Second-Offense DUI in Nevada

Nevada's DUI laws prohibit driving or being in actual physical control of a vehicle:

• while under the influence of drugs or alcohol, or
• with a blood alcohol concentration (BAC) of .08% or more ("per se" alcohol DUI).

A driver is considered "under the influence" if impaired to the point where he or she can't safely drive.

Felony DUIs

A DUI is a class B felony if, in addition to driving under the influence, the motorist:

• has been convicted of two prior DUIs within the past seven years
• causes the death of or substantial bodily harm to another, or
• has been convicted of a felony DUI in the past.

Felony DUIs carry more severe consequences than do other DUI offenses.

Administrative Penalties

In Nevada, a DUI arrest can lead to "administrative penalties" that are imposed by the Nevada Department of Motor Vehicles (DMV). The DMV will revoke the license of any driver who tests with a BAC of at least .08% (or any amount of drugs without having a valid prescription) or refuses BAC testing. For a second DUI, the administrative penalties include:

• Per se alcohol and per se drug DUI. Drivers whose breath or blood test results in a BAC of at least .08% will have their license revoked for 90 days.
• Chemical-test refusals. Motorists who refuse a chemical test in violation of Nevada's implied consent laws for a second time within a seven-year period will face a three-year revocation of their driving privileges.

If the DMV revokes your license for the reasons above, you can request a hearing in writing to challenge the revocation. (If you don't request a hearing, you forfeit the right to challenge an administrative suspension.) The upside to this the DMV may issue you a temporary driver's license that allows you to drive while the DMV conducts its review. An ignition interlock device is not required for driving with a temporary license.

If you are convicted of DUI in criminal court, the DMV will revoke your license for one year.

Criminal Penalties

"Criminal penalties" are imposed by the court once a driver is convicted of DUI. For a second DUI, the criminal penalties include:

• Standard second DUI. Drivers convicted of a second DUI must serve either 10 days to six months in jail or house arrest or perform 48 to 96 hours of community service while wearing clothing that identifies the driver as someone convicted of DUI. The fine ranges from $750 to $1000, or the driver may perform community service hours in lieu of a fine. Convicted drivers are also required to pay for and attend a drug and alcohol abuse treatment program and install an IID on their car for one year as a condition for getting their license back.
• Felony DUI. Drivers convicted of DUI resulting in death or substantial injury to another, face two to 20 years in prison, must pay a fine ranging from $2,000 to $5,000, and must have an IID installed for a period of three years.

A DUI offender who causes the death of another person could also face vehicular manslaughter charges in Nevada.

Treatment Programs

A second-time DUI offender can apply with the court to participate in a treatment program prior to sentencing. If accepted, the driver's sentence is suspended for three years to allow the driver time to complete treatment. Also, these drivers qualify to get their licenses back in half the time.

To be eligible, a driver must:

• be diagnosed as an alcohol or drug abuser by a licensed or certified counselor or physician
• agree to pay for the costs of treatment, and
• serve at least five days in jail.

Once the driver successfully completes treatment, the judge won't have the driver serve any additional jail time. Also, the driver's fine is limited to $750.