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.
Refusing a chemical test is grounds for arrest and Nevada law permits a police officer to use "reasonable force" to obtain a blood sample. Nevada is one of the few states permitting such procedures (NRS 484C.150).
Term of Years for Prior Offenses (Lookback Period)
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.
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. 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 will be subject to a license suspension/revocation of one year.
Getting Legal Advice
If you have been charged with your second DUI in Nevada, you may benefit from the advice of an attorney.