Misdemeanor DUI Court, also referred to as the Moderate Offenders Program in Clark County, is an extensive program focused on rehabilitating individuals grappling with addition who are defendants charged with a misdemeanor for driving under the influence (DUI) in Nevada. This program provides an opportunity for eligible individuals to avoid imprisonment and other DUI penalties. According to N.R.S. § 484C.340, to be eligible to participate in a treatment program, the offender must:
- Serve at least 6 months of house arrest
- Be placed under a system of active electronic monitoring to track the offender’s location
- Install an ignition interlock device for not less than 12 months
- Not drive a vehicle that is not equipped with an ignition interlock device
- Agree to periodic alcohol and drug testing
- Agree to any other conditions the court deems necessary
The Moderate Offenders Program in Las Vegas is highly discerning in its selection process, and participants must adhere strictly to the program’s rules. Failure to abide by the rules can result in jail time, though the sentence may be reduced. However, if the program is completed successfully by a defendant, the presiding judge may consider reducing the charges to a smaller offense, which can be something like reckless driving.
Our DUI attorneys in Las Vegas delve into the following topics in this article:
- A Brief Look at Nevada Misdemeanor DUI Court
- Is it advisable for you to participate in the Misdemeanor DUI Court?
- Eligibility criteria for potential applicants
- Experience for the participants of Misdemeanor DUI Court
- The process of applying for Misdemeanor DUI Court
- Consequences and actions taken in the event of relapse or rule violations
- Consequences for failure to complete Nevada Felony DUI Court
- Financial costs involved with participating in the program
- Considerations for individuals facing a third DUI offense
- The feasibility of participating in DUI Court in one’s home state if not residing in Nevada.
You may also be interested in reading our article on Felony DUI Court, also known as the Serious Offenders Program.
1. A Brief Look at Nevada Misdemeanor Driving Under the Influence (DUI) Court
The DUI Court for misdemeanor charges offers an alternative approach to sentencing individuals who have been charged with a first or second-time Driving Under the Influence (DUI) offense and meet the eligibility criteria. This program provides an opportunity for rehabilitation instead of incarceration for defendants. The primary objective of this program is to focus on the recovery of individuals as opposed to imposing penalties. Once the program is completed successfully, the charge for DUI may be decreased to a smaller offense.
2. Is it Advisable for You to Participate in Misdemeanor DUI Court?
Participating in the “Moderate Offenders Program” requires a significant commitment of time and financial resources, but it can be a beneficial option in certain situations:
- When the District Attorney (DA) is unwilling to negotiate a plea bargain for the DUI charge
- When the District Attorney is unwilling to dismiss the charge
- When the defendant is struggling with substance abuse
- The potential advantages of successfully completing DUI Court include:
- Avoiding jail time
- Receiving assistance to address your addiction
- A likelihood of reduced charges
It’s important to keep in mind that DUI offenders with a second-time offense are still required to serve a mandatory five-day jail sentence, regardless of their participation in DUI Court. This is still a preferable outcome to the standard ten-day jail term for second-time DUI offenders who do not complete a DUI treatment program.
3. Eligibility Criteria for Potential Applicants
To be eligible for the Nevada Moderate Offenders Program, every defendant needs to meet the following criteria:
- Have a diagnosis of alcoholism or drug addiction by a certified counselor
- Face charges for a DUI-first or DUI-second within the past seven (7) years
- No DUI charges that resulted in substantial harm or death to another
It’s important to note that DUI defendants with first-time offense with an alcohol content of 0.18 or more in their blood do not qualify for the Offenders Program.
4. Experience for the Participants of Misdemeanor DUI Court
Misdemeanor DUI Courts, such as the Moderate Offenders Program in Clark County, offer rigorous rehabilitation programs that typically last around one year. However, the duration can range from six months to three years depending on the offender’s circumstances.
