Third DUI

Third DUI Offense in Seven Years in Nevada

A third DUI in seven years in Las Vegas is a very serious offense that could bring long jail times, expensive fines, and lots of other administrative requirements to fulfill. A third DUI offense is a felony, and like any felony, your future ability to get employed, and your civil rights to own a gun and vote, are at stake if you are convicted.

If you have been arrested for a third DUI, contact Las Vegas DUI defense lawyer at LV Criminal Defense as soon as possible to begin your defense. Nick Wooldrisge will put up a fight on your behalf to get the fairest sentence possible, or even to get you acquitted of the charges.

It may be tempting to listen to the advice of law enforcement or the prosecutor, but these people have different interests than you do. They benefit from your conviction, and you don’t. This is why you need a criminal lawyer if you have been arrested for a third DUI in Las Vegas or throughout Nevada.

What is the penalty for a third DUI in Nevada?

If  you are arrested for driving under the influence and you already have two prior DUI convictions, the penalties can include:

• 1 to 6 years in a Nevada prison;
• Fines ranging from $2,085 to $5,085 including court costs;
• Loss of driving privileges for up to three years after your prison sentence is served;
• Participation in alcohol or drug treatment program;
• Attending a Victim Impact Panel at your expense; and
• $35 administrative fee payable to the Nevada Department of Motor Vehicles.

There is a possibility of getting your license back 1 year after you are released from custody in certain circumstances, and having a criminal defense lawyer is the best way to ensure that this happens. That way, you can get back to work and on your feet again sooner after prison.

Once you get your driving privileges reinstated, you have to meet the following requirements:

• Required use of a Breath Interlock Device for 12 to 36 months after release from prison; and
• Show proof of SR-22 insurance, even if you do not own a car.

As you can see, the penalties for a third DUI may follow you long after you serve your prison sentence.

A third DUI conviction is a Category B felony, and probation is not available.

Nevada law does not allow judges  to give probation for certain crimes, including a third DUI offense. This means that your best hope to spend less time in prison is to get the minimum prison sentence provided in the statute. Your qualified Nevada DUI lawyer can help you achieve this, so you can get back to your life sooner rather than later after a DUI.

Blood Alcohol Testing for a Third DUI offense in Las Vegas

Like a second DUI offense , if you are stopped on suspicion of drunk driving, the officer will make the decision whether to give you a blood test or breath test to check your blood alcohol level. In most cases, law enforcement officers will choose for your to submit to a blood test.

Defenses to a Third DUI Offense

When you are charged with a third DUI defense, you should work hard to fight the conviction because of the serious penalties you face. There are a number of approaches to try to avoid being found guilty. With the help of a Las Vegas criminal defense lawyer, you can:
Try to get evidence of intoxication suppressed if your Fourth Amendment rights were violated by an illegal traffic stop or a test of your BAC without probable cause. No evidence means a prosecutor can’t prove guilt beyond a reasonable doubt.
Raise doubts about the accuracy of blood alcohol content testing. There may have been problems in the chain of custody, how evidence was handled, or the training of the law enforcement officer who conducted the test.
Assert affirmative defenses like necessity (you had to drive intoxicated due to a serious threat to your safety); sleep driving (you were under the influence of Ambien or otherwise in a somnambulant state); or rising BAC defense (your BAC went up between the time you were driving and time you were tested.

The right defense will vary based on the circumstances of your arrest. You may try to get charges dropped, avoid conviction in trial, or negotiate a plea agreement in response to a third DUI charge.

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