Driving under the influence is a serious charge in Nevada. In any instance where the State of Nevada brings a third offense DUI charge against you, it’s imperative to prepare an adequate defense. The penalties for driving under the influence vary depending on whether you’ve been charged for previously driving while intoxicated. If you have been convicted twice in the past seven years, from your first DUI arrest, you can be charged with a thirs DUI. Your case is charged as a Class B felony, which means that there is a non-probational offense.
DUI Defense Attorney for a Third DUI in Las Vegas
Fortunately, with every criminal charge in Nevada, you are innocent until proven guilty. It is the state’s job to prove that you are guilty beyond any reasonable doubt. If the evidence is insufficient, inconsistent, or inaccurate, there may be a chance at arguing reasonable doubt and having your case dismissed, denied, or reduced.
A third offense DUI is a serious charge, and as such, you need a third offense DUI attorney to assist. Your lawyer needs to be aggressive and experienced to fight the charges. Ralph Schwartz is a qualified and experienced third offense DUI attorney in Las Vegas.
Elements of a Third Offense DUI
For the State of Nevada to prove that you are guilty of driving under the influence in a third offense, it must prove some of the following elements.
- You were impacted by drugs or alcohol while driving.
- Your blood or breath alcohol (after taking a test) was 0.08 or higher at the time of driving.
- Your alcohol content was 0.08 or higher within two hours of driving.
- Your blood had a higher than allowed amount of prescription drugs.
- This was your third DUI offense.
How Can You Attack 3rd Offense DUI Charges?
Due to the serious nature of a third offense DUI charge in Las Vegas, you need to fight the charges aggressively. There are several ways to attack the problem.
- You can argue that the first two DUI charges were not valid.
- You can check if the first two DUI convictions are outside the seven years. Remember, the seven years are counted from the date of your first DUI conviction in Las Vegas.
- You can argue that the latest arrest (the third DUI arrest) was not valid.
- The arresting officers failed to perform the field sobriety test correctly. When a law enforcement officer stops you, they may ask you to perform this test. Taking a field sobriety test is optional.
- However, if you refuse to take a field sobriety test, the law enforcement officer may take your refusal as probable cause and submit you for blood or breath testing. In this case, you can argue that your blood testing was not properly done.
- Your 3rd offense DUI lawyer in Las Vegas can also choose to fight the third DUI charge under negotiations or apply to a Felony DUI Felony Program to undergo rehabilitation for three to five years. If you complete your program, the court dissolves your charges as a misdemeanor, and you can avoid a permanent offense record.
There are several ways to fight a third offense DUI charge, but you should have a third offense DUI attorney in Las Vegas to defend you. Attorney Ralph Schwartz handles third offense DUI cases and has extensive experience handling first and second DUI offenses in Las Vegas, Nevada.
What Happens When You Are Convicted With a Third DUI Offense in Las Vegas?
In Nevada, a third DUI charge is a felony, which means that you should serve a prison sentence. You can read more about the elements of your charge in the Nevada Revised Statute (NRS) Driving Under the Influence – Third Offense – NRS 484C.010.
Under Nevada law, if you enter a guilty plea or do not contest your third DUI offense, the court must impose DUI penalties. These include the following:
Jail or Prison Sentence: A third DUI offense is a felony that attracts a sentence of one to six years in the Nevada State Prison System.
Fines: If you are convicted of a third DUI charge, the courts can fine you at least $2,000 to $5,000 and add court costs.
Administrative License Suspension: After a DUI arrest in the State of Nevada, you should request an administrative hearing at the DMV to protect your license. If you fail at the hearing, the DMV revokes your driving license for three years because your offenses are punishable as a felony. The NRS 483.4601(1)(a)(2) provides for this suspension.
Court-imposed Suspension of Driving Privileges: The court may order that your driving license be suspended for three to five years. While there are restricted driver’s licenses, you cannot have one until you serve one year of revocation after you are released from your custody. What’s more, you have to fulfill several requirements before getting a restricted license.
For instance, you have to get an ignition interlock device (IID), a breathalyzer requiring that you take a breath test before you can start a vehicle. You also have to obtain SR-22 insurance for your vehicle.
Alcohol Treatment Program: The courts may require you to pay for and undergo an alcohol treatment program approved by the Health Department of Nevada for three years.
Ralph Schwartz 3rd Offense DUI Attorney in Las Vegas
Having two prior DUI charges complicates your third offense. If you are convicted, you must go to prison and have a permanent sentencing record. You will also struggle to regain your license after serving your prison sentence.
A knowledgeable and experienced third offense DUI lawyer in Las Vegas can prepare an excellent defense to dismiss your case or get you into the Felony DUI Court Program, which prevents a felony record and a prison sentence.
If you’ve been arrested for a third offense DUI charge, contact Ralph Schwartz to discuss your options for third offense DUI representation in the Las Vegas area. Attorney Schwartz has extensive experience handling DUI charges in Nevada and is ready to help you with your charges.