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Defending Against a Third DUI Charge in Nevada
Facing a third DUI arrest and charge in Nevada can feel devastating. However, skilled legal help can still significantly affect the outcome. Contact our firm for urgent assistance.
How a Third DUI is Treated in Nevada
A third DUI offense within seven years in Nevada is prosecuted as a category B felony. This exposes you to some of the harshest DUI penalties possible, including:
- 2 to 15 years in Nevada state prison
- Fines up to $5,000
- 3-year driver’s license revocation
- Vehicle forfeiture
- Mandatory interlock device requirement
A third DUI has eight driver’s license demerit points added to your DMV record. This results in extremely high insurance rates.
The stakes are high. However, an aggressive criminal defense lawyer can still provide options to mitigate penalties. Defenses may focus on chemical test limitations, improper police procedures, technicalities with prior DUIs, and creative sentencing alternatives.
Act Swiftly to Protect Your Rights
Retaining an experienced DUI defense attorney immediately after being arrested or charged with a third DUI is critical. Here’s why:
- Prosecutors typically pursue maximum penalties
- Valuable evidence can be lost over time
- Witnesses’ memories fade, hurting your defense
- Swift action is needed to try to avoid license revocation
Don’t wait to get legal help on your side. An attorney can urgently start assessing your case details, gathering evidence, requesting police reports, and preparing the most robust defense strategy possible.
Pre-trial detention is also very likely with a third offense, making prompt legal representation all the more vital. Take action now!
Why Choose Us For Your Third DUI Defense?
The Rosenblum Law Firm has a proven track record explicitly defending third DUIs in Nevada.
Our experienced DUI defense lawyers can advocate for you, including:
- In-depth knowledge of Nevada DUI laws and penalties
- Tenacious litigation skills, fighting for clients
- Compassionate and caring legal guidance
- Urgent response and thorough investigation
- Creative sentencing alternatives and mitigation strategies
- History of favorable outcomes for past clients
Don’t risk your future alone. Put our legal team with extensive DUI defense experience on your side today.
Call now for a free case review and get answers about how we can aggressively defend your rights after a third DUI.
This is a critical time, but strong advocates make a difference. Fight back!
Motion to Suppress Prior DUIs
An attorney may file motions to suppress evidence of your prior DUI convictions if those cases involved illegal searches, lack of probable cause for arrest, or other constitutional violations. Getting priors tossed can mean less severe sentencing.
Negotiate Reduced Charges
Pleading guilty or no contest to reduced charges like reckless driving, DUI drugs instead of DUI alcohol, or lower-level felonies may be negotiated by your attorney to avoid a third DUI conviction.
House Arrest Options
If eligible based on criminal history, house arrest may be arranged as an alternative to prison time for a third DUI. This allows for maintaining employment with strict monitoring.
Inpatient Treatment
Voluntarily entering residential alcohol treatment programs before sentencing shows a commitment to rehabilitation and can positively influence sentencing outcomes.
Sentencing Mitigation
When advocating for the lightest sentence, the defense presents mitigating info to the judge, such as a need for substance abuse treatment, employment impacts, and family obligations.
Penalty Hearings
Your attorney may request evidentiary hearings to present evidence and expert testimony challenging license revocation periods and other DUI penalties to reduce them.
Frequently Asked Questions
What happens if I miss my arraignment date after a third DUI arrest?
Missing your scheduled arraignment will result in a bench warrant issued for your arrest for failure to appear.
Am I eligible for work release instead of prison for a third DUI?
Work release may be an option, depending on your criminal history. Your attorney can request it from the court.
Can I serve house arrest in another state instead of Nevada?
Out-of-state house arrest is rarely permitted but may be negotiated in limited circumstances based on solid ties elsewhere.
How soon after my arrest should I contact a defense attorney?
Immediately. The sooner an attorney gets involved after arrest, the better to avoid license revocation and begin building your defense.
Are plea bargains still possible with a third DUI charge?
Yes, depending on the circumstances, your attorney may still be able to negotiate plea deals for lesser charges like reckless driving.
Can I get an ignition interlock device instead of a license revocation?
No, the interlock device requirement is mandatory in addition to the multi-year revocation period with a third offense.
What are sentencing mitigation hearings?
Hearings where the defense presents information arguing for the lightest possible sentence and against maximum penalties.
Glossary
DUI – Driving Under the Influence, also called DWI or OWI. Refers to operating a vehicle while impaired.
Felony – A serious crime punishable by more than one year in prison. A third DUI is a felony in Nevada.
Suppress – To exclude evidence because it was illegally obtained and done by filing suppression motions.
Revocation – The DMV terminates a driver’s license, requiring re-application. More severe than a suspension.
Forfeiture – The seizure of property, such as a vehicle, by law enforcement following a conviction.
Interlock Device – Breath testing device connected to a vehicle’s ignition to prevent it from starting if alcohol is detected.
Demerit Points – Points added to a driver’s license following conviction for offenses like DUI. Too many leads to suspension.
House Arrest – A condition of probation confining someone to their home with electronic monitoring instead of jail.
Mitigation – Presenting information to the judge to reduce penalties and encourage the lightest sentence possible.
Plea Bargain – Negotiated deals between the defense and prosecution involving pleading guilty for reduced charges/penalties.
Additional Resources for You
For readers seeking legal assistance or information regarding DUI cases in Las Vegas, our lead attorney, Molly Rosenblum, Esq., has created a comprehensive suite of resources. These resources are designed to guide you through various aspects of DUI law and its consequences in Las Vegas. Here’s a brief overview of each:
Las Vegas DUI Lawyer: An in-depth guide for those facing DUI charges in Las Vegas, offering expert legal advice and representation details. Visit here.
DUI Consequences: This resource outlines the potential consequences and penalties of a DUI conviction. Learn more.
DUI License Suspension: Understand the specifics of how a DUI can impact your driving privileges, including license suspension details. Explore here.
DUI Plea Bargain: Provides information on negotiating plea bargains in DUI cases. Read more.
Drug DUI: A focused look at DUI charges involving drugs, including marijuana and prescription medications. See details.
DUI Defense Strategies: Insight into various strategies that can be employed in DUI defense. Discover strategies.
First Time DUI: Specific information for those facing their first DUI charge. Visit here.
Second Time DUI: Guidance and advice for individuals facing a second DUI charge. Learn more.
Marijuana DUI: Details about DUI cases specifically involving marijuana use. Explore here.
Nevada DUI Law: A resource that covers the specifics of DUI law in the state of Nevada. Read more.
Las Vegas Legal Alcohol Limit: Information about the legal alcohol limit in Las Vegas and its implications. See details.
These resources can be incredibly valuable for understanding the legal landscape of DUI in Las Vegas and Nevada, providing clarity and assistance in these challenging situations.
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A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Reader,
Thank you for taking the time to review these resources. My goal in creating them is to provide you with valuable information during what may be a challenging time.
Please remember that while these resources offer helpful insights, they are no substitute for personalized legal advice. Every situation is unique and deserves careful, personalized attention.
Please reach out for a free consultation. Let’s discuss your situation and explore how we can work together towards the best possible outcome.
Please don’t hesitate to call us at (702) 433-2889. My team and I are ready to assist and guide you through your legal journey.
Thank you again for your time, and I look forward to possibly working with you.
Best regards,
Molly Rosenblum, Esq.
