Las Vegas Criminal Defense
Las Vegas Felony DUI Lawyer
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A felony DUI charge calls for an immediate review of the alleged injury, prior convictions, testing, and charging documents. The felony label is not the full story.
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Felony DUI in Las Vegas
Some Nevada DUI cases are charged as felonies because of an alleged injury or death; others turn on qualifying prior offenses. The State must still prove the elements of the charged offense.
A focused defense starts by separating the driving allegation, causation, medical evidence, and prior-record issues.
Understanding the allegation
How Nevada Law Addresses Felony DUI
NRS 484C.400 and 484C.430 address different felony DUI circumstances. The particular subsection matters for classification and possible penalties.
A felony DUI may be based on qualifying history or a separate allegation of serious harm. Those routes require different proof. The complaint, prior judgments, crash evidence, and test records should be reviewed together.
Do not infer the applicable sentence from the word “felony” alone. Enhancements, other counts, and the factual record require case-specific analysis.
Beyond the initial allegation
Felony DUI Cases Follow Different Paths
A felony label may arise from qualifying history or from a crash involving alleged serious harm. One path places prior judgments at the center of the case; another may require reconstruction, medical records, and proof of causation. The charging document identifies which path the State chose.
Felony procedure can also differ from a misdemeanor DUI case. Preserve release conditions, appearance notices, and the full discovery record. The first strategic question is which elements and enhancements the prosecution must prove, not whether a generic penalty chart looks severe.
A prior felony DUI is its own charging issue
NRS 484C.410 addresses specified earlier felony DUI-related convictions separately from the third-offense-within-seven-years provision. If the State relies on an earlier felony, obtain the certified judgment and identify the exact statute and disposition; do not assume the ordinary seven-year misdemeanor lookback answers the question.
What comes next
What to Do Next
Preserve the charging papers, crash or arrest reports, test records, and prior-case documents. Note all court dates and release conditions. Counsel can identify which factual and legal elements are genuinely contested.
Review the paperwork
Confirm the charge, court, dates, and any conditions.
Preserve the record
Keep documents, messages, and other relevant material intact.
Examine the evidence
Compare the allegation with records and witness accounts.
Plan the response
Discuss available options based on the specific case.
The evidence matters
Evidence and Questions That Matter
The full record may answer questions that a short report cannot.
- Prior-case judgments and statutory qualification
- Crash reconstruction and medical records when injury is alleged
- Driving timeline, video, and witness vantage points
- Chemical-test collection, maintenance, and laboratory records
Explore related issues
Related DUI Defense Topics
Explore the other issues in this practice area and how they may affect a case.
People defend people
Why Choose Shimer Zach?
We approach criminal matters with preparation, direct communication, and close attention to the details that shape the decisions ahead. You deserve to understand the process and your options.
Straight answers to common questions
Felony DUI Frequently Asked Questions
Can a DUI without a crash be a felony?
Yes, qualifying prior offenses can affect the charge. The statute and prior records must be reviewed.
Does a crash prove DUI caused an injury?
No. Impairment and causation are distinct issues that require evidence.
Primary sources
Nevada Law and Court Information
Legal information changes. This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship, and no result is guaranteed.
