Law Office Of Darren Weiss, PLLC.

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(702) 829-7222

Law Office Of Darren Weiss, PLLC.

first or second offense for driving under the influence within seven years will be charged as a misdemeanor.  A third offense within seven years is a category B felony. It will also be charged as a felony if someone suffers substantial bodily injury or is killed, or if you have previously been convicted of a felony DUI (the once a felony always a felony rule).  In other words once you have been convicted of a felony DUI the “within seven years” rule will no longer apply.

The sentence for a third DUI offense

The sentence for a third offense DUI will include fines between $2,000 and $5,000, and a non probationable prison term of 1 to 6 years, a breath interlock device installed for 1 to 3 years after prison release, DUI SchoolVictim Impact Panel and a drug and/or alcohol evaluation. The driver’s license will be suspended or revoked for 3 years.  A restricted license may be available after 1 year.

Other penalties

A DUI following a prior felony DUI will result in 2 to 15 years in prison, fines from $2,000 to $5,000 and a breath interlock device to be allowed to drive again.

If the DUI cause death or serious injury to another person, the prison term could be up to 20 years. The fines remain the same and a breath interlock device would also be installed.

If the suspect causing a death already has three prior DUIs, the charge will change to Category A Felony; Vehicular Homicide. The penalties are 25 years to life in prison.

How a DUI Attorney can help

Your DUI attorney can use one or several legal defenses to mitigate the consequences or convince the prosecutor to lessen your charges or even dismiss the case altogether. For example, one defense is lack of probable cause.  A police officer isn’t permitted to pull someone over just because they have a hunch.  There must be a specific reason (probable cause), to make the stop. The attorney will also look at the possibility of defective equipment, inaccurate readings, statutory or constitutional violations and other misconduct.

Under the right circumstances an experienced attorney may even be able to guide you into a diversionary program which is extensive but upon successful completion can result in the reduction of the charges.

If the prosecutor reduces your charge to a misdemeanor, your penalties will be lessened to the following: DUI school, up to $1000 in fines, up to 6 months in jail, Victim impact panel and a suspension of your license of up to 1 year.

Other life changing consequences of a felony conviction are:
  • Inability to legally purchase or own firearms in any state
  • Loss of voting privileges
  • Substantially increased insurance rates, or uninsurability
  • A criminal record, which might make it hard to find employment or rent a house/apartment.

Please contact our office at (702) 829-7222 so that we can work together on your charges.

Attorney Darren Weiss

Call Now For A Consultation
(702) 829-7222

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