What happens with a second offense DUI?
In Nevada, Driving under the Influence charges can be “enhanceable” offenses. This means that each subsequent arrest can be treated more seriously under the law if someone has sustained a previous conviction. A person can only be charged with a Second offense DUI if they have previously been convicted for a DUI within the last seven years. The seven (7) year “lookback window” runs from the date of arrest to the date of arrest.
While a Second offense DUI is, like a first offense, a misdemeanor, a person charged with a Second DUI will potentially more severe penalties, including mandatory minimum jail time. DUI Attorney Josh Tomsheck has defended hundreds of Drunk Driving allegations in Las Vegas and throughout Nevada, including a countless number of Second offense DUI cases. The sooner he is contacted, the sooner he can begin working on your case in an attempt to get the best possible result for you. It may be possible to get your charge reduced, or even dismissed. Contact him here for a free consultation.
Even though a Misdemeanor, DUI charges are always serious. Second offense DUI convictions in Nevada have harsh consequences. If convicted, either at trial or by guilty plea, a person faces mandatory jail time, fines, suspension of his or her driver's license, and classes such as DUI School, a Victim Impact Panel and a Coroner's Class. If convicted, you may have to undergo a drug and alcohol abuse evaluation and receive additional requirements at the time of sentencing.
There are “mandatory minimum sentences” if convicted of a Second Offense DUI charge in Nevada. They are as follows:
- Jail Time: If convicted of a Second DUI, the defendant must spend a minimum of ten days in jail. The maximum jail sentence is six months in county or city jail.
- Fines: The fine a person faces increases in a second offense to no less than $750, and no more than $1,000. It is important that Court costs, fees and assessments increase this amount several hundred dollars. In some cases, a knowledgeable DUI defense attorney may negotiate that some fine amounts can be converted to community service hours in lieu of paying fines in cash.
- Classes: There are statutorily required classes which must be attended by individuals convicted of DUI. All of the requirements have costs which must be paid by the defendant and will not be taken out of the fine amount paid to the Court. A person convicted of a Second DUI must also attend, and complete a Victim Impact Panel at his or her expense. He or she will have to sit and listen to a three person panel describe the effects of DUI and how it has changed their lives. This class must be done in person.
The defendant must also successfully complete a DUI School. This is an 8 hour Drug and Alcohol Education Course. It can range in cost from $100 to $300. This case can sometimes be done via correspondence or online.
In Southern Nevada, some people convicted of DUI are required to attend a Coroner's Class, or Coroner's program, at the Clark County Coroner's Office. In this class, the Defendant will see images of deadly DUI crashes and listen to how their actions can cause the end of their life, or another person's.
Evaluation: An alcohol evaluation will be imposed for a second DUI conviction, regardless of the defendant's blood alcohol level. Additional drug and alcohol counseling may be imposed by the Court following evaluation.
Loss of driving privileges: When someone receives a second DUI within seven (7) years of the first, that person will likely lose their driving privileges for one (1) year.
While these penalties are very serious, it is important to remember that being charged with a Second DUI is not the same thing as a conviction. Josh Tomsheck has handled hundreds of DUI cases. Many of these cases have had beneficial resolutions, including not guilty verdicts, complete dismissal of charges, suppression of evidence and substantial reductions to lessor offenses. Someone charged with DUI should never “just plead guilty” or assume there isn't a better outcome for them. Contact Las Vegas DUI Defense lawyer Josh Tomsheck today.