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Defending Against a Second DUI Charge in Nevada
A second DUI arrest within seven years in Nevada brings severe consequences. But skilled legal help can make a difference. Contact our firm for a free case evaluation now.
How a Second DUI is Treated in Nevada
A second DUI offense in Nevada within seven years of a prior conviction is charged as a category B felony. This exposes you to:
- 1 to 6 years in Nevada state prison
- Fines up to $5,000
- 1-year license revocation
- Vehicle immobilization
- Extended interlock device requirement
A second DUI also leads to another eight demerit points added to your driver’s license record. This results in sky-high car insurance rates.
Defending against a second DUI is challenging but possible with an experienced lawyer. Strategies may include:
- Questioning chemical test procedures.
- Disputing traffic stop legality.
- Uncovering report errors.
- Negotiating reduced pleas.
Act Quickly to Protect Your Rights
It’s urgent to retain legal counsel immediately after a second DUI arrest. Here’s why:
- Prosecutors often pursue maximum penalties
- Evidence can be lost over time
- Witnesses’ memories fade
- Swift action is needed to avoid license revocation
An attorney can request police reports, gather evidence, analyze the case details, and develop defense strategies quickly.
Pre-trial detention is also more likely with a second DUI, making prompt legal help vital. Don’t wait to get experienced representation on your side.
Why Choose Us for Your Second DUI Defense
The Rosenblum Law Firm has a proven track record defending second DUIs in Nevada.
Our skilled DUI defense attorneys can advocate for you, including:
- In-depth knowledge of DUI laws and penalties
- Tenacious litigation skills in courtrooms
- Compassionate and caring legal guidance
- Urgent response and thorough investigation
- Creative defense and mitigation strategies
- Record of favorable outcomes for clients
Don’t risk your future alone. Put our experienced legal team on your side today.
Call now for a free case evaluation and learn more about how we can aggressively defend your rights after a second DUI arrest.
The stakes are high, but with strong advocates, you have a chance. Fight back!
Motion to Suppress Prior DUI
An attorney may attempt to file a motion to suppress or exclude evidence related to your prior DUI conviction if there were constitutional violations or other problems with that case. If the previous DUI evidence is suppressed, the second offense would be reduced to a misdemeanor first offense.
Plea Bargaining
Plea deals may be negotiated to plead guilty or no contest to reckless driving instead of a DUI charge. This avoids a damaging second DUI conviction. Other possible plea bargains include reduced charges of alcohol-related reckless driving or DUI drugs instead of DUI alcohol.
House Arrest Options
House arrest may be arranged for eligible defendants as an alternative to jail time. This allows maintaining employment while confined at home except for approved activities. Strict monitoring is involved.
Treatment Programs
Completing approved alcohol counseling and rehabilitation programs can show the court efforts to address drinking issues and lead to reduced sentencing. Outpatient and inpatient programs may help mitigate penalties.
Diversion Programs
Some counties offer pre-trial diversion and DUI Court programs for second offenders who qualify. These rigorous programs result in dismissed charges upon completion.
Frequently Asked Questions
What happens if I refuse a chemical test when arrested for a second DUI?
Refusing a blood or breath test triggers an automatic one-year driver’s license revocation as a second offense.
Can I get house arrest instead of jail time for a second DUI?
House arrest is possible but only granted in some instances based on eligibility requirements. Your attorney can request it.
Do I need to attend my second DUI sentencing hearing?
Yes, appearing at your sentencing hearing is mandatory unless your lawyer makes arrangements for a waiver.
What types of plea deals may be possible for a second DUI?
Pleading to reckless driving, DUI drugs instead of DUI alcohol, or alcohol-related reckless driving may be negotiated by your lawyer.
Will my vehicle be confiscated if convicted of a second DUI in Nevada?
Upon conviction, the court will order your vehicle to be immobilized or impounded for some time.
Can I get an occupational driver’s license if convicted of a second DUI?
Only in minimal circumstances for work purposes. Your attorney can guide you on applying for one.
How important is reviewing police reports in a second DUI case?
