Felony DUI Lawyer in Las Vegas

Call (702) 381-6590 for Experienced & Knowledgeable Legal Representation

Nevada law is designed to deter individuals from committing multiple DUI offenses by imposing harsher penalties with each subsequent conviction. While a first-time and second-time DUI in Nevada are classified as misdemeanors, a third-time DUI—within seven years of the first offense—is automatically charged as a felony. Other circumstances, including incidents causing serious injury or death, also result in felony DUI charges.

At Draskovich Horvath, our team has represented numerous individuals charged with DUI in Las Vegas and throughout Southern Nevada. With over two decades of legal experience, our Las Vegas criminal defense attorneys possess a deep understanding of Nevada law and are committed to guiding you through every stage of the criminal justice process. Do not risk your future by facing these serious charges without the support of a skilled and reputable felony DUI lawyer in Las Vegas.

Contact us online or call (702) 381-6590 today to schedule your free consultation with our Las Vegas felony DUI attorney.

Types of Felony DUI Charges in Las Vegas

In Nevada, a DUI can be elevated to a felony in several ways, primarily outlined in Nevada Revised Statutes (NRS) Chapter 484C:

• Third DUI Conviction (NRS 484C.400): The most common way a DUI becomes a felony is if a person is convicted of a third DUI within a seven-year period. A third DUI offense is automatically prosecuted as a Category B felony. Unlike some other states, Nevada uses the date of the offense, not the date of conviction, to determine the "look-back" period.
• DUI Causing Injury or Death (NRS 484C.430): If a person, while driving under the influence, causes substantial bodily harm or death to another person, the charge is automatically elevated to a Category B felony, regardless of prior convictions. "Substantial bodily harm" is defined as an injury that "creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or prolonged physical pain."
• Prior Felony DUI Conviction (NRS 484C.410): If a person has a prior DUI conviction that was a felony, any subsequent DUI arrests will also be charged at the felony level, regardless of the time gap between offenses.
• Vehicular Homicide (NRS 484C.440): If a person, with at least three prior DUI convictions, causes the death of another person while driving under the influence, the charge can be elevated to vehicular homicide, which is a Category A felony, the most serious in Nevada's criminal code.

Our approach at Draskovich Horvath starts with a comprehensive review of your case, including obtaining police reports, chemical test results, and witness statements from Clark County law enforcement. Our felony DUI attorneys methodically examine local law enforcement practices, the jurisdiction—such as whether the alleged offense occurred within Las Vegas city limits—and which court is assigned (Las Vegas Justice Court or Clark County District Court). 

We believe in frequent, open communication, and we commit to thoroughly explaining the category and details of each charge, your options, and the steps involved in defending felony DUI charges in Las Vegas. This client-centered approach helps you stay informed and confident in the decisions made during your felony DUI case.

Penalties for Felony DUI in Las Vegas

In Nevada, a third DUI conviction within seven years qualifies as a Category B felony, with penalties that may include up to six years in prison, fines of up to $5,000, license suspension for as long as three years, and a variety of other administrative consequences. Individuals convicted of DUI after a prior felony DUI conviction may face up to 15 years in prison.

A DUI resulting in death or injury is also prosecuted as a Category B felony, carrying up to 20 years of imprisonment. If a person with three prior DUI convictions causes a fatal DUI accident, they may be prosecuted for vehicular homicide—a Category A felony with potential penalties of up to 25 years or life imprisonment.

Collateral Consequences

Felony DUI convictions in Las Vegas not only result in significant criminal penalties but also create lasting and far-reaching consequences that may impact all areas of your life. These penalties are strictly imposed in Clark County courts, reflecting Nevada’s strong stance against impaired driving. Consequences may range from incarceration and steep fines to the loss of a professional license, a permanent criminal record, required rehabilitation programs, and community service. 

Additionally, convicted individuals could be ordered to install ignition interlock devices and remain under close supervision after release. The seriousness and complexity of these charges underscore the importance of working with an accomplished felony drunk driving attorney in Las Vegas to ensure you understand your rights and options at every turn.

The Nevada Criminal Defense Process for Felony DUI Charges

The legal process following a felony DUI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. 

We are an aggressive felony DUI attorney in Las Vegas who understands the intricacies of the Nevada legal system.

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. The DMV Hearing: A DUI charge triggers two separate cases. You have a critical seven-day deadline to request a hearing to challenge the automatic suspension of your driver's license.
3. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense. For a felony DUI, your case will proceed to a preliminary hearing or a grand jury indictment.
4. Discovery and Pre-Trial Motions: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence. For a felony DUI, your case will be presented to a grand jury for a formal indictment before it proceeds to trial.
5. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement. However, we are always prepared to take your case to trial and present a strong defense.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Building a Strategic Defense Against Felony DUI Charges in Las Vegas

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Las Vegas felony DUI lawyer, we will leverage every possible defense, including:

• Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
• Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Disputing Causation: In a felony DUI case, we can argue that your driving was not the direct cause of the injuries, or that the injuries were not as severe as the prosecution claims.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Challenging Prior Convictions: The state must prove that your prior convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.

Schedule a Free Consultation Today

If you have been arrested for a felony DUI in Nevada, do not wait to contact our Las Vegas DUI attorneys. We may be able to pursue a dismissal of your charges or negotiate with the prosecution to obtain a reduced charge, based on the facts and local court procedures.

Contact us online or call (702) 381-6590 and discuss your legal options immediately.

Frequently Asked Questions

How does the felony DUI legal process work in Clark County?

Felony DUI cases begin with an arrest and booking, followed by an initial appearance in Las Vegas Justice Court. From there, the case may involve pretrial hearings, motions, and negotiations before possibly proceeding to trial in Clark County District Court. Each step follows strict timelines and legal rules.

Can a felony DUI charge in Las Vegas be reduced or dismissed?

Although difficult, some felony DUI charges may be reduced or dismissed if there are flaws in the traffic stop, testing, or arrest procedures. A defense lawyer can evaluate the evidence and pursue alternatives, but courts in Clark County treat these cases very seriously.

Do I need a lawyer for a felony DUI case in Las Vegas?

Yes. Felony DUIs carry severe consequences, and navigating Clark County’s legal system without a lawyer can put you at a serious disadvantage. An attorney can challenge evidence, negotiate with prosecutors, and protect your rights at every stage.

How does bail work in a felony DUI case?

Bail is typically set at the first court appearance in Las Vegas Justice Court. The amount depends on factors like prior convictions, the severity of the incident, and whether injuries were involved. A lawyer can argue for lower bail or release on other conditions.