Every arrest for driving under the influence (DUI) results in criminal charges that need to be taken seriously, but the penalties become much more severe when an alleged offender is charged with this crime for the third time. While the first two DUIs are usually misdemeanors (so long as the incidents did not involve the death or substantial bodily harm to third parties), a third drunk driving arrest is a felony offense in Nevada.
The elevated nature of this classification can have extraordinary long-term consequences for alleged offenders in addition to the always present possibility of immediate imprisonment and significant fines. Convicted felons can experience numerous difficulties in regards to employment, housing, and many other areas for the remainder of their lives because of these criminal records.
If you were recently charged with drunk driving for the third time in Clark County, The Law Offices of Jeffrey Jaeger will work tirelessly to achieve the best possible outcome to your case. As the co-author of the Courtroom Handbook of Nevada Evidence that is used by judges and attorneys throughout the Silver State, Jeffrey Jaeger has a profound understanding of the standards that need to be met for key evidence such as blood alcohol concentration (BAC) test results in these types of cases.
Our Clark County third DUI attorney fights to protect the rights of clients all over the greater Las Vegas area, including Henderson and North Las Vegas. Call (702) 816-3888 right now to set up a free initial consultation that will allow Jeffrey Jaeger to review your case and help you understand all of your legal options.
Motorists in Nevada are prohibited under Nevada Revised Statute § 484C.110 from driving or being in actual physical control of a vehicle on a highway or publicly accessible premises when they are under the influence of intoxicating liquor or has a blood alcohol concentration (BAC) of 0.08 or more. The phrase “actual physical control” means that alleged offenders may be charged with this crime even when they are not in the act of driving, such as when they are holding the keys while entering automobiles or sitting in motor vehicles.
If an alleged offender is convicted of this crime for the third time in seven years, the sentence may include the following punishments:
Additionally, administrative penalties in these cases typically include an alleged offender having his or her driver’s license suspended for a minimum of three years. However, people may be eligible for restricted driver's licenses after one year of revocation if they can provide proof that ignition interlock devices have been installed on their vehicles and they have obtained SR-22 insurance.
Much like all felony DUI offenders, people charged with their third drunk driving crimes are not eligible for probation. However, alleged offenders in these cases may be able to apply to participate in a felony DUI court known in Clark County as the “Serious Offender Program.”
This program is an alternative to incarceration, but it places very rigorous demands on its participants. In addition to completing the treatment program previously mentioned, a person may also have to agree to the following conditions:
Participation in the Serious Offender Program involves alleged offenders being responsible for paying several thousands of dollars in various fees. Additionally, certain violations of the program’s terms, such as a failed drug or alcohol test, may be punishable by two weeks in jail. An alleged offender who does not successfully complete the program will be ordered to complete their original felony sentence in state prison.
Just because a person has been arrested for his or her third drunk driving offense does not mean a conviction is automatic. While prosecutors will relentlessly pursue maximum punishments, Jeffrey Jaeger’s knowledge of evidentiary procedures allows him to fully investigate these cases and possibly present numerous challenges against the prosecution’s case.
Some of the possible defenses he may be able to raise could include, but are not limited to:
Have you been arrested for drunk driving in Nevada for the third time? You should not delay in seeking the help of Jeffrey Jaeger.
Whether you were arrested on the Vegas Strip, in Henderson, or in any other part of the Las Vegas area, The Law Offices of Jeffrey Jaeger will aggressively push to have the criminal charges reduced or dismissed. Las Vegas third DUI attorney Jeffrey Jaeger can review your case as soon as you call (702) 816-3888 for a free, confidential 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.