Las Vegas Felony DUI Attorney
Defending Felony DUI Charges in Clark County
A felony DUI charge in Nevada is one of the most serious situations you can face. The consequences reach far beyond jail time, and a felony DUI conviction cannot be sealed under Nevada law, meaning it stays on your record permanently. I’m Chip Siegel, and I’ve spent more than 25 years defending people facing criminal charges in Las Vegas, including time earlier in my career at the District Attorney’s office. That prosecutorial background gives me a direct view of how Clark County prosecutors build and pursue felony DUI cases. It also helps me identify where those cases can be challenged.
My office intentionally takes on fewer cases than most firms. When you’re facing a felony DUI charge, you work directly with me at every stage, not a paralegal or junior associate.
If you’ve been charged with a felony DUI in Las Vegas, call me today at (702) 430-7531 to get started on your defense.
Are you facing a felony DUI charge in Nevada? Call the Law Office of Chip Siegel, Esq. today at (702) 430-7531 or contact us online to meet with our Las Vegas felony DUI lawyer!
When a DUI Becomes a Felony in Nevada
Nevada law sets out four situations where a DUI is charged as a felony. Knowing which applies to you matters right away, because each carries different sentencing consequences.
- Third DUI within Seven Years: If you’re arrested for a third DUI within seven years of your first arrest, the charge is a Category B felony under NRS 484C.400. The seven-year lookback runs from the date of the first arrest to the date of the current arrest. Out-of-state prior DUI convictions can count toward this threshold if the prior offense punishes the same or similar conduct.
- DUI Causing Substantial Bodily Harm: A DUI that results in serious injury to another person is a Category B felony under NRS 484C.430, even for a first-time offender with no prior record.
- DUI Causing Death: Also charged as a Category B felony under NRS 484C.430, carrying 2 to 20 years in Nevada State Prison.
- Any DUI After a Prior Felony DUI Conviction: Once you have a felony DUI on your record, any subsequent DUI triggers Category B felony status under NRS 484C.410, regardless of when the prior conviction occurred.
A key difference between felony and misdemeanor DUI is what happens to your record. A misdemeanor DUI can eventually be sealed. A felony DUI conviction in Nevada cannot. The only path to a sealable record is a reduction to a misdemeanor or a dismissal, which is why the outcome of the case is so critical.
Penalties for a Felony DUI in Nevada
The specific sentencing range depends on which felony DUI charge applies. Under Nevada law, courts must impose state prison sentences for these offenses, with no probation available.
- Third DUI (Category B felony, NRS 484C.400): Mandatory 1 to 6 years in the Nevada Department of Corrections, $2,000 to $5,000 in fines, and a 3-year driver’s license revocation. An ignition interlock device is required before any restricted license is issued, and at least one full calendar year of the revocation must be served first, along with proof of SR-22 insurance.
- DUI Causing Substantial Bodily Harm or Death (Category B felony, NRS 484C.430): Mandatory 2 to 20 years in Nevada State Prison and $2,000 to $5,000 in fines. Under Nevada law, this charge is non-probationable even for a defendant with no prior criminal history.
- Subsequent DUI After a Prior Felony DUI (NRS 484C.410): 2 to 15 years in Nevada State Prison.
A felony DUI conviction also results in the loss of firearm rights. Restoration requires a pardon from the Nevada State Board of Pardons Commissioners (not a record seal or expungement).
One option worth understanding early is the Felony DUI Treatment Court (FDUI), operated by the Eighth Judicial District Court in Clark County. This intensive rehabilitation program lasts three to five years and may allow qualifying third-offense defendants to avoid mandatory prison and potentially reduce the conviction to a misdemeanor second offense upon successful completion. Eligibility is limited, the application process is time-sensitive, and not all applicants are accepted. Retaining legal representation as early as possible can affect whether this option remains available to you.
Why Retaining a Felony DUI Attorney in Las Vegas Matters Early
Felony DUI penalties in Clark County are pursued by prosecutors who handle a high volume of these cases and know how to seek maximum sentencing. My time at the District Attorney’s office means I’ve seen how felony DUI cases are built from the inside. That experience shapes how I approach your defense.
Defense strategies in felony DUI cases can include challenging the accuracy of breathalyzer or blood test results, the calibration and maintenance records of testing equipment, whether the initial traffic stop or arrest was lawful, how field sobriety tests were administered, and in DUI causing injury or death cases, whether the driver’s impairment was actually the proximate cause of the harm. In cases involving serious bodily injury or death, a superseding or intervening cause argument can be a viable defense theory. In other words, something other than the driver’s impairment may have caused the injury.
Acting quickly after a felony DUI arrest in Las Vegas preserves the most options: FDUI program eligibility, evidence preservation, and DMV hearing timelines all have windows that close. I limit the number of cases I take so I can give each client the focused attention these situations require. As your felony DUI attorney in Las Vegas, I provide direct access to me, not a case manager, throughout the entire process.
Contact the Law Office of Chip Siegel, Esq. today for a FREE consultation!
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Case Dismissed 2nd DUI
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