First Second Third Offense DUI

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Las Vegas Penalties for First, Second, Third DUI


Any conviction for driving under the influence in Nevada will disrupt your life in some way. Under state law, penalties get more serious with each subsequent offense within a seven-year period. Regardless of your prior record, Miley Law Firm, P.C. in Las Vegas offers strong advice and advocacy if you’ve been charged with DUI. 

If you have any prior drunk-driving convictions, we will explain the potential punishments and develop a defensive strategy tailored to your situation. Whether your best option is to challenge the evidence brought against you, seek a reduced charge, or pursue substance abuse treatment as an alternative to incarceration, our firm is committed to secure a favorable resolution.

Have you been arrested for driving under the influence in Las Vegas? Contact the Miley Law Firm, P.C., today to request a consultation.

What Are the Penalties for a First DUI in Nevada?

Many things can go wrong during the law enforcement process that begins when a driver is stopped on suspicion of drunk driving. Our firm conducts an in-depth examination of the facts to see what viable defenses can be raised. 

Penalties associated with a first-time DUI offense include:

  • License suspension — Even if you aren’t convicted of a DUI, a blood-alcohol concentration (BAC) test result of .08 percent or higher carries a potential driver’s license suspension of 90 days. Should you refuse a breath or blood test, you can lose your driving privileges for one year. These bans can be lifted if you install an ignition interlock device, which prevents you from starting your vehicle unless you are sober.

  • Fine — If you have no prior record of operating a vehicle while intoxicated, the fine you must pay runs between $400 and $1,000.

  • Incarceration —Potential jail time associated with an initial DUI conviction is between two days and six months. Penalties could be harsher if the intoxicated motorist caused a harmful accident, had someone younger than 15 in the car, or tested with a BAC of .18 percent or higher.

  • Community service — Instead of jail, many first-time DUI offenders are sentenced to between 48 and 96 hours of community service, such as cleaning up roadside trash while wearing clothing that indicates they have been convicted of drunk driving.

You might think that a BAC test result exceeding the legal limit means that you don’t have legal options, but a knowledgeable criminal defense lawyer can effectively fight the charges brought against you.

What Are the Penalties for a Second DUI in Nevada?

A second DUI conviction within a seven-year period carries a minimum sentence of 10 days, either in jail or as home confinement. The fine will be at least $750, and your license will be revoked for one year. Once you can drive again, you will need to use an ignition interlock device for half a year.

If you are arrested for a 2nd or subsequent drunk driving offense, it is essential to consult with an attorney as soon as possible. The penalties become more severe with each conviction. In order to obtain the most favorable outcome in your case, you will want to consult with a lawyer early in the process.

What Are the Penalties for a Third DUI in Nevada?

Once someone is found guilty of DUI for the third time within the seven-year timeframe, they are subject to a prison term of at least one and up to six years. A third conviction can also result in loss of driving privileges for three years and a fine between $2,000 and $5,000. The ignition interlock device period runs from one to three years.

Depending on the situation, a third-time DUI offender may benefit from undergoing a program of treatment. Pursuant to NRS 484C.340, a court may authorize treatment for third-time drunk driving offenders that have been diagnosed with an alcohol or substance use disorder. 

In order to determine whether you would be eligible for a treatment program, contact our office to speak with an experienced attorney.

How an Attorney Can Help After a DUI Arrest in Nevada

Drunk driving offenses are strictly prosecuted in Nevada. Without the help of an attorney, it is unlikely that your case will get reduced or dismissed. At the Miley Law Firm, our highly-qualified lawyers will conduct a thorough review of your case to determine what defenses may be applicable. 

In some cases, it may be necessary to subpoena evidence, such as the calibration and maintenance records of the breathalyzer or the officer’s body cam video. This information can prove critical to obtaining a successful outcome. If your case cannot be dismissed, we will negotiate on your behalf for favorable terms or a reduction to the charges.

Things to Consider When Hiring an Attorney After a DUI Arrest

Deciding which attorney to hire after a drunk driving arrest can be overwhelming and frustrating. It can also be one of the most important decisions you make.

To obtain the best possible results after being charged with driving under the influence in Las Vegas:

  • Always consult with an attorney as early in the process as possible. Early intervention such as attending AA meetings or agreeing to continuous alcohol monitoring may be essential to obtaining a favorable disposition, particularly if you have multiple offenses.
  • Make sure the attorney has extensive experience handling drunk driving cases. DUI cases are a unique area of criminal defense that requires a knowledge of both science and the law. An inexperienced lawyer can be detrimental to your case.
  • Inform your attorney of anything that happened before, during, or after the stop. A reduction or dismissal of the charges may be secured if the officer lacked reasonable suspicion to pull you over or probable cause to place you under arrest. 
  • Disclose any medical conditions as well as anything that you consumed before the arrest. Certain things can cause an inaccurate blood alcohol concentration. 

Put a Skilled Defense Lawyer on Your Side. Call Miley Law Firm!

Attorney Edward R. Miley is a former Justice of the Peace Pro Tempore for the Las Vegas Justice Court. He is a distinguished trial lawyer that will fight to protect your rights and secure your freedom. As a member of the National College of DUI Attorneys, he knows what it takes to win drunk driving cases and will work hard to get the results you deserve.

The Miley Law Firm, P.C., advocates for Nevada motorists who have been charged with driving under the influence of alcohol or drugs. Whether this is your first offense or you face the enhanced penalties given to multiple offenders, please call 702-942-0600 or contact us online. We proudly represent clients throughout Nevada, with our main office located in Las Vegas. 


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