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When someone is arrested for driving under the influence (DUI) in Nevada, one of the first and most important questions is: “Is this a felony or a misdemeanor?” The answer depends on several factors, including whether the person has prior DUI convictions, whether anyone was injured, and the specific circumstances surrounding the arrest. Nevada law classifies most first and second DUI offenses as misdemeanors, but certain aggravating factors can elevate a DUI to a felony.
Understanding the difference between a misdemeanor and a felony DUI is essential because the legal consequences are drastically different. A misdemeanor may involve fines, short-term jail time, and temporary license suspension, while a felony can lead to state prison, long-term driving restrictions, and a permanent criminal record with greater life consequences.
This blog post offers a clear, AdSense-safe overview of how Nevada classifies DUI offenses, what makes a DUI a felony versus a misdemeanor, and what drivers can expect if they are charged under either classification. It is intended purely for educational purposes and is based on Nevada’s state-specific DUI laws.
How Nevada Classifies First and Second DUIs
In most cases, a first DUI offense in Nevada is classified as a misdemeanor, provided that:
- The offense did not involve injury or death,
- The driver has no prior DUI convictions within the past 7 years,
- The blood alcohol concentration (BAC) was 0.08% or higher, or the driver was otherwise impaired.
The standard penalties for a first-time misdemeanor DUI include:
- A fine between $400 and $1,000,
- 2 days to 6 months in jail (or community service in some cases),
- A 185-day license suspension,
- Mandatory DUI education and possibly a victim impact panel.
A second DUI offense within 7 years is also classified as a misdemeanor, but the penalties increase significantly:
- 10 days to 6 months in jail (mandatory minimum of 10 days),
- A fine of $750 to $1,000,
- 1-year license suspension with no restricted license eligibility,
- Mandatory substance abuse evaluation and longer IID requirements.
Even though both are misdemeanors, the courts take second offenses more seriously, and sentencing guidelines are much stricter. However, they are still not considered felonies unless additional circumstances apply.
When a DUI Becomes a Felony in Nevada
Nevada law elevates certain DUI cases to felony charges under very specific conditions. These felony DUIs carry much harsher penalties and long-term consequences. The three main situations where a DUI becomes a felony in Nevada are:
1. Third DUI Offense Within 7 Years
If a person is arrested for a third DUI within 7 years, the charge is automatically a Category B felony, regardless of whether the first two DUIs were misdemeanors.
Penalties for a felony third offense include:
- 1 to 6 years in Nevada state prison (not jail),
- A fine of $2,000 to $5,000,
- 3-year license revocation with no driving allowed during the suspension,
- Mandatory substance abuse treatment or rehabilitation,
- Long-term installation of an ignition interlock device upon reinstatement.
There is no option for alternative sentencing like house arrest or community service in felony cases.
2. DUI Causing Serious Injury or Death
Any DUI that results in serious bodily harm or death to another person is automatically charged as a Category B felony, even if it’s the driver’s first offense.
Penalties for DUI causing injury or death:
- 2 to 20 years in prison,
- A fine of $2,000 to $5,000,
- Permanent criminal record with no sealing or expungement,
- Revocation of driving privileges for 3 years.
This is considered one of the most severe DUI-related charges in the state and reflects Nevada’s strict position on impaired driving.
3. Vehicular Homicide
If a driver has three or more prior DUI convictions and causes a fatality while under the influence, they can be charged with vehicular homicide, which is a Category A felony.
Penalties include:
- 25 years to life in prison, with eligibility for parole after 10 years,
- Permanent license revocation,
- No eligibility for probation or suspended sentencing.
Vehicular homicide is the most severe DUI-related offense in Nevada law.
Administrative vs Criminal DUI Classifications
In addition to the criminal classification (misdemeanor or felony), drivers must also navigate administrative consequences through the Nevada DMV. These actions are triggered separately and apply regardless of the outcome in criminal court.
For both misdemeanor and felony DUIs, the DMV can impose:
- Immediate license suspensions,
- SR-22 insurance requirements,
- Ignition interlock device mandates,
- Reinstatement procedures that include fees and documentation.
