Arrested or Charged with Felony DUI (NRS 484C.410) in Nevada? What You Need to Know

Driving under the influence is always a serious offense, but in certain circumstances, a DUI can be charged as a felony in Nevada. If you or a loved one has been arrested for felony DUI, you’re probably feeling scared, overwhelmed, and unsure of what the future holds. Take a deep breath. Now is the time to educate yourself on the law and your rights so you can start building the strongest possible defense.

As experienced Las Vegas DUI attorneys, we’ve helped countless clients navigate Nevada’s drunk driving laws and achieve the best possible results in their cases. In this post, we’ll break down what constitutes a felony DUI under NRS 484C.410, the severe penalties a conviction carries, and how an aggressive defense lawyer can fight for your freedom.

When is a DUI Charged as a Felony in Nevada?

In Nevada, you can be charged with DUI if you drive or are in “actual physical control” of a vehicle while under the influence of alcohol, drugs, or a combination of the two. Actual physical control means you’re in the driver’s seat with the ability to operate the car, even if you’re not currently driving. Most first and second-time DUIs are charged as misdemeanors. But under NRS 484C.410, a DUI becomes a felony in Nevada when:

• It’s your third DUI offense within 7 years
• It’s your fourth or subsequent DUI offense, regardless of the time frame
• The DUI caused substantial bodily harm or death to another person, even if it’s your first offense

A DUI may also be charged as a felony if you have certain prior felony DUI convictions on your record. Let’s unpack each of these scenarios.

Third DUI Within 7 Years

If you’re arrested for DUI and you have two prior DUI convictions within the past 7 years, you’ll automatically be charged with a category B felony. It doesn’t matter if the prior DUIs were in Nevada or another state – they still count. And the 7-year “lookback” period is measured by arrest dates, not conviction dates.

Fourth or Subsequent DUI

Once you rack up three prior DUI convictions, any subsequent DUI arrest will be charged as a felony, no matter how much time has passed between offenses. In other words, Nevada has a “three strikes” law for repeat DUI offenders. A fourth or subsequent offense is a category B felony.

DUI Causing Substantial Bodily Harm or Death

Even if it’s your first offense, a DUI resulting in substantial bodily harm or death to another person is an automatic category B felony. If a death occurs, you may also face separate charges for vehicular manslaughter (NRS 484C.440) or homicide (NRS 484C.430), depending on the circumstances.

Penalties for Felony DUI in Nevada

Make no mistake: a felony DUI conviction comes with life-altering consequences. If you’re found guilty of felony DUI under NRS 484C.410, you face:

• 1-6 years in Nevada State Prison for a third offense within 7 years
• 2-15 years in prison for a fourth or subsequent offense
• 2-20 years in prison for DUI causing substantial bodily harm or death
• $2,000-$5,000 in fines
• 3-year driver’s license revocation
• Nevada Victim Impact Panel
• Possible vehicle impoundment or forfeiture
• An ignition interlock device in your car (once driving privileges are restored)

But the fallout of a felony doesn’t end there. You’ll have a permanent criminal record that can wreak havoc on your ability to get a job, secure housing, pursue higher education, or obtain professional licensing. You could lose your right to own firearms or to vote. If you’re not a U.S. citizen, you may face deportation. The personal and financial toll can be devastating.

That’s why it’s so crucial to have an experienced Las Vegas felony DUI attorney standing up for your rights and exploring every possible avenue for mitigating the damage. An aggressive defense could mean the difference between going home to your family and going to state prison.

Defenses to Felony DUI Charges in Nevada

Just because you’ve been arrested for felony DUI doesn’t mean all hope is lost. Police and prosecutors make mistakes. Evidence can be faulty. With a skilled defense team on your side, you may be able to get the charges reduced or even dismissed entirely. Some common defenses to felony DUI in Nevada include:

• Challenging the validity of the traffic stop
• Disputing the accuracy of breath or blood test results
• Arguing that a medical condition or medication caused false positive results
• Demonstrating that field sobriety tests were improperly administered
• Showing that you weren’t actually driving or in “actual physical control” of the vehicle
• Negotiating for lesser charges, alternative sentencing, or treatment programs

Every case is unique, so it’s important to have an attorney who will take the time to listen to your story, investigate the evidence, and craft a tailored defense strategy. At Benjamin Durham Law Firm, that’s exactly what we do. We leave no stone unturned in fighting for our clients.

Exercise Your Rights and Act Fast

If you’re facing felony DUI charges in Nevada, the most important thing you can do is exercise your constitutional rights. You have the right to remain silent, the right to an attorney, and the right to a fair trial. Insist on speaking to a lawyer before answering any questions about your case.

The second most important thing is to act fast. Felony DUI cases move quickly in Nevada, and waiting too long could cause you to miss critical deadlines or lose valuable evidence. An attorney needs to be able to review video footage, 911 calls, police reports, and witness statements before they disappear. The prosecution is already building their case against you – don’t give them a head start.

Get Help from a Proven Las Vegas Felony DUI Lawyer

At Benjamin Durham Law Firm, we understand that good people can make mistakes – and we believe everyone deserves a second chance. Our knowledgeable Las Vegas DUI attorneys have decades of combined experience fighting felony drunk driving charges in Nevada. We know the ins and outs of the court system and we’re not afraid to go to battle for our clients in front of a judge and jury.

If you or someone you love has been arrested for felony DUI, don’t wait. Contact our compassionate legal team for a free and confidential case review. We’ll break down your charges, explain your options, and start building your defense immediately.