In Nevada, a fourth-offense DUI is a category B felony that carries

• 2 to 15 years in prison,
• $2,000 to $5,000 in fines, and
• A three-year driver’s license suspension.

Moreover, the judge is precluded from granting probation in lieu of state prison.

This is the case even:

• If the incident caused no injuries or
• If the prior convictions for driving under the influence occurred in other states.¹

Judges will likely choose a sentence on the higher end of the penalty range if you were transporting a child younger than 15 years old at the time of DUI.²

In this article, our Las Vegas DUI attorneys discuss the following DUI-fourth topics:

• 1. DUI Defined
• 2. Automatic Felony
• 3. Felony DUI Court
• 4. DUI 4th with Injury
• 5. DUI 4th with Death
• 6. Defenses
• 7. Immigration Consequences
• 8. Record Seals
• Additional Resources

1. DUI Defined

Nevada makes it a crime to drive while:

• Impaired by drugs or alcohol, or
• With a blood alcohol level (BAC) of .08% or higher, or
• With statutorily prohibited amounts of certain drugs in your system.

Therefore, even if you are perfectly sober and driving safely, you can be convicted of DUI for having an illegal BAC.  The opposite is also true: Even if your BAC is legal, you can still be convicted if the small amount of alcohol in your blood is impairing your driving.

A fourth-time drunk driving charge is a felony under Nevada DUI law.

2. Automatic Felony

In Nevada, it is an automatic felony when you commit a third DUI within seven years of the first. Then once you have that felony conviction for a DUI 3rd on your record, any subsequent DUIs are automatically prosecuted as felonies as well.

It makes no difference if the fourth DUI occurs more than seven years after the prior cases.³ The saying among prosecutors is, “Once a felon, always a felon.”

3. Felony DUI Court

Only certain DUI 3rd defendants are eligible for Felony DUI Treatment Court, which is an alternative sentencing treatment program where participants do intensive rehabilitation in lieu of incarceration. It is not open to DUI 4th defendants. ⁴

4. DUI 4th with Injury

Prosecutors bring charges for DUI causing injury (NRS 484C.430) whenever a suspected drunk/drugged driving case causes someone else substantial bodily harm. It does not matter whether you have prior DUI convictions.

Drunk driving causing injury is a category B felony, carrying:

• 2 to 20 years in prison;
• Fines of $2,000 to $5,000; and
• 3-year driver’s license revocation by the DMV following prison

If you have prior DUI convictions, the judge will likely impose a penalty near the higher end of the sentencing range.⁵

5. DUI 4th with Death

Prosecutors bring charges for vehicular homicide (NRS 484C.440) following a fatal drunk driving accident if you have three prior DUI convictions. How long ago those three convictions occurred or which states they were in makes no difference.

Vehicular homicide is a category A felony. The judge may impose either:

• 25 years in prison (with the possibility of parole after 10 years), or
• Life in prison (with the possibility of parole after 10 years)⁶

Note that vehicular homicide is an entirely separate offense from vehicular manslaughter (NRS 484B.657). Vehicular manslaughter is when a sober driver’s negligence causes a fatal accident.

A fourth-time drunk driving conviction carries 2 to 15 years in Nevada State Prison.

6. Defenses

There are various ways DUI lawyers can fight drunk driving charges under Nevada law. Ten possible defenses include:

1. The police officer did not have reasonable suspicion to make the initial traffic stop.
2. The police officer did not administer the field sobriety test correctly.
3. The breath test or blood test equipment was defective.
4. The breathalyzer had not been calibrated recently.
5. The person who administered the chemical tests was not certified.
6. The chemical tests were administered too long after the arrest.
7. You did not begin drinking or taking drugs until after being pulled over.
8. Your blood alcohol content (BAC) was legal while you were driving, and rising blood alcohol caused an illegal BAC result during the chemical tests later on.
9. You suffered from a medical condition that caused inaccurately high blood alcohol concentration levels, such as GERD.
10. The law enforcement officers committed misconduct, such as coercing a confession.

7. Immigration Consequences

Driving under the influence of alcohol is usually not deportable. However, if you are a non-citizen caught driving while intoxicated from illegal controlled substances, then prosecutors may have legal grounds to bring deportation proceedings.⁷

8. Record Seals

Felony DUI offense convictions may never be sealed from your criminal record in Nevada. However, if the charge was dismissed, you can petition for a record seal right away.⁸

Additional Resources

If you or someone you know is struggling with addiction, refer to the following:

• Alcoholics Anonymous – 12-step program to overcome alcohol addiction.
• Narcotics Anonymous – 12-step program to overcome drug addiction.
• Nar-Anon – 12-step program for family/friends of addicts.
• SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
• SAMHSA – Online treatment locator – Find rehabs by address or zip code.
• Crisis Support Services of Nevada – 24/7 hotline and support.

Also see our articles on

• First offense drunk driving,
• Second offense drunk driving, and
• Third offense drunk driving.