Third Offense DUI in Nevada

A third offense DUI in Nevada committed within 7 years of the first 2 offenses will lead to severe administrative and criminal penalties. The third offense is also a class B felony and includes commitment to a Nevada prison for a minimum of 1 year. The penalties are even harsher if the drunk driver injures another person.

Nevada DUI Laws

Nevada considers .08 as the legal BAC limit for those over 21 years old. Anyone driving with a Blood Alcohol Content of .08 or higher is considered to be driving while under the influence (DUI).

Special circumstances in Nevada DUI laws cover minors and commercial drivers facing a DUI. Nevada is called zero tolerance state meaning it does not tolerate any amount of alcohol in a driver younger than 21 years old. Any minor under the age of 21 will be considered impaired with a BAC of .02 or higher, and any amount of alcohol is considered an offense.

The same zero tolerance laws apply to commercial drivers in the state of Nevada. Commercial drivers must have a BAC of 0.00 or face arrest.

Implied Consent

Nevada law recognizes implied consent. When you receive your driver’s license you are agreeing to take BAC tests if a police officer believes you are driving under the influence and requests you to submit to one or more of the tests.  If you refuse to take a BAC blood, breath or physical behavior test you will face immediate arrest.

Penalties for Third Offense DUI in Nevada

Persons arrested in Nevada for a third offense DUI face rigid penalties. Both administrative and criminal penalties will be determined by the court.

Administrative penalties include the loss of a driver’s license and rehabilitation:

• Driver’s license suspended for 3 years with possible eligibility for a restricted license
• Suspension of motor vehicle registration
• Victim impact panel attendance (MADD lecture)
• SR22 Nevada insurance requirement
• Installation of the Ignition interlock device for 12 months up to 36 months
• $35 civil penalty

Criminal penalties for a third DUI offense include:

• Fines from $2,000 to $5,000
• 1 year to 6 years in the Nevada State Prison

If the DUI leads to injury or death of another person there are stricter penalties that include:

• Driver’s license suspension for 3 years with no restricted license
• 2 to 20 years in the Nevada State Prison
• Fine between $2,000 to $5,000

Felony Charge

A third offense DUI in Nevada is a felony. First and second DUI offenses are misdemeanors. Any DUI offense above three is considered a felony.

Plea Options

In Nevada, you can plead guilty, not guilty or nolo contendere (no contest). The no contest plea means you accept the penalties without admitting guilt. When pleading not guilty, the case will go to trial if it cannot be resolved during pre-conference hearings.

Don’t Face It Alone

It is imperative that anyone charged with a third DUI offense obtain expert legal advice as soon as possible. An experienced attorney will work to defend your rights to the full extent allowed by law and help you navigate the complex court process.