Nevada Driving Under the Influence (DUI) - Second Offense
Nevada DUI Second Offense Defense Lawyer
In Nevada, each DUI conviction within a seven (7) year period is “enhanceable” - - meaning that the punishments and penalties for each new conviction become progressively worse. There are mandatory minimum punishments for a first offense, which is a misdemeanor. A second offense, although still a misdemeanor, has more severe punishments required by law, both in terms of jail time and revocation of driving privileges.
Nevada Revised Statute (NRS) Driving under the Influence (Second Offense) is controlled by Nevada DUI law NRS 484C.010
1) Definition of the Crime and Essential Elements
Driving Under the Influence Second Offense
In order for the prosecution to prove a person is guilty of the crime of driving under the influence, second offense, the following elements must be proven beyond a reasonable doubt:
1) The defendant’s driving was impaired (to any degree) by drugs or alcohol, OR
2) The defendant’s blood or breath alcohol content was .08 or higher at the time of driving, OR
3) The defendant’s blood alcohol content was .08 or higher within two (2) hours of driving, OR
4) The defendant’s blood had more than the maximum amount allowed of various illegal prescription drugs, AND
5) That the Defendant has a previous conviction for DUI within the last seven (7) years.
2) Related Offenses
Other similar or related offenses include:
2. Driving Under the Influence – Third Offense (Felony) – NRS 484C.010
3. Boating Under the Influence – (Misdemeanor) - NRS 400.450
4. Reckless Driving – (Misdemeanor) - NRS 205.240
5. Driving Under the Influence Causing Injury or Death – (Felony) -NRS 484C.430
Q had been attending a networking function in downtown Las Vegas. Over the course of a few hours he had a couple beers and two (2) mixed drinks. After thinking briefly about taking a cab, Q decided he was ok to drive. During his drive home, he rolled through a stop sign a ½ mile from his house. Q was pulled over by a Henderson Police Officer who was on Patrol. The police officer asked Q to conduct field sobriety tests, which, according to the officer, Q failed. Q was arrested and transported to the Henderson detention center, where he was requested to submit to a chemical breath test. Q’s test result on the breath test machine showed he was a .12 BrAC. When running Q through the system, the Henderson police officer determined that Q had been convicted of a DUI in the Las Vegas Municipal Court five (5) years ago. Q was then arrested and booked for one (1) count of DUI – Second Offense (DUI with priors).
4) Defenses to Driving Under the Influence, Second Offense
Being arrested for a DUI is a scary time for anyone. This fear is compounded when someone has a previous conviction. However, just because someone is arrested and the State or City files a charge, does NOT mean that person will ultimately be convicted. There are numerous defenses to a DUI charge, even if it is a second offense. Defenses and fact specific issues in Driving Under the Influence cases can be raised which result in a charge being reduced or dismissed altogether. These same defenses can be raised at Trial and lead to a not guilty verdict.
A knowledgeable Las Vegas DUI Attorney can identify issues with a case, such as faulty blood draw procedures or malfunctions with a breath test machine. With experience, a DUI Lawyer in Las Vegas can identify issues with how a police officer conducted a stop, investigation and arrest, whether it be in the probable cause for the vehicle stop or the manner in which a field sobriety test was conducted.
These are just a few of the examples if potential defenses that can be identified and used to win a DUI case. Each and every DUI arrest and prosecution are different and the best defense in each case is just as unique. It is critical that someone accused of a DUI charge in Las Vegas hire an experienced Las Vegas Criminal Defense attorney who can review the facts and applicable law in that unique case.
5) Potential Penalty for Driving Under the Influence, Second Offense
A second offense driving under the influence conviction is an enhanced misdemeanor. Once convicted, the person accused faces a mandatory minimum of ten (10) days to six (6) months in jail and a fine of up to $1,000.00 plus Court costs. There are additional classes and requirements for a second offense DUI conviction, such as a DUI School and Victim Impact Panel (VIP). Unlike a first offense, a second offense DUI requires a driver’s license revocation for a full year.
6) Criminal Defense for Driving Under the Influence, Second Offense
Driving under the influence is one of the most prevalent criminal charges in Las Vegas and throughout the State of Nevada. Many times, individuals can find themselves in this situation for a second time, leading to this enhanced charge. Because this is a serious charge it is important to start building a defense right away. This is even more important when you consider that a third offense becomes a Felony with mandatory prison time as a consequence. The best way to avoid the serious repercussions of this situation is to contact a top rated Las Vegas DUI Attorney to discuss your rights and your case.
For more information about the charge and defense of driving under the influence, first offense, in Las Vegas, call the law firm of Hofland & Tomsheckright away to schedule your free consultation. (702) 895-6760.