Third Offense DUI in Nevada

A third offense DUI in Nevada committed within seven years of the first two offenses will lead to serious administrative and criminal penalties. The third offense is also a class B felony and includes commitment to a Nevada prison for a minimum of one year. The penalties may be more severe if the incident involves injury of another person.

Implied Consent

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).

Penalties for Third Offense DUI in Nevada

Administrative penalties include the loss of a driver’s license and rehabilitation:

  • Driver’s license suspended for 3 years with possible eligibility for a restricted license
  • Suspension of motor vehicle registration
  • Victim impact panel attendance (MADD lecture)
  • SR22 Nevada insurance requirement
  • Installation of the Ignition interlock device for 12 months up to 36 months
  • $35 civil penalty

Criminal penalties for a third DUI offense include:

  • Fines from $2,000 to $5,000
  • 1 year to 6 years in the Nevada State Prison

If the DUI leads to injury or death of another person there are stricter penalties that include:

  • Driver’s license suspension for 3 years with no restricted license
  • 2 to 20 years in the Nevada State Prison
  • Fine between $2,000 to $5,000

Felony Charge

A third offense DUI in Nevada is a felony. First and second DUI offenses are misdemeanors. Any DUI offense above three is considered a felony.

Plea Options

In Nevada, you can plead guilty, not guilty or nolo contendere (no contest). The no contest plea means you accept the penalties without admitting guilt. When pleading not guilty, the case will go to trial if it cannot be resolved during pre-conference hearings.

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