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.
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.
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) 843-0939 today.
What Sets Yampolsky & Margolis Criminal Defense Apart From Other Law Firms That Represent DUI Cases?
The fundamental thing that sets Yampolsky & Margolis 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 our firm and our superior DUI defense services, please contact our office today for an initial consultation.