Judges and juries can often be a little more understanding when an alleged offender with no prior criminal record is facing his or her first charge of driving under the influence (DUI). However, this view becomes much more unforgiving when people are arrested for their second drunk driving offenses.
Prosecutors seek to portray alleged offenders facing DUI charges for the second time as very real dangers to the safety of the larger public who need to be punished for their recklessness. A conviction for a second drunk driving offense within a certain amount of time of the first arrest can result in much greater consequences, including a lengthy jail sentence as well as very steep fines.
Were you recently arrested in Nevada for your second drunk driving arrest? It is in your best interest to immediately seek highly skilled legal representation. The Law Offices of Jeffrey Jaeger defends clients facing these charges in Las Vegas, Henderson, North Las Vegas, and surrounding areas of the Silver State.
Clark County second DUI attorney Jeffrey Jaeger literally wrote the book on the use of evidence in Nevada courtrooms, and he can use this knowledge to challenge the admissibility of improperly administered or handled breath or blood tests. You can receive a complete review of your case as soon as you call (702) 816-3888 to schedule a free, confidential consultation.
If a person is charged with driving or being in actual physical control of a vehicle on a highway or publicly accessible premises while he or she is under the influence of intoxicating liquor or has a blood alcohol concentration (BAC) of 0.08 or more, then the consequences of a repeat DUI conviction are much more severe than the first, if the second offense occurred within seven years of the original arrest. If an alleged offender is found guilty or pleads guilty or nolo contendere (no contest), he or she may face one of the following penalties:
The court can also impose one of the following:
In addition to the penalties listed above, a judge may also order an alleged offender to attend a substance abuse treatment program. Failure or refusal to successfully complete a term of either residential confinement or the treatment program can result in the alleged offender being charged with another misdemeanor offense.
Under Nevada Revised Statute § 484C.360, the court can place an alleged offender under the clinical supervision of a treatment facility. The court will either
The court will also require the treatment facility to submit monthly progress reports on the alleged offender’s progress. Any person who is convicted of a second drunk driving offense is personally responsible—to the extent of his or her financial resources—for paying any charges for this treatment.
When an alleged offender is convicted of drunk driving for the second time, his or her driver’s license will be suspended for one year. After an order of revocation has been issued for a DUI arrest, an alleged offender has seven days to request an administrative hearing by the Nevada Department of Motor Vehicles.
This hearing must be conducted within 15 days of the request, or as soon thereafter as is practicable. These hearings are generally limited to addressing three issues:
While alleged offenders charged with their first or even third DUI offenses who have installed ignition interlock devices in their vehicles and obtained SR-22 forms may be eligible to apply for restricted licenses, Nevada state law prohibits restricted licenses for second drunk driving offenses.
If you have been charged with drunk driving for the second time in Nevada, you will want to make sure that you have knowledgeable legal counsel. Jeffrey Jaeger has served as the Director of Litigation Support for the Clark County Public Defender's Office and co-chair of the American Bar Association's Trial Practice and Courtroom Technology Committee.
The Law Offices of Jeffrey Jaeger aggressively defends clients who have been arrested for DUI in the greater Las Vegas area, from Henderson to the Vegas Strip to North Las Vegas. Las Vegas second DUI attorney Jeffrey Jaeger can provide a thorough evaluation of your case when you call (702) 816-3888 to take advantage of a free initial consultation.
Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.