In Nevada, a fourth DUI is a Category B felony, which is punishable by imprisonment between two and 15 years, fines ranging from $2,000 to $5,000, and driver’s license revocation for three years. Furthermore, the judge cannot grant probation, rather than imprisonment.
The reason why a fourth DUI in Nevada is a felony is a third DUI (within seven years of the first offense) is an automatic felony. So, if a person is convicted of another DUI following their third offense, it will automatically be charged as a felony.
If a fourth DUI offense involves transporting a child passenger younger than 15 years of age, a conviction will likely result in a sentence on the higher end of the penalty range.
If a fourth DUI offense results in another person’s serious injury, then the crime carries a maximum prison sentence of 20 years. If the offense leads to another person’s death, then the charge is a Category A felony, punishable by life imprisonment.
While defendants facing a third DUI offense are eligible for Felony DUI Court, those facing a fourth DUI are ineligible. Felony DUI Court is an alternative sentencing treatment program that allows participants to enter intensive rehabilitation, instead of serving a prison sentence.
A conviction for a fourth DUI offense in Nevada may never be sealed from a person’s record. However, if the charge was dismissed, record sealing is available immediately.
Due to the seriousness of a fourth DUI offense, it is imperative for defendants to hire an experienced criminal defense attorney to protect their rights and freedom.
If you or a loved one has recently been arrested for a DUI in Reno, contact the Law Offices of Kenneth A. Stover today at (775) 502-1575for a free consultation. Let a former prosecutor defend you inside and outside the courtroom.