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Misdemeanor DUI vs. Felony DUI

September 18, 2017 Tags: ,

Driving under the influence (DUI) can be charged as either a misdemeanor or felony. Determining the level of the charge depends on various factors including the amount of alcohol in your system, recklessness of driving, injury to others, damages, and prior offenses. In the state of Nevada, illegal blood alcohol concentration limits are:

  • 02% for drivers under 21 years of age
  • 04% for commercial license holders
  • 08% for all other drivers

If you’ve been charged with any level of DUI, the first thing you should do is consult with a criminal defense lawyer immediately. Laws surrounding DUI violations vary by state, and it’s important to know the details of what your up against as early as possible. Different factors such as repeat offenses, bodily injury, death, and age of vehicle occupants all affect how your charge will be classified.

Misdemeanor DUI

In the state of Nevada, misdemeanor DUI’s are most often given to first time offenders with minimal recklessness without injury to others or damages to property. If this is a second offense, you could still receive a misdemeanor charge, but a third or more conviction is more likely to be charged as a felony.

A misdemeanor DUI could result in a number of penalties including:

  • Revocation of driver’s license for a minimum of 90 days
  • Blemish on your driving record
  • Fine up to $1000
  • Increase ininsurance rates
  • Mandatory use of a car breathalyzer
  • Order to attendsubstance abuse treatment counseling
  • Jail sentence up to 6 months
  • Mandatory hours of community service
  • Suspension of car registration

Felony DUI

Misdemeanor DUIFelony DUIs are usually reserved for repeat offenders, cases in which people were injured or killed, and cases in which children were in the car when the arrest was made.

A felony DUI could result in:

  • Revocation of driver’s license up to 3 years
  • Fine up to $5000
  • Suspension of car registration
  • Prison sentence up to 6 years
  • Mandatory use of a car breathalyzer following release from prison
  • Mandatory substance abuse treatment

A DUI resulting in the death or serious bodily injury of another person will most assuredly be charged as a felony and can result in up to 20 years in prison.

With an experienced DUI attorney, you may be able to avoiding jail time if it’s only your second offense. Some states, however, do issue low-level felonies for second offense DUIs if they’re committed within ten years of the first offense. Most states, including Nevada, consider a third offense an automatic felony regardless of extenuating circumstances, and a fourth DUI is even more likely to be charged as a felony.

Las Vegas DUI Lawyer

Attorney Carl E.G. Arnold of CEGA Criminal Law in Las Vegas is an experienced and aggressive DUI/DWI attorney that understands the legal system and knows how to fight a DUI charge. Contact CEGA Criminal Law today for a free consultation.

1428 South Jones Blvd Las Vegas, NV 89146

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