The penalties for a second DUI in Nevada are established in Section 484C.400 of the state's Revised Statutes. These rules set forth the criminal and administrative penalties, as well as the period of time in which prior DUI convictions can be accounted for in the court's punishment.
Term of Years for Prior Offenses
In Nevada, a court can consider an individual's prior DUI offenses if they occurred within seven years of the currently pending offense. Typically, this period of time is referred to as the "lookback" period. There is no difference in punishments for an individual whose prior offense occurred six years ago and in those for an individual whose prior offense occurred six months previously.
Criminal Penalties in Nevada
Nevada identifies a second DUI offense as a misdemeanor, which means that its criminal punishment carries less than a year in prison. A felony in the state is any crime which is punishable by more than a year in prison.
The state allows courts to order a second time DUI offender to no less than ten days and no more than six months in prison, and no less than ten days and no more than six months in a residential alcohol treatment facility. The court may also order the offender to attend an additional outpatient treatment program. Finally, a second time offender can be fined from $750 to $1000, or community service hours that are the equivalent to the ascribed fine.
Administrative Penalties in Nevada
An administrative penalty is one not issued by the court, but rather by a government agency. In Nevada, this agency is the Department of Motor Vehicles, which has the authority to suspend the driver's license of a driver convicted of a DUI. A second time offender with a blood alcohol level of 0.08 has their license revoked for 90 days.
Pleading in Nevada
Nevada allows offenders to plead guilty and avoid a trial, or to plead not guilty and proceed to trial. A plea of guilty often results in lesser penalties because courts appreciate the offender's acceptance of responsibility. An offender can also enter into a plea bargain with the prosecution, which can result in lighter criminal penalties.
Getting Legal Advice
If you have been charged with your second DUI in Nevada, seek advice from an attorney. A lawyer will review the facts of your case and discuss with you which statutory punishments might be applied to your case, as well as possible defense strategies.