If you’re facing a second DUI charge in Nevada, you should know it’s still a misdemeanor in most cases. However, it will have more severe penalties than a first DUI offense.
While having a defense attorney is paramount for DUI charges in Nevada, you will most certainly want the best representation for a second DUI offense. Here’s what you should know about a prior DUI and how it could impact your life.
What Is Considered as a Prior DUI?
If you were convicted of a DUI in the U.S., it is considered a prior DUI if it occurred within seven years of your current case. However, if you had an earlier DUI charge that was dismissed or the charges were reduced to reckless driving, this wouldn’t be considered a prior DUI charge.
For anyone with a prior felony DUI conviction, you will automatically face another felony charge even if your current case did not cause any injuries. It will also be considered as a felony this time around even if your former DUI arrest was more than seven years ago.
Will I Go to Jail for a DUI in Nevada?
For a second DUI charge, if it results in conviction, you will go to jail for a minimum mandatory sentence of 10 days in jail. The court may order you to serve up to 6 months in jail, but it’s not the typical sentence. Usually, 10 days is common, unless you had a child under the age of 15 in the car with you at the time of your arrest.
There are reasonable options too, as the judge may agree to allow you to serve those 10 days intermittently. This would allow you to be able to go to work. You may also have the option of serving those days in confinement at home.
Naturally, this will all depend on the particulars of your case. It’s most common for judges to impose a 6-month suspended jail sentence wherein you would not have to serve more than 10 days in jail pending completion of other probationary terms and keep out of trouble while your case is active.
You can also expect fines up to $1,000, revocation of your driver’s license or the option to use an ignition interlock device, and attending a MADD victim impact panel.
How to Fight Your Second Charge
When you are facing your second DUI charge, you will want an experienced DUI attorney to help you create a solid defense. This may include arguing that there was no reasonable suspicion for the officer to make the traffic stop in the first place. You may have medical conditions backed with medical records that prove you were not intoxicated.
The list of potential defenses goes on and on, though the most effective methods come through revealing the facts of the case. Your attorney will present evidence from medical records, video footage, witness testimony, and expert witness testimony to get the best possible outcome. In other words, things may not be as dire as they seem, though speaking with a DUI defense lawyer will help you know what to do.