Upon entering DUI Court, a case manager is allocated to the defendant, who assesses their specific treatment needs and makes recommendations before the judge. Program requirements may include:
| Misdemeanor DUI Requirements | Details |
| Regular communication with the judge to review progress and status | The defendant is required to attend weekly meetings with the judge to provide updates on their progress. As the defendant progresses through the rehabilitation process, the frequency of these meetings can gradually decrease. The Moderate Offenders Program in Clark County holds meetings on Thursdays. |
| Community Service or Jail Time | For a first DUI, the options for the defendant include either serving a one-day jail sentence or fulfilling 24 hours of community service. For a second DUI, the defendant is required to serve a jail time for at least five days, and 50 to 100 hours of community service. |
| Residential confinement, also known as house arrest, for at least 6 months | During the house arrest period, it is strictly prohibited to have any alcohol present in the defendant’s home. To monitor compliance, a SCRAM anklet may be used on the defendant, which monitors and reports the presence of alcohol in the defendant’s body. |
| The defendant’s vehicles are equipped with an IID (ignition interlock device) | The defendant will not be able to start their car if the IID detects an alcohol concentration of .02 or higher in the defendant’s body. Whenever such an event occurs, the case manager receives a notification. The IID is also known as a BID (Breath Interlock Device). |
| Group counseling sessions, such as participation in Alcoholics Anonymous, as well as individual counseling sessions. | The counseling sessions are held once or twice every week. |
| Random tests for alcohol | The frequency of these tests are at the case manager or judge’s discretion. |
| Additional conditions that are tailored to the defendant’s circumstances | In certain situations, the judge may enforce a curfew, suspend the defendant’s driver’s license, or require the defendant to wear a GPS tracker. |
Upon successful completion of all the obligations outlined in the Moderate Offenders Program, the defendant may have their DUI charge reduced to another lesser offense, such as reckless driving. The specific terms depend on depend on the plea deal negotiated with the court and District Attorney.
5. Applying for Misdemeanor DUI Court
The application process for the Nevada Misdemeanor DUI Court has three main steps:
- The defense attorney must submit a complete Misdemeanor DUI Court application to the Justice Court. This application includes an evaluation for substance abuse conducted by a certified counselor or medical professional.
- The District Attorney and the court are given a period of ten days to set a hearing. During this hearing, the court will deliberate on whether to accept the application.
- If the judge grants admission to the program to the defendant, the jail sentence of the defendant will be suspended and will place the offender on probation for no more than 5 years.
Defendants denied admission into the Misdemeanor DUI Court are subject to the standard penalties associated with a misdemeanor DUI in Nevada.
To improve their chances of acceptance into the Moderate Offenders Program in Clark County, defendants should seek counsel from a skilled attorney because the program is highly selective. and the application process is complex and time-sensitive nature of the application process.
6. Managing Relapses and Rule Violations in the Program
Noncompliance with the requirements of the DUI Court program is determined on a case by case basis. The judge may consider the defendant’s criminal record, their progress in the program, and other relevant circumstances.
In certain cases, a first-time relapse may just result in a verbal reprimand from the judge.
7. Consequences of Incomplete Program Participation
If the defendant continues to avoid the requirements of the program, they will be expelled from the program and required to serve their original sentence, which is typically a six-month jail term.
Example: Vince was arrested in LA for his second DUI offense. Following his arrest, Vince is admitted to the Moderate Offenders Program, and the judge suspends his original 6-month jail sentence. However, Vince demonstrates a lack of commitment to the DUI Court process by consistently missing the counseling sessions and court appearances. Eventually, the judge makes the decision to expel Vince from the program and reinstate the initial jail sentence of six months.
If Vince complied with the requirements of the DUI Court Program and successfully completed it, he would only have to serve the five-day jail sentence mandated by the program. Because Vince violated the program’s requirement, he must serve the original six-month jail sentence.
Expenses Associated with Participating in Misdemeanor DUI Court
The total cost of participating in the Moderate Offenders Program in Nevada varies depending on the duration for which the defendant is enrolled. Typically, enrolling for one year in the program can cost around $4,500 in total.
NOTE: this cost includes counseling for substance abuse, drug and alcohol testing, installation of ignition interlock devices, house arrest, and any associated administrative fees.
However, a defendant should consult with the relevant authorities or legal professionals for precise information regarding the specific costs and fees associated with Misdemeanor DUI Court.
Is Misdemeanor DUI Court an Option for Individuals Facing a Third DUI Charge?
Unfortunately, individuals charged with a third DUI offense are not eligible for participation in the Moderate Offenders Program. However, there is an alternative program available known as Felony DUI Court or the Serious Offenders Program in Clark County. The Felony DUI Court is specifically designed for defendants facing third DUI charges.
The Serious Offenders Program in Clark County, Nevada involves a longer, more rigorous, and more costly rehabilitation process compared to the Moderate Offenders Program. Please consult with legal professionals to discuss the specific eligibility criteria and requirements for participation in the Felony DUI Court program.
Is it Possible to Participate in DUI Court in My Home State if I Don’t Reside in Nevada?
It may be possible to participate in DUI Court in your home state if the state’s program is similar to Nevada’s. However, the judge evaluates this on a case-by-case basis depending on the specific circumstances.
Get In Touch with a Criminal Defense Attorney in Nevada
If you have been charged with DUI in Nevada, our team at The Bourassa Law Group can help. We can explore the possibility of negotiating with prosecutors, and have your case dismissed or reduced, potentially allowing you to stay away from DUI Court altogether. Contact us to schedule a consultation over the phone and discuss your situation in more detail.