If a Nevada driver has two prior DUIs within seven years, a third offense can be charged as a felony. A third conviction carries fines, license suspension, and prison time. The following are possible outcomes and penalties resulting from a third-offense DUI in Nevada.
In Nevada, you can be convicted of a DUI for driving while actually under the influence of (impaired by) drugs or alcohol, with excessive blood alcohol content (BAC), or with certain amounts of metabolized controlled substances. But regardless of the type of DUI offense, the penalties are generally the same.
Jail time. A third-offense DUI carries one to six years in a minimum-security prison.
Fines. A person who's convicted of a third DUI must pay a fine of $2,000 to $5,000.
Treatment. Prior to sentencing, the offender will be evaluated for drug and alcohol dependencies. Based on the results, the court can order participation in substance abuse treatment.
An offender who pleads guilty or no contest to a third-offense DUI charge can petition the court to adopt a voluntary treatment program. The court will review the offender's evaluation results and criminal history to determine if the program is suitable. If the offender gets accepted into the program, the criminal proceedings will be halted, and the offender placed in a three-year treatment program.
The program requires at least six months of in-patient treatment. The offender will also be placed on probation for up to five years and be subject to random sobriety testing. The offender must have an ignition interlock device (IID) for at least 12 months.
Successful completion of the program will result in the third-offense DUI being reduced to a second-offense DUI. But failure to complete the treatment and probation will result in the court reinstating the third-offense felony conviction and the associated penalties.
For a third DUI conviction, the driver faces a license suspension of three years. However, participation in the treatment program or the state's 24/7 sobriety program allows the offender to obtain an IID restricted license after completing half of the suspension period.
In addition to the license revocation, the court will order that the driver install and maintain an IID for three years following license reinstatement.