DUI Attorney - Second DUI Within Seven Years
In Nevada, the statutory scheme provides for harsh minimum mandatory punishments for each subsequent DUI conviction. In Nevada, this time period has been set at seven years. This means that if a DUI arrest occurs within seven years of a prior DUI conviction, the individual if convicted of the second DUI faces harsher penalties.
Penalties For Second DUI Offense
The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past seven years. The seven-year period is calculated from the prior arrest date to the current arrest date.
Nevada law provides that when an individual enters a guilty or "no-contest" plea, the court must impose the following punishments:
1. Jail: For a second DUI, the court must impose between 10 days to a maximum of six months in jail. Alternatively, the court can impose residential confinement in an alcohol or drug treatment center in lieu of any jail time if that confinement involves monitoring 24/7 and runs for the same period of time as any jail sentence that must be imposed. Any person who is convicted of a second or subsequent offense within seven years must be confined for at least one segment of not less than 48 consecutive hours.
2. Assessments and Fines: For a second DUI, the court must impose assessments and fines that total a minimum of $750 up to a maximum of $1,000 plus court costs. In certain cases, the court may order you to perform additional community service in lieu of paying the fine. However, the court will not waive the court costs.
3. Suspension of Driving Privileges: A second DUI conviction requires the DMV to impose a one year driver's license suspension.
4. DUI School: After a second DUI conviction within seven years, the court must impose a requirement that you complete DUI school.
Penalties For BAC Over .18 Percent
If your second DUI conviction within seven years involves a breath or blood alcohol reading that was .18 percent or higher, then the court will impose:
1. A DUI Assessment Program that requires a $100 fee
2. The Victim Impact Panel that requires a $40 fee
3. The court may require you to pay for installation and maintenance of the ignition interlock devices on your vehicle for 12 to 36 months
4. Even if your BAC is less than .18 percent, the court may impose an ignition interlock device for three to six months
5. Extensive counseling to address drug and alcohol problems
Mr. Heshmati's goal is always to get the best possible outcome for all his clients with the facts presented to him by them, even with his clients facing the second DUI, which not only brings with it jail time but also gets them one step closer to obtaining a third offense.
It should also be kept in mind that an offense in another state can come back to haunt you because those convictions count. To help lessen the likelihood of this occurring, the court may order an interlocking device to be installed on your car to prevent you from driving the vehicle.
It is important to call your attorney today to get working on your case although your court date may be months away. Moreover, if you already have your driver's license suspended you will want to consult with an attorney for information on the earliest possible time you can get it back. By calling attorney Parviz Heshmati, he can request an administrative hearing to challenge the loss of your driver's license.
Even if you are not found guilty there are some inconveniences to consider such as a reinstatement fee for your license. The necessity of carrying an SR-22 insurance could be imposed on you. Many other consequences can result and you should consult with an attorney today.
Time Is Ticking Away 4-3-2-1-0
The more time that goes by in a criminal case without protection from a qualified DUI attorney, the harder it may be to secure the best possible results. Don't wait. Contact us today at 702-432-1000. We offer free consultations. Hablamos español.