DUI

Don’t Brush Off a DUI Nevada First Offense

While Nevada is not the toughest state on driving under the influence (our neighbor Arizona is), it certainly is not advisable to push your luck as Nevada is one of the tougher states in the US about drinking and driving. The reason is Nevada has the highest per capita fatality rate in the nation for alcohol related vehicle deaths. While death rates have been dropping since 2015, it is because Nevada now has no nonsense DUI laws. In fact, you do not even have to be actually driving to be charged with DUI in Nevada if you are in “actual physical control” of the vehicle, i.e. in possession of the keys, sitting in the driver’s seat, or the car running. It is not a charge easily beaten or reduced unless you have a good attorney that knows how to get the charges reduced or dropped. It is important when you find yourself with any DUI including a first offense to contact a competent Las Vegas DUI attorney to handle your case. 

A Las Vegas DUI First Offense carries a penalty of two days to six months in jail or 96 hours of community service, a Nevada DUI school is required (you have to pay for), a $400 – $1000 fine (Las Vegas usually has a flat $600) plus court costs, required attendance of a MADD lecture, other fees, and 185 day suspension of your license. Depending on your Blood Alcohol Content, or BAC, or if you are under 21, the mandatory drinking age in NV, you could face additional fines, mandatory alcohol assessment and treatment, a Nevada Breath Interlock device on your steering column, and other penalties. In Las Vegas the jail sentence is often changed to six months suspended. Most likely your vehicle will have been towed and impounded as well.

It is in your best interest to contact our office for a free consultation about your case so we can minimize the damage to your record from the misdemeanor, and hopefully obtain a restricted license after half the revocation is complete. An experienced attorney will work to get those charges reduced, so your car insurance does not go sky high. 

A Second DUI Las Vegas is Serious

The second Las Vegas DWI (DUI and DWI are interchangeable, NV uses DUI) gets more expensive. Remember that all alcohol related charges stay on your record for seven years.  A second DUI in Las Vegas will cost you $1100 net for a fine, 10 days to 6 months in jail or under monitored residential confinement, a Nevada Victim Impact Panel (MADD event), a drug and alcohol dependency evaluation ($100), an interlock device for 185 days, and that one year suspended license plus 5 days of registration revocation (that does not begin until you get out) will cost you $35 plus fees. In addition, if the judge allows you to utilize DUI Court, you will have a lengthy drug and alcohol rehabilitation.  

There are many things that figure into a good attorney being able to get your charges reduced or dropped. Officers make mistakes, there are lab errors, breathalyzers fail to register correctly, and evidence is contaminated. It is important to hire an attorney and provide any information that might help a Las Vegas DUI attorney who is well versed in the local courts and knows the area to be able to fight your charges or getting your case dismissed. 

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Las Vegas DUI Charges Have Long Lasting Effects

A third DUI offense in Nevada is a felony. As a category “B” felony, Nevada law requires 1 – 6 years in jail, fines between $2,000 – 5,000, a MADD panel, a Breath Interlock Device on your vehicle for 12-36 months after you get out, 3 years of license suspension or revocation, 5 days of registration revocation, $35 civil fees, costs for reinstatements, and drug and alcohol rehabilitation. While Nevada DUI law does require DUI prisoners to be housed separate from general prison population and in minimum security (so long as there was no serious injury, fatality, or minors present), jail time in Nevada is no cake walk. A third offense DUI in Las Vegas is defensible, though, by a qualified attorney who knows the court system, and knows the things that go wrong during an arrest, how evidence is handled, or during blood and breath tests. DUI is never a charge you should try to defend yourself, or show up to court without counsel. Contact our office for a free consultation and let’s talk about how to get your charges reduced or dismissed.

nevada dui penalties

Additional DUI Las Vegas Charges and Circumstances

Many factors figure in how a judge will look at your charges to consider the penalties. If you are facing a fourth or fifth DUI, unless the attorney representing you can get the charges reduced or dropped due to conditions or circumstances, you are probably facing substantial jail time. Judges are especially hard on CDL – Commercial Drivers License – holders due to their potential for injury to the public. (Two DUI’s with a CDL in Nevada and you permanently loose it, period.) If you happen to be DUI with a minor in the vehicle and are stopped, expect the charges and penalties to be substantially more severe. Many times a SCRAM bracelet will be ordered by the court for repeat offenders, which monitors your bloodstream for any alcohol consumption. 

