Being arrested for driving under the influence (DUI) can wreak havoc on almost every part of your life. Your life, ability to drive, and job can be seriously damaged in a matter of minutes. Additionally, depending on the circumstances, you may also be facing the devastation of a prison sentence.
Although the terms jail and prison are often used interchangeably, being sentenced to time in jail is not as severe as a prison sentence. Incarceration in jail usually refers to shorter-term sentencing for lesser offenses or those awaiting trial. Further, counties or cities operate jails. Prison sentences are for those convicted of more serious crimes which are usually felonies and involve longer terms. Unlike jails, prisons are managed by the state or federal government. There are different categories of felonies in Nevada which can impose different punishment (prison sentence) ranges depending on the DUI offense.
Drivers who have been arrested for a first DUI are not likely to be at risk for going to prison. First-time offenders are typically charged with a misdemeanor which could involve a few days in jail, a fine, and other civil penalties. Second-time offenders who are charged within seven years of their first DUI could spend time in jail or on residential confinement in addition to paying more substantial fines and having other civil penalties. However, a driver who gets a third DUI within the same time frame can be convicted of a felony punishable with prison time. Additionally, if the driver has had a prior felony DUI conviction, he or she will be charged with a felony and face prison time for subsequent DUIs.
Any DUI which involves a death or serious injury to another person can result in felony charges for the accused. Additionally, having a child under age 15 in the car is an enhancing offense, meaning that whatever the punishment, it can be harsher for drivers who have children with them at the time of their offense.
If you have been charged with felony DUI, it is critical that you consult with an experienced DUI attorney right away. At the Law Office of Darren Weiss, we have experience with felony DUI cases and have the advice and guidance you need. Contact us today to schedule your consultation.