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What will be the sentencing from the judge for 2nd dui in lasvegas? The first was in 2005 and the 2nd in 2011

Las Vegas, NV |

what will the judge sentence if i had a dui in 2005 and just got ine recently may 16th 2011

Attorney Answers 3


Hello there,

The penalties for a second DUI in Nevada are established in Section 484C.400 of the state's Revised Statutes. These rules set forth the criminal and administrative penalties, as well as the period of time in which prior DUI convictions can be accounted for in the court's punishment.

Term of Years for Prior Offenses
In Nevada, a court can consider an individual's prior DUI offenses if they occurred within seven years of the currently pending offense. Typically, this period of time is referred to as the "lookback" period. There is no difference in punishments for an individual whose prior offense occurred six years ago and in those for an individual whose prior offense occurred six months previously.

Criminal Penalties in Nevada
Nevada identifies a second DUI offense as a misdemeanor, which means that its criminal punishment carries less than a year in prison. A felony in the state is any crime which is punishable by more than a year in prison.

The state allows courts to order a second time DUI offender to no less than ten days and no more than six months in prison, and no less than ten days and no more than six months in a residential alcohol treatment facility. The court may also order the offender to attend an additional outpatient treatment program. Finally, a second time offender can be fined from $750 to $1000, or community service hours that are the equivalent to the ascribed fine.


Erick Platten


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If you were convicted DUI first offense within the past seven years, you will be charged with DUI second offense. For specific penalties for DUI second offense, please refer to my legal guide entitled "DUI Convictions in Nevada." You should consult with a Nevada DUI attormey right away.

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Typical penalties for second-time DUI in Nevada (within seven years of the first one) are:

1.10 days to 30 days in jail or residential confinement
2. A likely fine of $1,100 fine 3.Nevada Victim Impact Panel
4.An alcohol/drug dependency evaluation
5.1 year driver’s license suspension or revocation, 5 day registration suspension, and a $35 civil penalty fee
6.A lengthy alcohol or drug abuse treatment program, if necessary.
7. If your BAC was .18 or greater, a Breath Interlock Device in your car for 12 months to 36 months as a condition of obtaining a restricted license or reinstating your license (if your BAC was less than .18, the court may order the Breath Interlock Device for 3 months to 6 months)

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