Tuesday, February 26, 2019

On Defending Against a Felony DUI Charge in Nevada

Defending against a felony DUI charge in Nevada can be a challenge, especially if the accused already has a history of DUI convictions in the past. However, with a seasoned DUI attorney on their side, the defendant has a strong case to make for their innocence.

Most DUI defense attorneys would invoke any of the following defenses as a prelude for proving their client's innocence:

  • Lack of probable cause
  • Defective equipment
  • Inaccurate readings
  • No causation

On the flipside, if an outright acquittal could not be achieved, defense lawyers recommend that their clients take up a plea bargain with the courts. Plea bargaining means that the defendant will enter either a guilty plea or a plea of no contest for a charge, in exchange for reduced penalties. In the case of felony DUI cases in Nevada, acquiescing to a plea bargain can drop the case to a misdemeanor, as well as exacting any or all of the following penalties:

  • up to six months in jail, or a suspended sentence
  • DUI school or DUI court sessions
  • fines up to $1,000, including court fees
  • Victim Impact Panel sessions, also known as MADD lectures
  • option to enroll in the Felony DUI Court program
  • one-year suspension of driver's license
  • $35 civil penalty fee