If there is a fatality involved from your DUI charge, it is much more serious. Charges can range from 5 – 20 years in a Silver State prison. Nevada law does not allow much discretion on the part of judges to plea bargain when an injury to others or fatality is involved unless the evidence is very weak. If you have 3 or more previous DUI charges, a fatality incident caused by your DUI automatically becomes a Class “A” felony of vehicular homicide, with a life sentence of 25 years or more and no chance of parole until at least 10 years of time is served. In any injury or fatality DUI charge, you must seek counsel to have the best possible outcome for your case. 

DUI in Nevada Gets a Lot More Serious for Minors

While the BAC level in Nevada is .08% for those 21 and over, and .04% for CDL – Commercial drivers, the law is much more stringent for those under the legal drinking age of 21. BAC between 18 and 21 is .02%, and a minor does not have to be intoxicated to be charged. While an experienced attorney may be able to get the charges reduced, it is more challenging due to the lower levels of concentration required. A minor may be charged both with DUI and Minor Alcohol Possession at the same time. If the minor has used a fake ID to obtain alcohol, it carries the additional charge of False Representation of Being 21. Even loitering around where alcohol can be obtained, even if none is obtained, can lead to arrest of a minor in Nevada. 

Nevada has a zero tolerance policy for under age drinking of any kind and there are no exceptions for prom, a wedding, or a fight with your boyfriend. This includes if you were with a parent, spouse, or legal guardian legally drinking in their presence with their permission, which is legal in Nevada, then chose to drive. Any minor charged with DUI needs to immediately obtain the services of an experienced Las Vegas DWI attorney.

A service handled by a Nevada DUI attorney that helps a minor is the ability to request a sealing of records. If the DUI occurred to a minor over 18, they have to wait one full year to request a record be sealed. If, however, they are under 18, it is a more difficult process. They must wait until they are over 21, three years must have passed since the charge, there can be no additional misdemeanors or felonies of any kind on their record since the charge, and they must prove they have been rehabilitated and no longer involved in “moral turpitude”. Record sealing can help a young person get a much better start in life for college applications, joining the military, obtaining credit, or getting a first job. We specialize in handling minor records being sealed and would be happy to discuss how to make it happen. 

DUI in Las Vegas Is Also for Drugs, Even Recreational Legal Drugs

DUI or Driving Under the Influence does not just mean alcohol, it means any drug that impairs your ability to drive safely and maintain control of your vehicle. This includes prescriptions, illegal drugs, and drugs that are legal for recreational use. Blood, urine, and/or breath tests are mandatory to be submitted to in Nevada or you loose your driving privilege for one year on first refusal to cooperate since Nevada driving privilege is based on “implied consent”. Basically this means that you know driving is a responsibility, and you are willing to follow the laws, including being tested for intoxicants. 

Officers look for erratic and unsafe behavior, and know that drug impaired driving is just as dangerous as alcohol impairment. If you have received a DUI for driving under drug influence, come talk to us. We may be able to get a reduction in charges due to a variety of issues ranging from medical conditions to the location you were at in relation to going home. We are experienced in working with you and challenging the court to make them prove their case. Our consultations are free and we have years of experience defending Las Vegas residents on drug related charges

Nevada DUI Penalties are Tough, But So Are We

Nevada’s no nonsense laws about driving intoxicated are there to keep the public – and you – safe. There are many factors that determine whether you have actual physical control of a vehicle while intoxicated, ranging from where the keys are, where you were in the vehicle when the officer detained you, the time of day, where the vehicle was, and even if your headlights are on and what position you were in when the officer apprehended you.  All these factors, including if you were in the back seat sleeping it off, are things your attorney can use to try and mitigate your charges. 

When you have a run in with the law and end up with a DUI, it can have a long-term affect on your life. Your car insurance rates usually raise dramatically, you have an arrest on your record that often will cost you jobs in Nevada, and it affects your driving record for a very long time. When you need help fighting a DUI charge, call us. Dave Brown, Las Vegas DUI Attorney knows how to defend you and minimize the problems. Our initial consultation is free, and we will provide you fair, unbiased counsel to help you deal with the charges.