Everybody makes mistakes. Once one makes a mistake, figuring out how to best move forward is essential. Driving under the influence is a grave mistake with potentially serious legal consequences. If charged twice, those consequences become more severe. Understanding the legal ramifications associated with a second DUI charge is essential in determining the most effective path forward. When facing a second DUI 3 factors ought to be considered:
- The class of the crime
- Whether jail time is avoidable
- How to fight a second DUI
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Is a Second DUI a Felony in Nevada?
Nevada permits a seven-year look back period; meaning, courts can consider prior driving while impaired arrests within a 7-year period of the date of the current charge when assessing a penalty. The circumstances of the first DUI arrest will affect the punishment the court will place on a 2-time offender. However, In the state of Nevada, unless a second DUI causes death or serious injury, the crime is considered a misdemeanor.
If facing a second DUI conviction within seven years of a prior DUI conviction penalties include:
- Ten days to 6 months of jail time or time under house arrest
- A fine of $750-$1009
- community service for 100-200 hours
- A potential suspension of the relevant vehicle’s registration
- A potential order to participate in up to 1 year of substance-abuse care or medical supervision.
- A 1-year driver’s license revocation
If one causes death or serious injury while driving under the influence (even on a first offense), the standard penalties are:
- The revocation of one’s driver’s license for three years
- A prison sentence of 2-20 years
- A fine of $2000-$5000
Can I Avoid Jail Time for a Second DUI?
In the state of Nevada, a second DUI within 7-years of a prior DUI is a charge that mandates jail time or house arrest. Nonetheless, it is possible to avoid jail time or house arrest for a second DUI within seven years under the right circumstances if properly defended. Critically assessing the actions of the arresting officer during a 2nd DUI as well as well as other factors that call into question the guilt of those charged with a DUI can result in evading jail time.
One factor that can greatly impact the degree of punishment for a repeat DUI is how quickly one responds to the charge. If avoiding jail time is the goal, prompt action can make the difference between time served and a lengthy jail term.
How to Fight a Second DUI Charge?
Fighting any charge is a matter of assessing the facts of the case and presenting them to the court in a manner that paints the defendant in a favorable light.
Scrutinize the Facts Surrounding the DUI Arrest
With a DUI, heavily scrutinizing the facts surrounding the DUI arrest is the best method of defense. Proving that the arresting officer made a procedural mistake or that there was some error in the evidence used to assert guilt is the best way to defend against a DUI.
Get a DUI Lawyer
It is challenging to effectively fight a DUI without an experienced attorney advocating on your behalf. Immediately speaking with an attorney that is familiar with defending cases like yours is your best chance at an adequate defense. It isn’t uncommon for law enforcement to make mistakes that experienced eye can utilize to lessen or even eliminate charges brought against you. Getting an experienced attorney to fight on your behalf case may turn what would have been jail time into an overturned conviction.
Don’t Give Up on a Lesser Charge
A second DUI is a severe mistake. Understanding the legal implications of a second DUI as well as assessing the most effective method to move forward is wise. The punishment for getting caught driving while intoxicated twice is severe; however, there are measures that one can take to mitigate the extent of a punishment a court will hand down.
According to Nevada legislation, getting caught driving while inebriated twice necessitates jail time or house arrest. Nonetheless, if you hire an experienced an attorney familiar with 2nd DUI cases, he or she may be able to help you avoid jail time or house arrest.
Related: Do I Really Need a DUI Lawyer?
If arrested for driving under the influence, make sure to contact an experienced attorney immediately! The longer you wait to contact an attorney the harder it will be to form an effective defense. Driving impaired is bad enough. Do not let a bad situation worsen by failing to proactively work to mitigate the damages caused by a second DUI arrest.