DUI Court in Las Vegas, Nevada is a program that allows those convicted of DUI to avoid imprisonment if they qualify.
The program depends on what the defendant is charged with. There are two types of DUI courts, which are:
- Misdemeanor DUI Court – for DUI defendants experiencing a first or second-time DUI, a misdemeanor.
- Felony DUI Court – for DUI defendants experiencing a third-time felony DUI, a felony.
Felony DUI Court lasts longer than misdemeanor court and typically costs more. Both of these programs aim to treat DUI defendants for substance abuse. People who fail to complete the program will be imprisoned.
DUI Court – An Overview
DUI Court is a program that allows eligible drugged or drunk driving defendants to attend an intensive rehabilitation program instead of imprisonment.
The rehabilitation program is costly, intrusive, and time-consuming. However, if the defendant successfully completes the program, it reduces the severity of the charge.
After a DUI arrest in Nevada, the defense will explore options to reduce the charge to reckless driving or dismiss it outright. However, if that seems unlikely, and going to trial seems risky, then exploring DUI Court in Nevada is an alternative to consider.
Can Anyone Qualify for DUI Court in Nevada?
No. The following DUI defendants are automatically disqualified from the rehabilitation program:
- anyone who is not addicted to drugs or alcohol
- anyone who has seriously harmed or killed another person while driving under the influence
- anyone with more than two (2) DUI misdemeanor convictions in the past seven (7) years
- Anyone with a past felony DUI conviction.
No individual automatically qualifies for a spot in the DUI court program. It is a highly selective program where participants are accepted on a case-by-case basis.
Similarities Between Misdemeanor DUI Court and Felony DUI Court
There are several similarities between misdemeanor and felony DUI courts. Both require:
- Weekly status checks with the judge (these become less frequent over time),
- Group counseling, such as alcoholics anonymous
- Individual counseling
- Installation of an Ignition interlock device in the defendants’ vehicles
- Unannounced drug or alcohol testing and
- Use of SCRAM devices.
Differences Between Misdemeanour DUI Court and Felony DUI Court
Expectedly, the Felony DUI court lasts longer and is stricter than the Misdemeanor DUI court. The two programs differ in the following ways:
| Misdemeanor DUI Court (1st and 2nd DUI Conviction) | Felony DUI Court (3rd DUI Conviction) |
| Program duration between six months to 3 years | Program duration between 3 and 5 years |
| Up to 90 days of house arrest | Up to six months of house arrest |
| The total approximate cost of the program is around $4,500 | Total program cost ranges between $11,000 and $ 15,000 |
| 1st DUI Conviction – 24 hours of community service or 1 day in jail 2nd DUI Conviction – up to 50 hours of community service or 5 days in jail | No imprisonment for compliant defendants other than six months of house arrest |
| Successful completion of the program results in reduced charges (such as reckless driving or another lesser charge). | The defendant’s charge is reduced to 2nd DUI (which is a misdemeanor). |
The Misdemeanor DUI court has been around in some form since 1983. The felony DUI court began in 2007.
How Can You Apply for DUI Courts?
The Application Process Is as follows:
- The defendant appears in court to plead no contest or p guilty to the original DUI charge,
- The defendant submits the following to the court:
- a completed application to the rehabilitation program, and
- a substance abuse evaluation finalized by a healthcare professional or certified counselor, which declares that the defendant is addicted to drugs or alcohol.
- The prosecutor and judge may request a court hearing within ten (10) days to discuss whether the convict should be accepted into the rehab program.
- If the defendant is accepted into the DUI court rehab program, the judge will suspend the defendant’s original DUI sentence and submit the case to DUI Court.
What if You Start the Program but Don’t Finish It?
If a DUI defendant starts the program but doesn’t complete it, the judge will impose the defendant’s original charge, which almost always involves imprisonment.
Individuals who do not complete Misdemeanor DUI court face up to six months of imprisonment, whereas individuals who fail to complete Felony DUI court are required to spend 1 to 6 years in state prison.
Connect with Nevada Criminal Defense Attorney Today
If you or someone you know has been arrested for driving under the influence in Nevada, connect with our Las Vegas criminal defense attorneys for a free consultation.
With years of experience, our seasoned attorneys will help you reduce or even dismiss your DUI charge.