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Second DUI within 7 Years
Getting a second DUI offense in Las Vegas has harsher penalties with possibilities of imprisonment. Technically, 2nd
DUI is a misdemeanor offense. A good Las Vegas DUI attorney can help reduce the charges or help dismissing the case. Below is a summary of the possible penalties and information on how to fight back.
Defenses against Second DUI
Knowing the circumstances of the case is one of the most effective methods to fight second DUI in Las Vegas. Your DUI attorney should scrutinize everything from how the cops confronted the driver, to the manner of the arrest, to how the law enforcers measured the blood alcohol limit, to how the witness (if there’s any) observed the incident.
Since there should be reasonable doubt
to prove that you are not guilty of the charges, a skilled DUI defense attorney have to create this reasonable doubt by gathering the evidence to show the following:
- Breath and blood testing equipment were misused by the law enforcers.
- Law enforcers have no probable cause to pull over the defendant.
- The forensic technicians are not certified.
- The Field Sobriety Test (FST) was not performed correctly.
- The defendant has an ailment or medical condition which caused for an inaccurate result on the breath or blood test equipment.
Penalties for Second DUI
The second DUI conviction within seven years merits harsher penalties than the first. This is calculated from the previous arrest date to the recent arrest date.
If you enter a “guilty” or “no contest” plea, Nevada law requires the court to impose the following mandatory penalties for a second DUI:
- Jail time: A minimum of 10 days in jail to a maximum of six months. The court may also choose to confine you in an alcohol or drug treatment center in lieu of jail time which has 24/7 monitoring. For second DUI conviction, there is a minimum residential confinement of 48 continuous hours.
- Fines: Assessments and fines that sum up a minimum of $750 to a maximum of $1,000 plus court costs. These fines, except for the court costs, may be substituted by community service.
- License suspension: A 1 year suspension of your driver’s license.
- DUI school: You will be required to enroll in and complete a traffic safety program known as the DUI School.
- For BAC of 0.18% or more: Additional penalties may be applied for a BAC of 0.18% or higher including
- DUI Assessment Program fee $100
- Victim Impact Panel fee, $40
- Installation and maintenance of Breath Interlock Devices on your car for 12 to 36 months
- Extensive counseling for alcohol or drug-related issues as determined by the DUI Assessment Program
- Installation of an ignition interlock device on your vehicle for 3 to 6 months even for BAC lower than 0.18%
Defense Attorney for Second DUI
If you’ve been arrested for DUI in Las Vegas and have had a previous conviction in the last seven years, you need to immediately contact an experienced Las Vegas DUI Defense attorney
to help you fight the legal battle that you’re about to face. Second DUI charges are prosecuted differently by the district attorney’s office in Clark County, so you will require the best DUI defense possible. Goodman Law Group can provide you free and confidential consultation that would result in the DUI charges being dropped or reduced to lesser charges.