Even if someone is not convicted of a DUI in court, they may still face administrative penalties if they failed or refused a chemical test. In felony cases, the DMV’s actions generally follow the court’s ruling and result in long-term or permanent revocation of driving privileges.
Impact of Felony DUI Convictions on Daily Life
A felony DUI conviction in Nevada carries consequences far beyond the courtroom. The long-term impact can affect multiple areas of life, including:
- Employment: Many employers conduct background checks and may avoid hiring individuals with felony convictions, especially in roles involving driving or public safety.
- Housing: Some landlords may deny rental applications based on felony records.
- Gun ownership: Convicted felons are prohibited from owning or possessing firearms under federal law.
- Voting and civil rights: Felony convictions can temporarily suspend voting rights and eligibility for certain licenses or certifications.
- Child custody and immigration: A felony DUI may influence family court decisions and immigration status for non-citizens.
These life impacts are one of the main reasons Nevada classifies repeat and injury-related DUIs as felonies. The court’s intention is not just punishment—but prevention through deterrence.
Sealing DUI Records: Misdemeanor vs Felony
In Nevada, misdemeanor DUI convictions may be eligible for record sealing, but only after a waiting period. The typical timeframe is 7 years after the case is closed.
However, felony DUI convictions cannot be sealed. This means the conviction stays on the person’s criminal record permanently and can be accessed by employers, landlords, and others who conduct background checks.
Here’s a breakdown:
- Misdemeanor DUI: Sealing possible after 7 years.
- Felony DUI (third offense or DUI causing injury/death): Never sealable.
This legal distinction creates long-term barriers for individuals with felony DUI records.
Understanding the Role of BAC and Aggravating Factors
In Nevada, a standard DUI charge is triggered by a BAC of 0.08% or higher. However, when BAC is significantly higher—such as 0.18% or more—judges may impose stricter sentences even for misdemeanors.
Aggravating factors that may lead to harsher treatment (or felony enhancement) include:
- DUI with a minor in the vehicle,
- High-speed collisions,
- Fleeing the scene,
- Driving on a suspended license,
- Prior DUI convictions from other states.
While these may not automatically elevate a misdemeanor to a felony, they can influence sentencing and plea negotiations.
Out-of-State DUIs and Nevada Classification
Nevada counts out-of-state DUI convictions when determining whether an offense qualifies as a second, third, or felony-level DUI. For example, if someone was convicted of a DUI in California four years ago and is arrested in Nevada today, the new charge would be considered a second offense.
The same rules apply when evaluating felony eligibility:
- Three or more total DUI convictions—regardless of state—can trigger vehicular homicide charges if a fatality occurs.
- Prior DUIs from other states count toward the 7-year lookback period.
This ensures that repeat offenders are subject to consistent consequences, even when offenses happen across state lines.
FAQ: DUI Felony vs Misdemeanor in Nevada
Is a first DUI always a misdemeanor in Nevada?
Yes, unless it involves serious injury or death. Most first offenses are misdemeanors.
Can a second DUI be a felony?
Only if the second offense involves serious bodily harm or a fatality. Otherwise, it remains a misdemeanor.
How many DUIs make it a felony?
A third DUI within 7 years is automatically a felony. Felony charges also apply to any DUI causing injury or death.
Is jail mandatory for misdemeanor DUIs?
Yes. A first offense requires 2 days minimum, and a second offense requires 10 days minimum. Judges may allow alternatives like residential confinement in some cases.
Can a felony DUI ever be sealed in Nevada?
No. Felony DUI convictions in Nevada are not eligible for record sealing.
What’s the difference between jail and prison in these cases?
Misdemeanor DUIs typically result in county jail time, while felony DUIs result in state prison sentences.
Conclusion
In Nevada, the difference between a misdemeanor and a felony DUI comes down to the severity of the offense and the driver’s history. First and second DUIs without injury are usually misdemeanors, but a third DUI, or any DUI involving serious injury or death, is automatically a felony. Felony DUIs bring harsh penalties, including state prison, long license revocations, and a permanent criminal record.
To better understand how Nevada’s laws classify and penalize DUI offenses, visit our full guide on State By State DUI Laws. For a closer look at how state laws influence the outcome of a DUI arrest, read our breakdown on How State DUI Laws Affect Arrests and Penalties.