Nevada Felony DUI Law—Goodman Criminal Defense Attorney

DUI in Las Vegas—and Nevada in general—often falls under misdemeanor cases. However, like any other crime recognized in law, committing the same crime repeatedly, even if the previous instances did not result in a conviction, can lead to a person being charged with a felony DUI.

Felony DUI cases in Las Vegas are considered a point of serious concern because of the high volume of traffic that the city receives. Learn some of the important pointers about Las Vegas felony DUI to help you avoid, or deal with such charges.

What Counts as Felony DUI in Las Vegas

In Las Vegas, a DUI charge is elevated to a felony if it falls under any, all, or a combination of the following scenarios:

1. The accused had been convicted on two prior DUI charges within the past seven years
2. The accused had already served time for a prior DUI conviction
3. The alleged crime resulted in injury or death of another party
4. Injury or death occurred and three prior DUI convictions were already incurred by the accused

Note that the prior convictions need not be limited to Las Vegas or Nevada; even a prior DUI conviction in any other US state can count towards elevating a Las vegas DUI charge to a felony DUI.

How is Felony DUI Penalized in Las Vegas

Felony convictions automatically receive severe penalties in Las Vegas, with four grades from Category D to Category A. In the case of a Las Vegas felony DUI charge, however, the minimum level is Category B. Note that a Category B conviction will be different depending on whether or not physical harm or death was inflicted on another party, but both still lead to the same Category A felony penalties.

For a regular Category B DUI felony (caused by consecutive convictions), the penalties include

– Minimum of one year to a maximum of six years of prison time in a state penitentiary

– Between $2,000 and $5,000 in fines (does not include additional fees that may be demanded by the courts)

– Attending a Victim Impact Panel for repeat offenders

– Revocation of driver’s license for a maximum of three years

– Installation and usage of a brake interlock device for a period between one and three years

– Regular reporting for alcohol and drug evaluation

– Alternatively, attending a DUI court to avoid time in prison (limited to eligible individuals)

For a Category B felony involving injury or death

– Minimum of two years to a maximum of 15 years of prison time in a state penitentiary

– Between $2,000 and $5,000 in fines (does not include additional fees that may be demanded by the courts)

– Attending a Victim Impact Panel for repeat offenders

– Revocation of driver’s license for a maximum of three years

– Installation and usage of a brake interlock device for a period between one and three years

– Regular reporting for alcohol and drug evaluation

For a Category A DUI felony conviction

– 25 to life incarceration

– Victim Impact Panel

– Revocation of driver’s license for a maximum of three years

– Installation and usage of a brake interlock device for a period between one and three years

Parole may be requested after ten years as long as the convicted displays commendable attitude while in prison.

Remember that having a minor in the car during the alleged act of felony DUI can be an aggravating factor that can increase the chances of an increased penalty for the accused.

The Department for Motor Vehicles has the right to suspend an accused person’s license even if his/her felony DUI charges were dropped. Keep this in mind if ever you are facing any DUI case in Las Vegas.

Dealing with a Las Vegas Felony DUI Charge

Felony DUI charges are severe cases that need immediate action, lest the accused suffers sever repercussions in their personal life long after the case has been dealt with. The accused can choose to refute and prove that the case was made in error and seek an acquittal, or they can seek to negotiate a reduction in severity to a misdemeanor so that the fallout will not be as severe.

Las Vegas defense lawyers will always seek out an acquittal as much as possible. To do that, several factors are often cited:

– There is a lack of probable cause in the arrest and felony DUI charge

– There was an error in the administering of the field sobriety test

-The breathalyzer and/or blood tests were mishandled or the testing devices were broken

– The high blood alcohol content was due to a medical condition

In the event that a conviction is inevitable, the defense will seek to reduce the DUI charge to a misdemeanor to avoid the more severe penalties. It can be handled after the case via the DUI Court, although that is often a last resort. Most lawyers will seek a way to reduce the charge before the verdict is handed. Often, DUI lawyers will ask the prosecution to present records of previous DUI convictions, while the defense itself seeks out their own set of records that prove that no previous conviction ever took place.

Note that reducing a felony DUI conviction into a misdemeanor case also allows a defendant to request that his or her records be sealed by the courts. Records sealing will be needed if he or she seeks a stable form of employment after the case.

Contact Goodman Criminal Defense Attorney for Felony DUI Cases

Goodman Criminal Defense Attorney is one of the leading defense firms when it comes to felony DUI cases in Las Vegas. With over two decades of experience in criminal defense, Goodman Criminal Defense Attorney will ensure that your case is handled professionally and efficiently, leading to a successful acquittal or charge reduction.

Get in touch with Goodman Criminal Defense Attorney today and let him help you with your Las Vegas felony DUI case.