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What Is DUI and Felony DUI?

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Driving under the influence is either a misdemeanor or a felony, differentiated by the seriousness of the crime.
Most states including Nevada will have similar definitions and penalties for driving under the influence.
What is DUI and how is it committed?
  • Consuming alcohol or any substance in amounts that can impair driving
  • Taking control of any vehicle while under the influence
  • Driving under the combined influence of alcohol and another substance
  • Driving while having a blood alcohol content (BAC) of:
o 0.
02% for underaged drivers (below 21 years old) o 0.
04% for drivers with a commercial license o 0.
08% for regular drivers
  • DWI after the fact.
    Found within 2 hours after driving with BAC levels exceeding the legal limits
  • Committing felony drunk driving (listed below)
Misdemeanor DUI Driving while intoxicated is a misdemeanor if it is the first or second offense.
Administrative penalties 1st offense
  • Driver's license revoked for 90 days.
    Eligible for a restricted license after 45 days.
2nd offense
  • License will be revoked for a year, and will not be eligible for a restricted license.
  • Car registration may be suspended.
Court penalties 1st offense
  • Sentenced to jail for 2 days to 6 months, or 96 hours of community service.
  • Optional fine of $400 to $1,000.
  • Mandatory attendance to a DUI school at defendant's own cost.
  • Can be ordered to attend a substance-abuse treatment program.
2nd offense
  • Jail sentence or home arrest for 10 days to 6 months.
  • Fines from $750 but not exceeding $1,000.
  • 100 to 200 hours of mandatory community service.
  • May be ordered to attend a substance-abuse treatment program or undergo clinical supervision up to one year.
Felony DUI How do you get felony DUI? Causing serious bodily injury.
A person was injured because of DUI.
It does not matter if the injured was a passenger, a pedestrian, or another driver.
Causing death.
Another person was killed because of the direct or indirect influence of alcohol or drugs.
The victim either died on the spot, or succumbed to their injuries.
Third DUI offense in 7 years.
If the defendant was convicted of their third DUI in Nevada within seven years, they are committing a felony.
Committing DUI if there are any previous convictions of felony DUI.
All drunken driving offenses after the first felony DUI are all felony DUI.
Administrative penalties For all offenses
  • License revocation for three years.
    Eligible for a restricted license in special circumstances.
  • Car registration may be suspended.
Court penalties For third offense DUI
  • Prison term will be 1 to 6 years.
    Probation or suspended sentence will not be given except in certain circumstances.
  • Mandatory fine of $2,000 to $5,000.
Previous conviction of felony DUI
  • 2 to 15 years in prison with no probation or suspended sentence except in special cases.
  • $2,000 to $5,000 fine.
DUI causing substantial bodily harm or death
  • Depending on the case, the defendant can face 2 to 15 years in a state prison with no probation or suspended sentence barring extraordinary circumstances, or;
  • 2 to 20 years in prison, with no chance for probation or suspended sentence whatsoever.
  • For both cases, the mandatory fines are $2,000 to $5,000.
Homicide resulting from driving under the influence
  • Imprisonment for 2 to 15 years.
    Probation or suspended sentence not allowed except for special circumstances.
  • Will be fined for $2,000 minimum, but not exceeding $5,000.
Source...
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