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Felony DUI Charges – DUI Defense Lawyer of Goodman Criminal Defense Attorney

While the first and second DUI convictions are misdemeanors, the third DUI in Las Vegas is considered as a felony, as well as any subsequent ones (NRS 484C.400). In this case, under the Nevada Revised Statutes, the defendant will be charged with a Category B Felony. The prosecutor will most likely bring felony DUI charges that potentially carry years in prison and hefty fines. Seeking an experienced Las Vegas felony DUI defense attorney can help either to dismiss the charges or lessen them to minor charges against you.

DUI Felony Offenses

  • Felony DUI since the 3rd offense within 7 years.
  • Felony DUI caused serious injury.
  • DUI caused a person’s death.
  • Fleeing the scene of the crime resulting to damage of property
  • Hit-and-run resulting to death/injury

3rd DUI offense Penalties

A 3rd DUI conviction within 7 years of the first one is a Category B Felony (NRS 484C.400).

  • Prison term for 1 to 6 years.
  • $2,000 to $5,000 fine.
  • Victim Impact Panel
  • Installation of Breath Interlock Device in your car for 1 to 3 years after your release (NRS 484C.460)
  • 3-year driver’s license suspension or revocation, 5-day registration suspension
  • $35 civil penalty fee (NRS 484C.500)
  • Alcohol and drug evaluation

Penalties for DUI Causing Injury

DUI causing injury is a Category B felony (NRS 484C.430).

  • Prison term of 2 to 20 years.
  • Fines from $2,000 to $5,000.

Death-Causing-DUI Penalties

If the defendant is accused of DUI with death and has 3 previous convictions in Las Vegas, the prosecutor will change the charges to Category A Felony of vehicular homicide (NRS 484C.440). 

  • Imprisonment for 25 years or life sentence
  • Chance of parole after 10 years.

Leaving the Scene Resulting to Damage of Property Penalties

Drivers who tend to leave the scene of the crime to weaken the case against them will get nowhere but commit a Felony DUI charge. Penalties will depend on the severity of damage and/or the number of people injured or killed (484E.010).

Collision resulting to damage of property will be penalized with:

  • 6 months of imprisonment; and/or
  • Maximum fine of $1,000
  • 6 demerit points to offending driver’s license

Penalties for Hit-and-Run involving Death/Injury

Heftier penalties comes with collision resulting to death or injury, including:

  • 2 to 20 years of imprisonment with no probation
  • No less than $2,000 and no more than $5,000 fines
  • Possible license revocation and suspension, depending on the number of injuries and deaths during the incident (484E.010)

Felony DUI Defenses

With the evidence and facts of your case, Attorney Ross C. Goodman, Esq. can convince the prosecutor that the case should be dismissed or lessened to minor charges. The following are few points that can help with your DUI case:

  • Lack of probable cause;
  • Defective equipment;
  • Inaccurate readings;
  • Police misconduct;
  • No causation.

Felony DUI Plea Bargaining

Ross C. Goodman, Esq. can investigate all the necessary evidences to help you with your Las Vegas DUI felony charges and keep you out of jail. There is a possibility to have the prosecutor reduce the DUI charge to misdemeanor, and you will face less drunk-driving penalties such as:

  • Up to 6-months in jail (the sentence is usually suspended)
  • DUI School or DUI Court.
  • Fines up to $1,000 plus court costs.
  • Victim Impact Panel (MADD lecture) (NRS 484C.530)
  • Option to enroll in felony DUI court (Serious Offenders Program Las Vegas) (NRS 484C.320)
  • Suspension of driver’s license up to 1 year.
  • $35 civil penalty fee (NRS 484C.500)

Drunk driving charges are often complex and the aspect of DUI conviction can be very harsh. However, the most inconvenient aspect of DUI convictions in Las Vegas is the collateral consequences: a criminal record that can come up on every background check, expensive car insurance premiums, and a tainted driving record. Getting help from an experienced DUI defense lawyer in Las Vegas as soon as possible can help you with the complexities of court proceedings.

References:

https://www.leg.state.nv.us/NRS/NRS-484C.html#NRS484CSec440