Third Offense DUI (Felony)

The Nevada judicial system treats repeated DUI (driving under the influence) offenses seriously. When you’re arrested for your 3rd DUI offense within the last seven years, you may face a felony conviction that can carry severe penalties. You need an experienced Las Vegas DUI defense attorney who can help you prepare a compelling DUI defense to give you the best chance of securing a dismissal of your charges or an acquittal at trial. Contact Adras & Altig, Attorneys at Law, for a free initial case evaluation to discuss your legal options. 

Why You Need a Criminal Defense Lawyer for a 3rd DUI in Nevada

A criminal defense attorney from Adras & Altig, Attorneys at Law, can provide the legal advocacy and advice you need to protect your rights and future when facing a third or subsequent DUI conviction. Our team will vigorously pursue a favorable resolution to your DUI charges by:

• Independently investigating your case rather than relying solely on evidence turned over by the prosecution
• Reviewing the facts of your case to identify potential defense strategies you can pursue to fight your charges
• Explaining your charges and the potential outcomes of your case to prepare you for what to expect during the prosecution
• Challenging the state’s case at every step, including moving to exclude evidence or dismiss your charges for lack of evidence
• Presenting a compelling defense at trial to demonstrate reasonable doubt to pursue your acquittal

Our firm has helped residents and visitors in Las Vegas fight DUI charges for over a decade by using innovative legal strategies to secure a favorable resolution to their cases.

What Is a 3rd DUI Offense?

Under Nevada law, a person commits a 3rd offense DUI when they receive a third DUI conviction within seven years. The law excludes any time between two DUI offenses during which a defendant serves a term of imprisonment, residential confinement, supervision under a treatment provider, parole, or probation for a DUI offense.

The law defines a DUI offense as a violation of NRS 484C.110, NRS 484C.120, or NRS 484.430, a homicide resulting from driving while under the influence of alcohol or a controlled substance, or a violation of another jurisdiction’s law that prohibits similar conduct under Nevada’s DUI statutes.

A DUI offense qualifies as a prior offense if it resulted in a conviction, set-aside conviction, conditional dismissal, or dismissal in connection with completing a diversionary or specialty court program. 

Penalties for a Felony DUI

A person who commits a third or subsequent DUI offense will face a category B felony charge. Following a conviction, the court can impose penalties that may include:

• One to six years in state prison
• A fine of $2,000 to $5,000
• A requirement to attend an alcohol or substance abuse treatment program if an evaluation determines that the defendant has a treatable alcohol or substance abuse disorder

A third or subsequent DUI conviction carries other consequences, such as an extended period of license revocation and a heavy burden to obtain reinstatement, a requirement to install an ignition interlock device on one’s vehicle, and probation.

Additionally, certain aggravating factors may result in more severe penalties for a third DUI. For example, if a passenger under 15 was in the vehicle when the police pulled you over, you may face additional penalties.

Will I Go to Prison?

A person convicted of a 3rd or subsequent DUI offense must serve a prison term lasting between one and six years. The exact length of an offender’s sentence will depend on the trial court’s evaluation of the sentencing factors, which include the details of the DUI offense, the defendant’s criminal history, personal mitigating factors, and the defendant’s rehabilitative needs.

“Once a Felon, Always a Felon” Rule

Although a person may face a felony charge after committing a third or subsequent DUI offense within seven years, once a person gets convicted of a felony DUI, they will face felony charges under Nevada law for all subsequent DUI offenses no matter how far in the future they occur. Furthermore, felony DUI convictions that occur in other jurisdictions will subject individuals to the “once a felon, always a felon” rule if they commit a DUI offense in Nevada, even if that out-of-jurisdiction felony DUI conviction would have constituted a misdemeanor offense if it occurred in Nevada. 

Potential Defenses in a 3rd Offense DUI Case

A driver facing an alleged third 3rd may have defenses against their charges, depending on the facts of their case. Common defense strategies used in DUI cases include:

• Unlawful Stop or Arrest – A defendant might fight a DUI charge by showing that police lacked reasonable suspicion to stop their vehicle for DUI or another traffic offense or probable cause to arrest them for DUI. When a defendant gets stopped at a DUI checkpoint, they might challenge the validity of the checkpoint by showing that the officers failed to use a neutral, objective method for selecting vehicles to stop (such as stopping every fourth vehicle).
• Faulty Testing – A defendant might get test results excluded from evidence in a DUI case. Common reasons for excluding evidence include an officer lacking training in conducting field sobriety tests, not performing tests on level and dry ground, not following breathalyzer testing protocols, using an uncalibrated breathalyzer, contaminating blood or urine samples, or losing the chain of custody of a sample. Officers conducting testing may also have lapsed certifications, which can adversely affect the validity of the results. 
• Rising Blood Alcohol Concentration – Because alcohol gradually absorbs into the bloodstream, a person’s BAC will continue to rise after they stop drinking. As a result, drivers may have a higher BAC when police test them than when they stop them. As a result, a driver may demonstrate through expert testimony that they had a BAC below the legal limit when the police stopped them. 
• Medical Conditions – Some medical conditions, including acid reflux and diabetes, can affect the validity of breath or blood testing. 
• Lack of Evidence – A defendant may file a motion to dismiss their DUI charge due to insufficient evidence to establish a prima facie case for trial. Defendants can also seek to exclude evidence obtained in violation of their rights, such as when police question someone after an arrest without advising them of their right to remain silent and to legal counsel.  

Can 3rd Offense DUI Charges Be Reduced?

Unfortunately, prosecutors cannot reduce a third DUI charge from a felony to a misdemeanor. The only alternative to avoid a felony charge would involve proving that a prior offense does not qualify as a prior DUI and, therefore, your current charge constitutes a first offense or second offense. 

Contact Our Las Vegas DUI Attorneys for Help

When facing a 3rd DUI offense, get the legal representation you need to pursue a favorable resolution to your charges and protect your rights, reputation, and future. Contact Adras & Altig, Attorneys at Law, today for a free, confidential consultation to discuss your legal options for a 3rd DUI in Las Vegas.