When someone is arrested for driving under the influence, one of the most common questions is “is a DUI a felony?” The answer in Nevada depends on prior convictions, the harm caused, and other factors. If facing these charges, it’s crucial to reach out to a dui attorney near me who understands how Nevada law treats DUI offenses.
When Does a DUI Become a Felony in Nevada?
Nevada law draws a line between misdemeanor and felony DUI based on a few clear criteria:
- A third DUI within seven years is automatically a Category B felony.
- Any prior felony DUI conviction means subsequent DUIs are treated as felonies.
- A DUI that causes substantial bodily harm or death is elevated to felony status, even if it’s a first offense.
Types & Penalties of Felony DUI Offenses
Felony DUIs in Nevada are serious and carry harsh consequences. Here are some of the main types and what one might face:
Third DUI Within Seven Years
- Penalized as a Category B felony.
- Prison term of 1 to 6 years.
- Fines ranging $2,000 to $5,000.
- Driver’s license revocation for at least three years.
- Possible ignition interlock device (IID), substance abuse evaluation and other conditions.
Felony DUI with Injury or Death
- If someone is injured or killed because of the DUI, the offense becomes a felony under specific statutes (e.g. NRS 484C.430).
- Penalties can be 2 to 20 years in prison.
- Significant fines, up to $5,000.
- License revocation – often 3 years or more.
Subsequent DUI After Felony DUI
- Once there is a felony DUI on record, any future DUI is also a felony, regardless of how much time has passed or even if the new DUI doesn’t result in harm.
- Penalties increase – possibly 2 to 15 years in prison.
How a DUI Attorney Near Me Can Help
Facing potential felony charges means the stakes are high. A good dui attorney near me provides:
- Assessment of whether past DUI convictions trigger felony status.
- Defense options: challenging evidence (BAC tests, sobriety tests), negotiating plea deals, or working for mitigation.
- Guidance on long‑term impacts: criminal record, immigration consequences, employment, licensing.
- Support through court process, hearings, sentencing, and post‑conviction issues (like license reinstatement).
What to Do If You’re Charged & Worried
- Don’t wait — find a qualified DUI attorney near me quickly to review the charges.
- Gather any documents about previous DUI charges, medical or collision reports if there was harm/injury.
- Stay informed: know the statute numbers involved (e.g., NRS 484C.410, 484C.430).
- Consider whether treatment or rehabilitation programs or special DUI courts might be options in your case.
Is a DUI a Felony? Key Takeaways
- Not every DUI in Nevada is a felony — many are misdemeanors. But certain histories (repeat offenses), or harm (injury or death), will turn a DUI into a felony.
- Being charged with a felony DUI has serious, life‑long consequences: prison, permanent record, longer license revocations, higher fines.
- A dui attorney near me provides essential help in navigating these distinctions, mounting a defense, and working to reduce the impact of charges.
→ Need help with a DUI charge? Contact our DUI Attorney today for experienced defense in Nevada.