Driving under the influence is a serious offense, and successfully bouncing back from a DUI conviction can be challenging. Understanding the practical consequences of a DUI is one of the first steps towards returning your life to normalcy. One of the consequences of a DUI is its impact on your driving record and criminal record. This article explains how a DUI conviction affects your record.
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How Long Does a DUI Stay on Your Driving Record in Nevada?
In Nevada, a DUI does not result in demerit points on your driving record. Instead, a DUI results in an immediate revocation or suspension of your driver’s license. The effect of a DUI on your driving record changes depending upon the type of conviction.
Misdemeanor 1st offense
A first DUI offense results in either a 185-day driver’s license suspension or the installation of a breath interlock device in your car for 1-3 years.
Misdemeanor 2nd offense
A second DUI offense results in an automatic 1-year driver’s license suspension and a requirement to install and maintain a breath interlock device in your car for 1-3 years post reinstatement.
Misdemeanor 3rd offense
A third DUI offense usually results in a Category-B felony conviction, a 1-6-year prison sentence, and a 3-year driver’s license suspension. With effective legal representation, you may avoid a felony conviction and prison time.
DUI Convictions Following a Prior Felony DUI
DUI convictions that follow a prior felony DUI entail a 2-15 prison sentence. Once released from prison, you must install and maintain a breath interlock device in your car for 1-3 years.
DUI Resulting in an Injury or Death
If a DUI causes an injury or a death, then it is automatically a Category-B felony. A DUI that causes injury or death entails a 2-20-year prison sentence and the installation of a breath interlock device that is maintained for 1-3 years post-release.
How Long Does a DUI Stay on Your Criminal Record in Nevada?
If you have a misdemeanor DUI, it is possible to have your criminal record sealed seven years after your case closes. A criminal record seal does not entirely clear your record, but for almost all practical purposes, a record seal clears a DUI. After your record is sealed, a DUI will no longer appear on a background check, and you are legally entitled to claim that you were never convicted of a DUI.
Record Seal for a Misdemeanor DUI
If the DUI you have on your record is a misdemeanor DUI, then you can file to have your record sealed seven years after the case closes. Your DUI case closes after all of the requirements of your conviction are met.
Record Seal for a Felony DUI
If you have a felony DUI, then you are ineligible for a record seal.
The Best Case Scenarios
The best-case scenario for someone charged with a DUI is to have the charge thrown out or reduced.
If the charge is thrown out, then you will not receive a DUI conviction. The more likely scenario is getting your DUI charge reduced to reckless driving via a plea deal. Getting a DUI charge dismissed or reduced is difficult, and having an experienced DUI attorney on your side dramatically increases your chances.
Related: Do I Really Need a DUI Lawyer?
Can You Expunge a DUI in Nevada?
It is not possible to have a DUI expunged from your criminal record in Nevada. A criminal record seal is the closest you can get to clear a DUI from your record.
Getting a Criminal Record Sealed in Nevada
Getting a criminal record sealed in Nevada is a time-consuming, multifaceted, and tedious process. The best way to ensure that your criminal record is sealed with minimal delay is to hire an attorney who is well-versed in the Nevada record sealing process. However, if you are committed to attempting to get your record sealed without assistance, we have an article detailing the process.
If you have been convicted of DUI or are facing a DUI conviction making the right choices moving forward is essential. A DUI is a serious charge, and every subsequent DUI following your first only becomes more serious. Whether you are looking for a legal defense, or are looking to seal your criminal record, hiring an attorney familiar with the Nevada DUI laws is the surest way to bounce back from a DUI.