The most aggravating factor of a DUI charge is if there was an injury or death caused due to intoxicated driving. These cases are treated very seriously, as there are other human lives on the line. Another factor that has the potential to intensify a DUI charge is if the defendant’s blood alcohol content is in excess of 0.18%. Nevada state law provides elements for enhancing DUI charges when the BAC of the defendant is more than twice the amount of the legal limit because of the likelihood of accidents occurring at this level of intoxication. We delve into what factors contribute to a more serious DUI charge in Nevada
In addition to these elements, significant property damage caused by a drunk driver will increase a DUI charge significantly. What’s more, previous DUI convictions or charges have the capacity to represent the individual’s ongoing danger to the public.
If there are other illicit substances in addition to an excess of .08% BAC, this case may be treated more seriously, and even coupled with both DUI alcohol and DUI drugs. This would enable the prosecutor to seek a more severe consequence for the DUI charge due to the aggravating factors present. In this blog, you will discover what factors contribute to a more serious DUI charge in Nevada.
What Penalties Accompany A First, Second, Third, Etc. DUI In Nevada?
Penalties for a first offense DUI in Nevada are two days to six months in jail, completion of a DUI class, 185-day license suspension, and a Victim Impact Panel (an in-person meeting). The most common organization that performs these panels is called Mothers Against Drunk Driving, and the meetings generally last 60 to 90 minutes, consisting of speakers discussing the effect drunk driving has had on their lives. This is required of every individual who is charged with a DUI in Nevada, even if they are not ultimately convicted of it, or if the charges get reduced.
On top of these penalties, there is also a fine that must be paid, ranging from $400-$1,000, as well as court fees. In a first-time DUI case, the defendant may be ordered to perform community service in lieu of paying this fine.
Penalties are increased with subsequent DUI offenses. For a second offense DUI, the penalty will be up to six months in jail, with a minimum of ten days. In addition to this, there is a more involved DUI class and a Victim Impact Panel. The defendant will also be evaluated for alcohol or drug dependency, and a drug & alcohol counselor will recommend a plan of action regarding their alcohol abstinence that must be adhered to. This extends the penalty for a second time DUI from a six-month process to a full year so that the defendant can continue addressing their sobriety with their drug and alcohol counselor.
The court will order an additional suspended sentence in the event of non-compliance while the case is pending. In addition to DUI classes and jail time, the defendant will also be required to pay a fine of $750 to $1,000.
If an individual is charged with a DUI for a third time within a seven-year period, the state of Nevada treats this as a felony case. After a felony DUI conviction, each subsequent DUI will be charged as an additional felony. The state of Nevada offers what is called the Serious Offender Program. This allows someone that was charged with a third DUI the chance to avoid a felony provided they endure a DUI program that lasts from one-and-a-half to three years in a specialty court. Here, they are required to complete an abstinence-based approach to alcohol. This can range from Alcoholics Anonymous meetings, weekly appearances in court, and/or random urinalysis tests for alcohol. Along with this, defendants will be placed under house arrest for six months (at least) of the program and equipped with a breathalyzer for one year.
If the defendant fails to comply with the Serious Offender Program stipulations, whey will face a felony conviction that carries a sentence of one to six years in prison. A third DUI offense carries serious penalties, and almost always means an intensive period of abstinence from alcohol for at least a year or at least one year in prison.
For more information on Aggravating Factors For DUI Charges In NV, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 385-9777 today.
Frequently Asked Questions
Here are some DUI FAQs, especially about what factors contribute to a more serious DUI charge in Nevada:
Q. What blood alcohol concentration (BAC) levels result in a more serious DUI charge in Nevada?
In Nevada, the severity of a DUI charge is determined by blood alcohol concentration (BAC) levels. A BAC of 0.08% or higher is the legal limit for adults 21 and over. However, if a driver’s BAC is 0.18% or more, they may face more severe consequences, including enhanced penalties such as increased fines, mandatory alcohol education programs, and longer license suspensions. This higher BAC threshold reflects a greater level of impairment, leading to more severe legal consequences for individuals caught driving under the influence in Nevada.
Q. Does having prior DUI convictions affect the severity of a DUI charge in Nevada?
Yes, prior DUI convictions can impact the severity of a new DUI charge. The state has progressive penalties for multiple DUI offenses within seven years. Subsequent convictions lead to increased fines, longer license suspensions, and potential jail time. The severity of punishment generally escalates with each additional offense, emphasizing the importance of responsible and sober driving. Ignition interlock devices, probation, field tests, and other factors may come into play, making it crucial to seek advice from a DUI lawyer who understands the difference in circumstances, especially if there’s an accident involved or if there are children in the vehicle. A DUI lawyer can help protect your rights and provide a strong defense against misdemeanor charges, ensuring the best possible outcome given the circumstances.
Q. How does driving with a suspended license affect a DUI charge in Nevada?
Driving with a suspended license in Nevada while DUI can exacerbate legal repercussions. Apart from penalties like fines, extended license suspension, and potential jail time for the DUI, there are additional consequences for driving with a suspended license. This may lead to increased fines, prolonged license suspension, and more severe legal penalties. It is essential to address both charges separately, consulting a lawyer to navigate the complexities of the situation.
Q. Does refusing a breathalyzer test impact the severity of a DUI charge in Nevada?
In Nevada, refusing a breathalyzer test can lead to increased penalties for a DUI (driving under the influence) charge. The state has implied consent laws, meaning drivers are presumed to consent to chemical tests when suspected of DUI. Refusal can result in a driver’s license suspension, fines, and other consequences. It’s generally advisable to comply with breathalyzer tests as non-compliance can escalate legal consequences.
Q. Is driving with minors in the vehicle considered an aggravating factor for a DUI charge in Nevada?
Yes, in Nevada, driving under the influence (DUI) with minors in the vehicle is considered an aggravating factor and can lead to enhanced penalties. The presence of minors can result in more severe consequences, including increased fines, longer license suspension, and potential additional charges related to child endangerment.
Q. What role does excessive speeding play in determining the seriousness of a DUI charge in Nevada?
Excessive speeding can significantly impact the seriousness of a DUI charge in Nevada. If a driver is caught exceeding the speed limit while driving under the influence, it can exacerbate the legal consequences. Nevada law considers excessive speeding as an aggravating factor, leading to more severe penalties such as increased fines, longer license suspension, and potentially harsher legal consequences. The combination of DUI and excessive speeding underscores the gravity of the offense, making it crucial for individuals to adhere to speed limits and avoid impaired driving to mitigate the severity of legal repercussions.
What Sets Law Offices of Mace J. Yampolsky Criminal Defense Apart From Other Law Firms That Represent DUI Cases?
The fundamental thing that sets Law Offices of Mace J. Yampolsky Criminal Defense apart is our experience and aggressive defense strategy. Attorney Mace Yampolsky has been defending DUI cases in the state of Nevada for more than 35 years, giving him extensive knowledge in this aspect of law that is virtually unmatched. As a graduate of the National DUI Defense College, Mr. Yampolsky has taught his own DUI defense strategies to other lawyers, utilizing his depth of skill on a daily basis with individuals that seek his counsel and expertise.
Given the large volume of DUI cases that our firm represents, we are able to constantly refine our practice in a way that gives our clients the best legal protection possible. When it comes to DUI defense, we are among the top firms in the state of Nevada that offers this level of success and legal understanding.
For more information about what factors contribute to a more serious DUI charge in Nevada, our firm and our superior provides DUI defense services, please contact our office today for an initial consultation.