Aggravating factors that can make a drunk driving charge a felony.
In Nevada, you can get a DUI if you're caught operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence (impaired) by drugs or alcohol. A DUI conviction, in most situations, is a misdemeanor criminal offense. But certain aggravating factors can make a DUI a felony, which is a more serious crime that carries more severe penalties.
Here are some of the circumstances that can result in felony DUI charges in Nevada.
Third DUI Conviction Is a Felony
For most first and second DUIs in Nevada, an offender will be looking at misdemeanor charges. But if an offender has two or more prior DUI convictions within the past seven years (older prior convictions generally don't count), the current offense can be charged as a felony.
A third DUI is a category B felony and carries one to six years in prison, $2,000 to $5,000 in fines, and three-year license revocation.
Once You Have a Felony DUI, All Subsequent DUI Offenses are Felonies
If you've been convicted of a felony DUI in Nevada, all subsequent DUI offenses can also be charged as felonies. For example, suppose you're convicted of a fourth DUI after having been convicted of a felony third DUI ten years earlier. In this situation, the fourth DUI would be a felony regardless of when the prior felony DUI occurred.
A second felony DUI is a category B felony and carries two to 15 years in prison, $2,000 to $5,000 in fines, and license revocation for three years.
Felony Charges for DUIs Involving Injuries and Deaths
Generally, an offender who causes "great bodily harm" or death to another while driving under the influence will be facing category B felony charges. A conviction carries two to 10 years in prison, $2,000 to $5,000 in fines, and a three-year license revocation.
Depending on the circumstances, a DUI incident involving the death of another person could also lead to vehicular homicide charges. A DUI-related vehicular homicide is a category A felony and carries at least ten years in prison.
