Nevada defines driving under the influence (DUI) as being in physical control of a motor vehicle while having a blood concentration level above 0.08 percent. Having physical control of a motor vehicle is being in the driver’s seat at the time of the stop. A person does not have to be driving to be accused of a DUI. They can simply be waiting in their car in a parking lot or on the side of the road parked at the time police approach.
When Can Nevada Charge Me with a Third DUI?
A person can be charged with a third DUI when they already have two convictions in a seven-year period.
Is a Third DUI a Felony or Misdemeanor?
Both the first and the second DUI convicts are misdemeanors. However, a third DUI is a category B felony.
What Punishment Will I Face For a Third DUI Conviction?
Since a third DUI conviction in seven years is a category B felony, the punishment is:
- One to 6 years in prison
- Fine of $2,000 to $5,000
The prison sentence will be served in a minimum-security facility when possible.
Can I Keep My Driver’s License If I Am Convicted of a Third DUI?
No. Regardless of how many times that you are convicted of a DUI in Nevada, your license will always be revoked following a DUI conviction.
Can a Lawyer Represent Me in My Third DUI Charge in Nevada?
Having legal representation is crucial whenever you are facing a felony, but especially when you are facing a subsequent DUI charge. A Nevada DUI/DWI lawyer will represent you in fighting your third DUI and help you avoid the harsh penalties.