What is a DUI and DWI misdemeanor?

You may have heard law enforcement officers and prosecutors refer to intoxicated driving by various terms, such as “DUI” and “DWI.” But does Nevada recognize a difference between DUI and DWI? Furthermore, is a DUI a misdemeanor in Nevada, or can it become a felony charge? An experienced DUI defense lawyer can help you understand the difference between a DUI and DWI and what makes DUI a felony rather than a misdemeanor offense in Nevada. Armed with this knowledge, you can begin to make informed decisions regarding your rights and options when facing prosecution for DWI/DUI.

Key Differences Between DWI and DUI Misdemeanor

In Nevada, law enforcement officials and prosecutors may use the terms “DUI” and “DWI” interchangeably. The term “DUI” stands for “driving under the influence,” whereas “DWI” stands for “driving while intoxicated.” 

Nevada grades DUI/DWI offenses as either misdemeanors or felonies. DUI misdemeanors occur for first- or second-time offenses. In contrast, felony DUI occurs after a driver has multiple DUI convictions or commits a DUI in a case involving aggravating circumstances, such as causing a motor vehicle accident that results in severe injuries or fatalities. 

A misdemeanor DUI has less severe penalties than a felony DUI, which can impose a multi-year prison term instead of the possible jail time and fines imposed for a misdemeanor DUI.

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Misdemeanor DUI Basics

Under Nevada’s DUI law, a driver may face a misdemeanor DUI charge when they operate a motor vehicle under the influence of alcohol or drugs to the extent they cannot drive safely. However, a driver commits “per se” DUI when they drive with a blood/breath alcohol content of 0.08 or more, or more than specified amounts of various drugs in their blood or urine. The law grades DUI as a misdemeanor for a driver’s first or second DUI offense within seven years of a prior offense. Misdemeanor convictions impose penalties, including fines, jail time, and community service. 

Implications of a Misdemeanor DWI/DUI Charge

A conviction for a first-time misdemeanor DWI/DUI in Nevada may result in penalties that include:

  • The requirement to pay tuition for an educational course on alcohol and substance use disorders and to complete said course within a specified time
  • Two days to six months in jail or residential confinement
  • From 48 to 96 hours of community service
  • A fine of $400 to $1,000
  • A requirement to attend an alcohol treatment program if the driver had a BAC of 0.18 or more
  • A 185-day driver’s license revocation and ignition interlock requirement

A second DUI/DWI carries penalties that include:

  • Ten days to six months in jail or residential confinement
  • A fine of $750 to $1,000
  • A requirement to attend an alcohol/substance use disorder program
  • A one-year driver’s license revocation and ignition interlock requirement

Although a sentence for a misdemeanor DUI may only impose several hundred dollars in fines and the possibility of jail time or house arrest, even a first-time DUI conviction can have long-term consequences.

For example, a DUI conviction may increase car insurance rates if the insurance company views a driver with a DUI conviction as a higher risk for causing an accident or insurance claims. A DUI conviction may also adversely affect a person’s employment, especially if their job requires them to drive, as employers may want to avoid liability for an employee who might cause a drunk driving accident. Furthermore, the stigma of having a criminal record with a DUI conviction may also make pursuing employment, educational, or housing opportunities more challenging.

The Transition from Misdemeanor to Felony: Aggravating Factors

A DUI offense can transition from a misdemeanor to a felony in one of three ways:

  • A driver commits a third DUI within seven years
  • A driver commits a DUI after a prior felony DUI conviction
  • An intoxicated driver causes an accident that results in injuries or death

A third DUI within seven years carries penalties of:

  • One to six years in prison
  • A fine of $2,000 to $5,000
  • A three-year driver’s license revocation and ignition interlock device requirement

A subsequent DUI conviction after a prior felony DUI conviction imposes penalties that include:

  • Two to 15 years in prison
  • A fine of $2,000 to $5,000
  • A three-year driver’s license revocation and ignition interlock device requirement

When an intoxicated driver causes a motor vehicle accident that severely injures another person, penalties for a felony DUI conviction include two to 20 years in prison and a fine of $2,000 to $5,000.

A DUI accident that results in fatalities may also lead to additional vehicular homicide charges, which carry penalties of a 25-year prison term with a 10-year period of parole ineligibility or a life sentence with a 10-year period of parole ineligibility.

Navigating Your DWI/DUI Charge: Steps to Take Following an Arrest

Have you been arrested for DWI/DUI in Nevada? Taking the following steps can help you protect your rights:

  • Exercise your right to remain silent: You do not have to answer the police’s questions about your DUI charge, including questions like, “Where are you coming from?” or “Have you had anything to drink?”
  • Exercise your right to legal counsel: You have the right to speak with an attorney before questioning by police after a DUI arrest and to have your attorney present during questioning. Unfortunately, you do not have the right to consult an attorney before deciding whether to submit to a breath, blood, or urine test after a DUI arrest, as Nevada’s implied consent law requires drivers to submit to testing upon request after an arrest. 
  • Gather evidence from the incident: After an arrest, you can begin to gather and organize evidence from the arrest or a motor vehicle accident that can help you assemble a compelling defense strategy to fight your DUI/DWI charges.

Finally, contact a DUI defense attorney from De Castroverde Law Group Criminal & Immigration today for a confidential consultation to discuss your charges in detail and learn more about your legal options for pursuing a favorable resolution to your case. Don’t leave the outcome of your DWI/DUI charges to chance.