I picked up a “5th DUI” in Nevada. What happens now?

A fifth-time DUI within a seven-year period is a category B felony in Nevada, even if no one gets hurt. Penalties include

• one to six years in prison,
• $2,000 to $5,000 in fines, and
• a three-year driver’s license suspension.

You are not eligible for DUI Court or probation.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. When Past DUIs Were More Than Seven Years Ago
• 2. Fighting the Charges
• 3. When DUIs Cause Injury or Death
• Additional Resources

1. When Past DUIs Were More Than Seven Years Ago

If your four prior drunk driving convictions were from more than seven years ago – and if none of those prior offenses were felonies – then a fifth-time offense would instead be prosecuted as a first DUI. This is a misdemeanor, and the penalties include:

• 2 days to 6 months of jail;
• $400 to $1,000;
• DUI School;
• Victim Impact Panel; and
• 185-day license revocation (but you can usually still drive with an ignition interlock device).

If just one of your four prior drunk driving convictions was within the last seven years – and it was not a felony DUI – then a fifth-time offense would instead be prosecuted as a second offense DUI. This is also a misdemeanor, and the penalties include:

• 20 days to 6 months in jail;
• $750 to $1,000;
• Victim Impact Panel;
• Alcohol/drug dependency evaluation; and
• 1-year license revocation (but you can usually still drive with an ignition interlock device).

Meanwhile, third DUIs and fourth DUIs have the same penalty ranges as 5th-time drunk driving cases. However, if you are facing a third drunk driving charge, you may be eligible for Felony DUI Treatment Court as an alternative to incarceration.¹

2. Fighting the Charges

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with repeat driving under the influence offenses. In our experience, the following seven defenses have proven very effective with prosecutors, judges, and juries.

1. The police did not have probable cause for the traffic stop.
2. The police did not administer the field sobriety tests correctly.
3. The breath test or blood test equipment was defective.
4. The technician who performed the chemical tests was not certified.
5. You had a medical condition that caused an inaccurately high BAC (blood alcohol concentration) reading.
6. You did not begin drinking until you stopped driving.
7. Too much time elapsed between the traffic stop and the chemical test.

3. When DUIs Cause Injuries or Death

A drunk/drugged driving incident that results in someone getting killed or sustaining serious bodily injury is always a felony. This is true even if you have no prior DUI charges or convictions.

Like a fifth-time drunk driving case, causing injury or death from drunk driving is also a category B felony, carrying a $2,000 to $5,000 fine and a three-year license suspension. However, the prison sentence range is longer: Two to 20 years.²

Note that if someone dies from your drunk driving, and you have at least three prior DUI convictions, you will instead face charges for vehicular homicide (NRS 484C.440). This is a category A felony carrying 25 years to life in prison (with the possibility of parole after 10 years).³

Additional Resources

If you or someone you know is struggling with addiction, refer to the following:

• Alcoholics Anonymous – 12-step program to overcome alcohol addiction.
• Narcotics Anonymous – 12-step program to overcome drug addiction.
• Nar-Anon – 12-step program for family/friends of addicts.
• SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
• SAMHSA – Online treatment locator – Find rehabs by address or zip code.
• Crisis Support Services of Nevada – 24/7 hotline and support.

Legal References