Is a DUI Considered a Misdemeanor in Nevada?

Posted By Joey Gilbert Law || 21-Sep-2015

In Nevada, a DUI is most often considered a misdemeanor. Misdemeanor DUI charges are the result of a first- or second-time DUI offense that has not caused harm, injury, or death to another person. Although misdemeanors are not punished as harshly as felonies, a person can face serious and long-term penalties for a misdemeanor DUI offense. Below is a list of penalties for first-time DUI offenders in Nevada.

  • Two to six months in jail
  • 24-96 hours of community service
  • A mandatory alcohol awareness programs
  • Fines ranging from $400 to $1,000
  • Court costs
  • A mandatory MADD lecture
  • A Nevada breath interlock device for three to six months
  • 90-day driver’s license suspension
  • $35 civil penalty fee

A person may suffer additional consequences if their BAC levels were above 0.18 at the time of arrest. Below is a list of possible penalties for those over the age of 21 with a BAC greater than 0.18.

  • An alcohol dependency evaluation
  • An alcohol abuse and treatment program
  • A Nevada breath interlock device for a year to 36 months

Of course, penalties and fines will increase if the person is found guilty of a second DUI.

When Does a DUI Become a Felony?

Nevada laws state that a person will be convicted of a category B felony if found guilty of a third DUI offense within seven years of the first DUI conviction. Below is a list of penalties a person can face for a third DUI offense.

  • State prison for one to six years
  • Fines ranging from $2,000 to $5,000
  • A mandatory victim impact panel
  • A breath interlock device for one year to 36 months after completing prison sentence
  • 3-year driver’s license suspension or revocation
  • 5-day registration suspension
  • $35 civil penalty fee
  • Mandatory alcohol and drug evaluation

Additionally, a person can be convicted of a category B felony if they bring death or injury to another person and can face the following additional consequences.

  • Two to 20 years in state prison
  • Fines ranging from $2,000-$5,000

If a person has been convicted of three previous DUI convictions and kills another person while driving intoxicated, that driver can face a category A felony along with a prison sentence ranging from 25 years to a life with the possibility of parole for the following 10 years.

Arrested for a DUI? You Need to Act Now.

If you have been arrested for driving under the influence, it is important to seek legal representation right away. Not only are your rights at stake, but your entire future may be altered if you are convicted. At Joey Gilbert Law, we understand the need for aggressive and relentless representation. When you choose to work with our firm, our Reno DUI defense attorney can examine your case and help formulate a strategy to have your charges and penalties reduced or dismissed.

Don’t wait to make the call. Protect your rights by contacting the Reno DUI defense lawyers from Joey Gilbert Law today!

Categories: Criminal Defense, DUI
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