Third DUI Offense Explained – DUI Defense Attorney of Goodman Criminal Defense Attorney

The State of Nevada defines driving under the influence as

• The state of driving a vehicle while intoxicated with alcohol or drugs;
• The state of driving a vehicle when the driver’s blood alcohol content(BAC) is at 0.08 or higher; or
• The state of driving a vehicle even when the driver has taken an amount that surpasses the legal amount of prescription and narcotic drugs

Drivers can still be charged with a DUI in Las Vegas even if they were driving within speed limits and following road safety rules. It is, after all, illegal to drive any motor vehicle while their blood alcohol/drug content is beyond prescribed limits. Once arrested, offending drivers can post bail amounting $5,000.

Penalties for Third DUI offense

• Administrative Penalties

  • Three-year suspension of driver’s license, with possible eligibility for a restricted licenseSuspension of motor vehicle registration
  • Victim impact panel attendance
  • SR22 Nevada insurance requirement
  • Installation of an ignition interlock device in the offender’s motor vehicle for a period between 12 and 36 months
  • $35 civil penalty
  • Nevada Health Department-approved rehabilitation program up to a period of three years

• Criminal Penalties

  • No less than one (1) year to no more than six (6) years in the Nevada State Prison
  • No less than $2,000 to no more than $5,000 in fines

Nevada Felony DUI Court

In addition to the aforementioned penalties, the State may require the offender to regularly attend a felony DUI court for up to five years. During this time, the offending driver must undertake rigorous counseling and appear in court at pre-determined times to report on his or her rehabilitation progress. Failing to attend a counseling session or court date can result in additional penalties or another outright felony conviction for the offender.

Defenses against Third DUI Charge

DUI defense lawyers make it a point to fully investigate the charges and circumstances of their client’s arrest to spot an inconsistency that can weaken the case against their client. In many cases, defense attorneys will call upon the following:

• The arresting officer had no probable cause to pull the defendant over
• The previous DUI cases were invalid
• The previous Dui convictions were outside the 7-year time frame prescribed by law
• The blood and/or breath tests were conducted improperly
• The technicians who conducted the blood test lacked proper certification
• The defendant has a medical condition that caused the BAC to come out higher than it really was

Plea Options

As stated in Nevada law, the accused has the right to enter any one of three pleas: ‘guilty’, ‘not guilty’, or ‘no contest’.  Entering a ‘guilty’ plea means the accused accepts all the penalties that he or she will receive as part of his third DUI. Entering a ‘not guilty’ plea means that the case may go to trial after several pre-conference hearings. Entering a ‘no-contest’ plea means the accused accepts all penalties, but he or she is not admitting to committing the offense. How the Las Vegas third DUI trial proceeds depends on which plea the offending driver chooses.

Goodman Criminal Defense Attorney for Third DUI Charge

The Clark County’s district attorney’s office in Nevada prosecutes Las Vegas third DWI cases differently. If you have been arrested for a third DUI offense, it is important that you seek for expert consultation. Third DWI is a serious case, it could have a major impact not only on your freedom, but also on your employment, car insurance, and properties.

Contact a Las Vegas DUI defense attorney for defense possibilities that may apply to your case!

Learn more about the first DUI offense and the second DUI offense.

*Last Updated June 15, 2016.