A second DUI in Nevada

A second offence within seven years is still a misdemeanor in Nevada, and the fine barely moves. What moves is the custody floor and the shape of the sentence. The two-day floor becomes ten days, and the choice the court had on a first offence disappears: it must sentence the person to ten days to six months in jail or in residential confinement, full stop. Community service survives only as a way to work off the fine, not the confinement. A treatment programme is mandatory, and failing or refusing to complete either the residential confinement or the treatment is itself a separate misdemeanor. The third offence within seven years is where Nevada crosses into a category B felony with a one-to-six-year prison term.

Start from what the statute forces and what it leaves to the judge. The floor here is not less than 10 days nor more than 6 months — jail or residential confinement. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Misdemeanor: not less than 10 days nor more than 6 months — jail or residential confinement, and a fine of $750 to $1,000, or the equivalent in community service hours. The range is set by Nev. Rev. Stat. § 484C.400(1)(b), (1)(c), and the figures on this page come from the statute rather than from a summary of it.

Nevada lets you reinstate before the revocation period ends by fitting a device on any vehicle you operate — the DMV lists it as the early reinstatement option. The device carries a camera that verifies who is blowing, and you are retested at random while driving. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by The sentencing court, with the record held by Nevada DMV and Department of Public Safety.