What happens with a third offense DUI?
Getting a third (or more) DUI in Nevada is very serious. A third DUI within seven years of a first DUI is a Felony offense. In Nevada, this is the second most serious type of Felony, a category B Felony, and carries with it extremely harsh penalties, including mandatory prison time. Remember that just because someone has been arrested or accused of a crime does not mean they will be convicted. A formidable DUI defense lawyer is the best chance someone has to avoid conviction or prison time. It is very important to contact an experienced Las Vegas DUI attorney as soon as possible, so that he can begin working on your felony DUI Third Offense case to get the best result possible.
A third DUI Conviction is a felony even if nobody was injured while the person was driving or there was no accident involved. It is also important to know that probation is not available for a person who has been convicted of a third DUI. Felony convictions can be life changing and have permanent consequences such as no longer being able to vote, sit on a jury or own/possess a firearm of any type. It may also be more difficult for a convicted felon to find a job, obtain housing, participate in activities or obtain credit. Unlike misdemeanor DUIs, which can be sealed seven years after a conviction, Felony DUIs cannot.
If convicted of a third DUI, the defendant faces between one to six years in Nevada state prison. The sentencing judge will ultimately decide the length of the sentence of the person convicted. Additionally, if the Defendant has been convicted of another charge, such as child endangerment, for driving with a child in the car, the defendant may face more time if the judge chooses to sentence the person to a longer sentence including consecutive, rather than concurrent, time in custody.
As with any felony conviction there are Court fees, assessments and costs which are mandatory. The Court must impose a substantial fine as well, from a minimum fine of $2,000 to a maximum fine of $5,000.
The defendant will have to successfully complete an alcohol/drug dependency evaluation, and a Victim Impact Panel class. The Victim Impact Panel course serves to offer the defendant a unique perspective, by having him or her meet with multiple individual who have had their lives forever changed by DUI Cases. Typically, the panel is made up of another individual convicted of DUI, a first responder and a victim.
Once convicted and upon release from prison, a Nevada approved and placed breath interlock device will be secured in any car the defendant has access to, for a period of up to three years. This interlock device will require the person driving the car to blow into it, similar to a forensic breath test (commonly referred to as a “breathalyzer”) before the car can be started and driven. If the device detects any alcohol, the car will not start.
The Nevada Department of Motor Vehicles will also suspend the defendant's driver's license for a full three years.
Experienced Las Vegas DUI attorney Josh Tomsheck has had over a decade of experience in working with 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 allows him the unique perspective of knowing how a prosecutor will approach the case, and also knowing how to defend the allegations against you or your loved one. Mr. Tomsheck has had many DUI cases reduced to a lesser offense, or dismissed entirely. To see more about Mr. Tomsheck's case results, please click here. To contact the office for a free consultation, please click here.