Felony DUI

felony

Being arrested for a Felony DUI is a serious charge that carries with it mandatory prison time.  There are three ways under Nevada Law in which you would be charged with a Felony DUI

  • Third DUI Conviction within 7 years
  • If you are involved in a DUI where there is a death or substantial injury to a passenger in your car, pedestrian, or occupants of another vehicle
  • If you have previously been convicted of a felony DUI, any subsequent convictions will also be a felony

Nevada law prohibits judges from sentencing those convicted of a Felony DUI to probation.  This means…IF you are convicted of a Felony DUI you are going to prison. If you or a loved one has been arrested for a Felony DUI, you need an experienced DUI lawyer.  Call RENO DUI LAW FIRM at (775) 786-5791 – we can help!  

FELONY DUI THIRD OFFENSE

If you are convicted of a third DUI offense within a 7 year period you will be charged with a Class B Felony with mandatory prison time.   Sentencing for a third offense includes:

  • Prison: The Nevada State Law requires upon conviction the court must impose a sentence between 1 and 6 years in the Nevada State Prison system.
  • Assessments and Fines: The court must impose fines of at least $2,000 and a maximum of $5,000 in addition to court costs.
  • Driver’s License: The DMV will revoke the driving privileges for 3 years
  • Court Ordered Suspension of Driving Privileges: In addition to the DMV restrictions a third DUI conviction charged as a felony requires the court can impose a driver’s license suspension of 3 to 5 years. The license cannot be reinstated until at least 1 year after your release from custody.
  • Additional Penalties: Before a restricted license is granted, an ignition interlock device must be installed on any vehicles, SR-22 insurance and other requirements must be met.
  • Alcohol Treatment: The court may require you to pay for and complete an alcohol treatment program approved the Health Department of Nevada for a period of three years.

Any additional DUIs are also charged as a felony.  For example a 4th DUI carries with it a minimum of 2 years and a maximum of 20 years in prison.

DUI WITH INJURY

A DUI with injury charge can result from an accident in which a serious injury occurred to a passenger in your vehicle, a pedestrian, or occupant of another vehicle if any alcohol or drug consumption is detected regardless of BAC levels.  These charges may occur even if you were not the cause of the accident.  If you are convicted of DUI with injury, you will be charged with Felony DUI a Class B Felony.  The penalties if convicted are the same as those for a third time offender. If you or a loved one has been arrested for a DUI with Injury, this is a serious offense; you need an experienced DUI defense attorney to defend your rights.  Call RENO DUI LAW FIRM at (775) 786-5791 today for a FREE CONSULTATION.

SUCCESSFUL DEFENSES TO FELONY DUI

The charges before you may seem overwhelming.  You are not alone; we have successfully defended thousands of individuals for DUI over the years and may be able to do the same for you.  There are a number of strategies we can use to win your case and keep you out of prison Call RENO DUI LAWYER, Lee Hotchkin at (775) 786-5791 to start building your defense. Lee can meet with you in his office, or at the jail if need be. Lee will begin building a strategy for your defense immediately. During your first meeting he will discuss with you the charges you face, review the police report, answer any questions you may have, and discuss with you the next step to secure a successful outcome. Your defense typically begins with picking apart the state’s case – Did the officer have probable cause to pull you over?  Were the sobriety tests performed correctly?  Did the technician who tested your blood have the proper certification?  Is there a medical reason why your BAC level appeared higher than it actually was? The State of Nevada also has a Serious Offender Program, which if you are eligible will allow you to avoid prison all together. You deserve a knowledgeable and experienced DUI attorney who will aggressively defend you and will fight for your rights – at RENO DUI LAW FIRM it’s what we do!