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Second DUI

Second DUI Conviction in Las Vegas, Nevada

Second DUI conceptIf you have been arrested for a second DUI offense in Las Vegas, you should retain LV Criminal Defense us as soon as possible to begin your defense. If you are convicted, your next DUI is a felony offense with serious jail time and fines. The second DUI in seven years is a misdemeanor in Nevada, but law enforcement has a significant interest in punishing these cases as strongly as possible to show that the state is tough on drunk driving.

A qualified DUI attorney can examine the evidence against you and work to get you acquitted. Remember that law enforcement and the prosecutor are your opponents, not your allies. You deserve to have Nick Wooldridge – a lawyer who will ensure that you get all of your rights in a second DUI case.

How is a second DUI conviction different from the first DUI in Nevada?

If you are pulled over on suspicion of driving under the influence for the first time, you can choose whether to take a breath or blood test. If you are arrested on suspicion of driving under the influence in Nevada with a previous DUI conviction on your record, the police officer gets to make the decision whether to administer a blood test or a breath test with the Intoxilyzer 5000EN. The police are likely to choose the more difficult option with a result that is harder to get thrown out of court as evidence.

This is not the only way a second DUI is different from a first offense. The other way a second DUI conviction is different than a first one is that there are no more chances if you get in trouble again. A third DUI is a felony with serious penalties, including jail time, huge fines, and revoked driving privileges for a long period. Remember, a second DUI is usually only a misdemeanor, while the third DUI is a felony.

It is critical that you hire an experienced defense lawyer to do everything possible to avoid a second DUI conviction on your record.

What is the sentence for the second DUI offense in seven years in Las Vegas?

DUI sentences depend on the number of offenses you have had in the prior seven years. Seven years will often be calculated in a way that includes the most number of offenses, such as from the arrest date of the first offense to the conviction date of the second, for example.

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The sentence for a second DWI conviction within seven years in Nevada includes:

  • Jail time, with a minimum of 10 days and a maximum of 6 months. Sometimes, the judge will allow you to serve some of this time at home;
  • Minimum fine of $675 up to $1,175 with court costs. Usually the fine for a second DUI with court costs is $1,100;
  • Loss of driving privileges for 1 year;
  • 100 to 200 hours of community service;
  • Completion of a drug and alcohol treatment program;
  • A Breath Interlock Device on your vehicle for 6 to 12 months after your are released from custody and your driving privileges are reinstated;
  • Attendance at a Victim Impact Panel at your expense; and
  • $35 administrative fine payable to the Nevada Department of Motor Vehicles.
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As you can see, resolving a second DUI conviction in Nevada can be time consuming and expensive at a minimum, and can carry long jail time away from home at most. Don’t face the charges alone; hire a criminal lawyer as soon as you can to advise you of your rights and to defend you.

A driving under influence case is not hopeless. There are lots of ways your attorney can call the state’s evidence into question and get you acquitted of your second DUI charges. Call Nick Wooldridge today.

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