An aggravated driving under the influence (DUI) accusation can threaten your liberty, driver’s license, and future. Nevada law does not label any offense “aggravated DUI.” The phrase generally refers to felony-level DUI charges involving prior convictions, serious injury, or, in some cases, death. A Reno aggravated DUI lawyer can identify the exact charging theory and determine where the state’s case may be vulnerable.
A DUI defense attorney can actively contest the accusation rather than assuming the outcome. The Law Office of John Arrascada will examine the stop, chemical testing, prior-offense records, and any alleged crash evidence. Mr. Arrascada gives direct advice, prepares aggressively, and personally handles your case from the initial investigation through the final resolution.
The state generally prosecutes a third DUI within the seven-year lookback period as a category B felony. Under Nevada Revised Statutes 484C.400, that offense carries one to six years in prison. The state also prosecutes a new DUI charge at the felony level after any prior felony DUI, even when the new allegation does not involve an injury.
An experienced Reno attorney can verify whether earlier convictions legally elevate a DUI charge to the felony level. Prior-case records may contain identity issues or incomplete dispositions, and earlier convictions may carry constitutional defects. Timing also matters because the prosecution must prove that the prior cases fit the applicable enhancement rules. Mr. Arrascada will review the underlying court documents rather than accepting the prosecution’s summary of your history.
A DUI accusation involving death or substantial bodily harm is a category B felony with substantially greater exposure, generally carrying two to 20 years in prison. For a driver with multiple prior DUI convictions, a later DUI allegation involving a death may support an even more serious felony prosecution. These cases require prompt review of:
Other facts can shape charging decisions and sentencing arguments even when they do not independently constitute a felony. A very high blood alcohol concentration, a child in the vehicle, or alleged reckless conduct can increase the pressure on the defense. The general blood alcohol threshold is 0.08, with lower limits applying to commercial drivers and drivers under 21.
For a Reno impaired driving case that carries a felony accusation, a skilled attorney can separate provable facts from assumptions that lack evidentiary support. Mr. Arrascada will examine whether impairment caused the alleged injury, whether another event contributed to the crash, and whether the testing procedures produced reliable results. That analysis can expose gaps that materially change the direction of the case.
If you face a felony DUI charge, you generally do not qualify for diversion or treatment options that may be available in lower-level DUI cases. It is critical to begin developing your defense early, before testimony and physical evidence become harder to evaluate. A Reno lawyer can identify legal and factual challenges in a felony-level drunk driving prosecution and preserve the record for negotiation or trial. Evidence that can be challenged may include:
The appropriate strategy depends on the evidence, and prompt action can help expose weaknesses in the prosecution’s case.
A felony accusation requires a disciplined response rather than assumptions of guilt. A seasoned Reno aggravated DUI lawyer can assess the enhancement allegations, test the prosecution’s evidence, and explain the decisions ahead.
With years of courtroom experience, John Arrascada is a highly respected advocate who will artfully and skillfully assist you while giving your case focused, personalized attention. Call today to schedule a consultation and begin building a defense.
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