Extremely important, as errors by police can be used by your lawyer to weaken the prosecution’s case against you.
What happens if I miss my arraignment date for a second DUI?
The judge will likely issue a bench warrant for your arrest for failure to appear.
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 second DUI within seven years is a felony in Nevada.
Suppress – To have evidence excluded from admission at trial because it was illegally obtained and done by filing suppression motions.
Revocation – The termination of a driver’s license by the DMV, requiring re-application in the future. It is more severe than a suspension.
Immobilization – Impoundment or confiscation of a vehicle by court order, such as after a second DUI conviction.
Interlock Device – Breath test device connected to a vehicle’s ignition system 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 points can trigger a suspension.
Diversion Program – Programs that result in dismissal of DUI charges upon completion of alcohol education classes, treatment, community service, or other requirements.
House Arrest – A condition of probation confining a person to their home with electronic monitoring instead of jail time.
Sentencing Mitigation – When the defense presents information like employment and family obligations to the judge to encourage the lightest possible sentence.
Plea Bargain – Negotiated deals between the defense and prosecution involving pleading guilty in exchange for reduced charges or penalties.
Additional Resources for You
Molly Rosenblum, Esq., our esteemed lead attorney, has developed a comprehensive suite of resources to support and educate individuals facing DUI (Driving Under the Influence) charges. These resources offer in-depth information and guidance on various aspects of DUI law, tailored to assist you in understanding the legal landscape and potential consequences. Here are the resources available:
Las Vegas DUI Lawyer: Professional legal services and guidance for individuals facing DUI charges in Las Vegas, ensuring expert representation and defense. Learn more.
DUI Consequences: A detailed overview of the potential legal, personal, and financial repercussions stemming from a DUI conviction. Learn more.
DUI License Suspension: Insight into the procedures and implications of license suspension following a DUI, and how to navigate the aftermath. Learn more.
DUI Plea Bargain: An exploration of plea bargain options in DUI cases, providing a nuanced understanding of when and how to consider such agreements. Learn more.
Drug DUI: Guidance on facing DUI charges specifically related to drug use, including legal strategies and potential outcomes. Learn more.
DUI Defense Strategies: A comprehensive look at various defense strategies that can be employed in DUI cases to protect your rights and minimize consequences. Learn more.
First Time DUI: Specialized information for individuals facing their first DUI charge, outlining what to expect and how to proceed. Learn more.
Marijuana DUI: A targeted resource addressing DUI charges related to marijuana use, discussing the nuances and legal considerations specific to such cases. Learn more.
Nevada DUI Law: An overview of DUI laws specific to Nevada, providing a solid foundation of knowledge on state-specific regulations and penalties. Learn more.
Las Vegas Legal Alcohol Limit: Information about the legal alcohol limit in Las Vegas, crucial for understanding the boundaries and legal standards in DUI cases. Learn more.
These resources, meticulously curated by Molly Rosenblum, Esq., are designed to help you navigate the complexities of DUI charges and proceedings. Whether you are seeking information for yourself or a loved one, these links provide valuable insights and guidance to support you through challenging times.
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A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Reader,
Thank you for reading this helpful information about defending against second DUI charges in Nevada.
Facing a second offense can feel overwhelming and frightening.
Please know we are here to support you and explore all options to limit penalties.
My name is Molly, and I’m one of the compassionate attorneys at The Rosenblum Law Firm.
Our defense attorneys have decades of experience representing clients in your situation and have successfully minimized sentences for second offenses through vigorous defense strategies.
If you have any other questions or would like to discuss the details of your case, please call us at (702) 433-2889 for a free consultation.
We are standing by 24/7 to take your call, thoroughly review your case, answer all your questions, and start building an aggressive defense strategy.
Don’t go through this alone.
Call now to have knowledgeable legal advocates by your side.
With an experienced criminal defense lawyer representing you after a second DUI arrest, you have a chance to mitigate sentences and protect your future.
We’re here when you need us most!
Sincerely,
Molly Rosenblum, Esq.
The Rosenblum Allen Law Firm
