If you are arrested for DUI in Las Vegas and already have a prior DUI conviction, the consequences can be significantly more serious. Under Nevada law, a second DUI within seven years is generally a misdemeanor that can result in at least 20 days in jail or residential confinement, a $750 to $1,000 fine, substance-use treatment, and a one-year driver’s license revocation. A third DUI within seven years is generally a felony and can carry a prison sentence.
Does a Prior DUI Make a New DUI More Serious in Nevada?
Yes. Nevada increases the penalties for repeat DUI offenses that occur within a seven-year period.
For purposes of Nevada's repeat-DUI law, certain prior DUI convictions from Nevada or another jurisdiction can count as prior offenses. The seven-year calculation can also be affected by periods when a person was incarcerated, on probation or parole, in residential confinement, or under treatment supervision.
That means a previous DUI can have a major effect on how a new Las Vegas DUI case is charged and sentenced.
What Are the Penalties for a Second DUI in Las Vegas?
A second DUI within seven years is generally a misdemeanor in Nevada.
Under current Nevada law, the court may impose:
- 20 days to six months in jail or residential confinement
- A fine of $750 to $1,000, or an equivalent amount of community service
- A substance-use treatment program
- A one-year driver's license revocation
- An ignition interlock requirement as a condition of obtaining an ignition interlock driving privilege
At least 48 consecutive hours of confinement are required when a person is convicted of a second or subsequent DUI within seven years.
The Nevada DMV also requires certain steps before driving privileges can be reinstated, which can include installing an ignition interlock device and maintaining SR-22 insurance.
What Happens If You Get a Third DUI in Las Vegas?
A third DUI within seven years is much more serious because it is generally charged as a Category B felony in Nevada.
A conviction can result in:
- One to six years in Nevada State Prison
- A fine of $2,000 to $5,000
- A three-year driver's license revocation
- An ignition interlock requirement for three years as a condition of obtaining an ignition interlock driving privilege
Nevada law provides limited circumstances in which treatment programs may affect how certain third-offense DUI cases are handled, so the specific history and facts of the case matter.
Can an Old DUI Still Affect a New DUI Charge?
It can.
For the standard first-, second-, and third-offense DUI penalties, Nevada generally looks at offenses occurring within seven years. Some periods, including time spent incarcerated, on probation or parole, in residential confinement, or under treatment supervision, are excluded when calculating that period.
There is also an important exception for people with certain prior felony DUI convictions. If you have previously been convicted of felony DUI, DUI causing substantial bodily harm or death, or certain DUI-related homicides, a later DUI can be prosecuted as a Category B felony even if the earlier felony occurred more than seven years ago. That offense can carry two to 15 years in prison and a $2,000 to $5,000 fine.
What If Someone Is Injured or Killed in a DUI Accident?
The penalties become much more severe when a DUI causes substantial bodily harm or death.
Under Nevada law, DUI causing substantial bodily harm is a Category B felony punishable by two to 20 years in prison and a $2,000 to $5,000 fine. DUI causing death can carry even longer sentences, with the applicable range depending in part on the driver's prior DUI history.
These charges are separate from the ordinary first-, second-, and third-offense DUI penalty structure.
What Is the Legal BAC Limit in Las Vegas?
Nevada law generally makes it illegal to drive or be in actual physical control of a vehicle with a blood or breath alcohol concentration of 0.08% or higher. A person may also be charged with DUI based on impairment even without a BAC of 0.08% or higher.
A BAC of 0.16% or higher can trigger extra requirements, including treatment, even on a first DUI offense.
Arrested for DUI Again in Las Vegas? Talk to a DUI Defense Attorney
A prior DUI can change the possible penalties, driver's license consequences, and defense strategy in a new Las Vegas DUI case. The outcome can depend on when the prior offense occurred, what type of conviction it was, and the circumstances surrounding the current arrest.
If you have been arrested for DUI in Las Vegas and have a prior DUI on your record, contact Pariente Law Firm for a free consultation to discuss your case and your legal options.
Frequently Asked Questions About Repeat DUI Charges in Las Vegas
How long does a DUI count as a prior offense in Nevada?
For Nevada's standard repeat-DUI penalties, the relevant period is generally seven years. Certain periods of incarceration, probation, parole, residential confinement, or treatment supervision are excluded from that calculation.
Is a second DUI a felony in Las Vegas?
Usually, no. A second DUI within seven years is generally a misdemeanor. A third DUI within seven years is generally a Category B felony. Prior felony DUI convictions can also make a later DUI a felony.
How much jail time can you get for a second DUI in Nevada?
A second DUI within seven years generally carries 20 days to six months in jail or residential confinement.
What is the penalty for a third DUI in Las Vegas?
A third DUI within seven years is generally a Category B felony punishable by one to six years in prison and a $2,000 to $5,000 fine.
Will I lose my license after a second DUI in Nevada?
A second DUI conviction within seven years generally results in a one-year driver's license revocation. Nevada provides an ignition interlock driving privilege under certain conditions.
Does an out-of-state DUI count as a prior DUI in Nevada?
It can. Nevada's DUI statute allows an offense under another jurisdiction's law to qualify as a prior offense when that law prohibits the same or similar conduct.