DUI Marijuana - 3rd Offense
If an individual in Nevada is arrested with for a third DUI offense, within seven years from the date of their first arrest, it is treated as a felony offense. If an individual has two prior DUI convictions, regardless of if the individual was under the influence of alcohol, marijuana, an illegal drug, a prescription drug, or some combination, the third offense is eligible to be charged as a far more serious Felony offense. For example, if an individual was arrested and found guilty for two DUIs outside of seven years ago, those cases would not be able to be used against the Defendant to make a current offense a Felony (unless he or she were previously convicted of a Felony. In Nevada, a person who is convicted of a Felony DUI will always be charged with a Felony offense thereafter, this is the “once a felon always a felon” law). In an instance where previous Misdemeanor convictions exist outside the seven (7) year window, the Defendant would be charged with a Misdemeanor, First Offense Marijuana DUI. For more on a Misdemeanor First Offense Marijuana DUI, please see here. For more on a Misdemeanor, Second Offense Marijuana DUI, please see here.
A Third DUI Offense, within seven years, while under the influence of Marijuana is a Category B Felony. It is automatically charged as a Category B Felony even if no accident occurred, no death occurred, and if no serious bodily injured occurred to an individual. As nobody was harmed, the Defendant is eligible to participate in Clark County's Felony DUI Court specialty program, assuming they were to apply and be accepted. A knowledgeable Las Vegas DUI lawyer can assist with the application and admission process for entry into this valuable program. Felony DUI Court is an alternative sentencing program, in which the Defendant can possibly avoid prison time and may have the charges against him or her reduced to a lesser charge, such as a Second Offense DUI, after the completion of ongoing requirements. While in Felony DUI Court, the Defendant will be expected to complete alcohol counseling classes and have an ignition interlock device on any vehicle the Defendant has access to. For more information on Clark County's Felony DUI Court, please see here.
If the Defendant is not accepted into a diversion program such as the Felony DUI Court, and is convicted of a Third DUI with Marijuana, the individual will spend one (1) year to six (6) years in a prison within the Nevada Department of Corrections. This is a non-probationable offense, meaning the individual must serve prison time if convicted. Additionally, the fines the Defendant can expect to pay range from $2,000 to $5,000. This fine amount is separate from any Court costs incurred by requirements, such as wearing a SCRAM Device, house arrest monitor, or the cost to maintain an ignition interlock device, if implemented. The Defendant will be expected to attend, and successfully complete a Nevada Victim Impact Panel. The Judge may order the Defendant to also attend a Coroner’s Class, if the Judge deems it appropriate. The Defendant will have to complete an alcohol and drug evaluation and follow the recommendations of the Court and its counselors. In addition to the penalties imposed by the Court, the Department of Motor Vehicles will suspend the Defendant's driver's license for a three (3) year period. After the period is successfully completed, the Defendant may be able to reinstate his or her driving privileges. At which point, a SR-22 will be required to be kept on file with the DMV.
It is very beneficial to have an experienced Las Vegas Marijuana DUI Attorney in your corner, fighting for you or your loved one. The quicker you hire an experienced Las Vegas Marijuana DUI Attorney, like Josh Tomsheck, the quicker he can begin working on your case. Las Vegas Marijuana DUI Attorney Josh Tomsheck has over a decade of experience working with Felony DUI Cases. Prior to working as a criminal defense attorney, he was a Chief Deputy District Attorney with the Clark County District Attorney's Office. This gives him the unique perspective of knowing how a prosecutor will approach the case, and knowing how to defend the allegations against you or your loved one. The quicker you contact him, the quicker he can begin working on your case. There are important deadlines that the police officers, Court and DMV must go by. If they do not follow these deadlines, it can greatly affect your case. Las Vegas Marijuana DUI Attorney Josh Tomsheck has hundreds of satisfied Marijuana DUI clients, as he has been able to get charges reduced, or dismissed entirely. For his case results, please click here. For your free consultation, please contact him here today!