Nevada DUI Punishments
Driving under the influence (DUI) is one of the most serious and heavily prosecuted offenses in Nevada. The state has strict laws that dictate severe penalties for those convicted of DUI, which can range from fines and license suspension to lengthy prison sentences. Understanding the statutory framework for each DUI offense is essential for anyone facing such charges. This guide provides a detailed overview of DUI penalties in Nevada, along with relevant statutory citations for each offense.
First Offense DUI (Misdemeanor) - NRS 484C.110 and NRS 484C.400(1)(c)
A first-time DUI offense in Nevada is generally categorized as a misdemeanor, provided there are no aggravating circumstances such as causing injury or death. The penalties for a first offense DUI are outlined in Nevada Revised Statutes (NRS) 484C.400(1)(c).
Penalties for a First Offense DUI:
Fines: $400 to $1,000, as specified in NRS 484C.400(1)(c).
Jail Time: 2 days to 6 months, which can be suspended for community service under NRS 484C.400(1)(c).
Community Service: 48 to 96 hours, as an alternative to jail time.
DUI School: Completion of a DUI education course is mandatory under NRS 484C.400(1)(c).
Victim Impact Panel: Attendance at a Victim Impact Panel may be required under NRS 484C.400(1)(c).
License Revocation: 185 days, with the possibility of a restricted license after half of the suspension period (NRS 484C.210).
Ignition Interlock Device: Installation may be required for up to 6 months, per NRS 484C.460.
Second Offense DUI (Misdemeanor) - NRS 484C.400(1)(c) and NRS 484C.400(2)(c)
A second DUI offense within seven years of the first is also considered a misdemeanor, but with enhanced penalties. The specific penalties are outlined in NRS 484C.400(2)(c).
Penalties for a Second Offense DUI:
Fines: $750 to $1,000, as stated in NRS 484C.400(2)(c).
Jail Time: Minimum of 10 days to 6 months. The initial 10 days cannot be suspended under NRS 484C.400(2)(c).
Community Service: 96 to 200 hours, as mandated under NRS 484C.400(2)(c).
DUI School: Required to complete a more intensive DUI education program, as per NRS 484C.400(2)(c).
Alcohol Treatment Program: Mandatory participation in a treatment program, outlined in NRS 484C.400(2)(c).
License Revocation: 1 year, with no option for a restricted license (NRS 484C.460).
Ignition Interlock Device: Installation is required for 1 to 3 years upon license reinstatement, per NRS 484C.460.
Third Offense DUI (Felony) - NRS 484C.400(3)(c)
A third DUI offense within seven years is classified as a Category B felony in Nevada. The penalties for this offense are severe and are detailed in NRS 484C.400(3)(c).
Penalties for a Third Offense DUI:
Fines: $2,000 to $5,000, as outlined in NRS 484C.400(3)(c).
Prison Time: 1 to 6 years in a Nevada state prison, with no option for probation or suspension of sentence under NRS 484C.400(3)(c).
License Suspension: 3 years, as mandated by NRS 484C.460.
Alcohol Treatment Program: Mandatory participation in an inpatient or outpatient treatment program, under NRS 484C.400(3)(c).
Ignition Interlock Device: Installation is required for up to 3 years upon license reinstatement, as per NRS 484C.460.
Felony Record: A conviction under NRS 484C.400(3)(c) results in a felony record, which can have a significant impact on future employment and other areas of life.
DUI Causing Serious Bodily Harm or Death (Felony) - NRS 484C.430
If a DUI results in serious bodily harm (sometimes called Serious Bodily Injury) as defined in NRS 0.060, or death to another person, it is charged as a Category B felony, regardless of whether it is a first or subsequent offense. The penalties for this offense are detailed in NRS 484C.430.
Penalties for DUI Causing Serious Bodily Injury or Death:
Fines: $2,000 to $5,000, as per NRS 484C.430(1)(a).
Prison Time: 2 to 20 years in state prison, with no probation allowed, under NRS 484C.430(1)(b).
License Revocation: 3 years, with no option for a restricted license during this period, per NRS 484C.460.
Restitution: Payment to the victim or victim's family for medical expenses, lost wages, and other damages, under NRS 484C.430.
Felony Record: A conviction results in a felony record, with severe consequences for the individual's future.
How Attorney Josh Tomsheck Can Help
Facing a DUI charge in Nevada can be overwhelming, but having an experienced attorney like Josh Tomsheck can significantly impact the outcome of your case. As a former Chief Deputy District Attorney in Clark County, Josh has extensive knowledge of DUI prosecution and defense strategies. His status as a nationally board-certified criminal trial attorney, along with his memberships in the National Association of Criminal Defense Lawyers, the National College for DUI Defense, and the DUI Defense Lawyers Association, make him exceptionally qualified to defend against DUI charges.
If you are facing DUI charges in Nevada, understanding the potential penalties under the law is the first step in protecting your rights and future. With the help of a skilled attorney like Josh Tomsheck, you can explore all available defenses and work towards the best possible outcome for your case. Contact Josh Tomsheck at Hofland & Tomsheck today for a consultation and take the first step toward a strong defense.
