Facing DUI Charges in Las Vegas, Nevada
Getting Arrested for DUI
A DUI charge does not have to destroy your life. Although the DUI laws in Nevada are strict, a good DUI lawyer can navigate the rules of the legal system to reduce a person’s penalty, and in some instances, even reduce or eliminate the charges.
A DUI charge is a crime in Nevada. The punishments for DUI are severe and get worse based on a record of DUIs and/or by the damage caused while driving under the influence. If you’ve been arrested for drunk driving and want to know how the law applies to your situation, call us at 702-432-1000. The initial consultation is free and confidential.
Driving under the influence (DUI), commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit. In the US, all states have set .08% blood alcohol concentration (BAS) as legal limit for DUI.
Is DUI a felony?
It can be. Your first two DUI arrests within seven (7) years are misdemeanors and your third DUI within seven years (7) is a Category B felony.
Testing for a DUI
Testing for a DUI has become more scientific and, as a result, can pin the accused to a strict liability offense.
In the state of Nevada the Blood Alcohol Concentration (BAC) test is used as a metric of alcohol intoxication. BAC is measured as a simple percent of alcohol in the blood by weight.
The following table shows the legal limit for DUI in Nevada.
|Drivers Under the Age of 21||0.02%|
|Commercial License Holders||0.04%|
The BAC applies only to alcohol. If any detectable amount of an illegal substance (e.g., cocaine or marijuana) is found in your blood, you may receive a greater penalty than you would for an alcohol.
Driving under the influence of alcohol or drugs is a serious offense and requires you to hire a DUI lawyer.
DUI Charges: 1st Time Offense
First time DUI offenses can come from driving with a Blood Alcohol Concentration (BAC) of .08 or more and from drug impairment. Even a person with a first time DUI can suffer large fines, be subject to alcohol counseling and spend a minimum of 2 days in jail.
These penalties are worse when a person is facing an elevated DUI charge, a BAC of .18 or greater.
DUI Charges: 2nd Time Offense
A DUI second offense within 7 years of the first DUI will trigger more serious consequences than a typical first time DUI. If a person is found guilty of DUI 2nd offense, there is a mandatory jail sentence for at least 10 days.
DUI Charges: 3rd Time Offense
When a person receives a third DUI within seven (7) years they face a category B felony. This is the second highest level of felony in Nevada. For a DUI third offense, a person faces a minimum 1 year in prison. Also, a DUI 3rd offense is not probational.
Whether you are a repeat offender or this is your first DUI, you need excellent legal counsel. Do not delay in getting a legal representation.
The following chart displays some of the potential penalties that can be handed down as a result of being found guilty of DUI:
|Charge||Jail Time||Suspension of License||Fine|
|1st DUI offense||Up to 6 Months||90 days||Up to $1,000|
|2nd DUI offense||Up to 6 months||1 year suspension||Up to $1,000|
|3rd DUI offense||Up to 6 years in prison||3 Year suspension||Breath Interlock Device|
Please Note: In Nevada, if you are driving under the influence with minors under the age of 15 in your car that will be considered an "aggravating circumstance" and may result in a much harsher penalty.
What Happens If You Get Arrested for DUI?
Most likely, you’ll be searched by the police, your car will get towed and you’ll be sent to jail where you’ll be “booked.” You may be able to get out of jail within a few hours of your arrest, either by posting bail or “on your own recognizance.”
Can a DUI Charge Be Dropped?
In many cases, but not always, a DUI charge can be dropped and replaced to a lesser charge, such as reckless driving. Every client’s case is different. Call us at 702-432-100, if you need legal advice or want to know what the best options are in your case.
How Long Does a DUI Stay on Your Driving Record?
Like most criminal conviction, a DUI charge stays on your record until it is sealed. Rules for record sealing are changing quite often. Check for the most recent DUI record sealing rules and exceptions.
DUI Charge Involving Narcotics
Because of the non-stop partying atmosphere in Las Vegas, a DUI criminal charge often involves drugs, such as marijuana or cocaine. These drug DUI cases are handled differently from regular DUIs. Read our article "DUID or Drug DUI Charges in Las Vegas, Nevada" and learn about charges, penalties, exceptions and defenses in drug DUI cases.
DUI With Children in a Car
Getting a DUI with a child or children in the car may give rise to additional charges and penalties than that of a mere DUI. Under Nevada law, having a child in the car while driving under the influence of alcohol is considered a child endangerment.
Child endangerment is like child abuse. It occurs when a parent or guardian leaves or places a child in a dangerous situation. Even if no harm actually occurs, you may be convicted of child endangerment by committing DUI with a child in the car.
What is Nevada DUI School?
DUI School in Nevada is a required course for all DUI offenders. The DUI class must meets all Nevada DMV and court standards for a DUI education course. The class must be at least 8 hours long, may be available on line, and cost approximately $250.00. If you have been charged with DUI in the state of Nevada, you mostly will take DUI School.
What is a DMV Hearing?
In almost all DUI cases, the Nevada Department of Motor Vehicles will suspended your driver's license. Once this happens, you have the right to appeal. This appeal is called a DMV hearing.
Important Information. In Nevada, a drivers license suspension is triggered by the arresting officer filling out a form called Officer Certification Cause.
Once the DMV receives the form, they send a letter to your last known address. Upon receipt of the letter you have 7 days to request a hearing and appeal the license suspension.
The office of Heshmati & Associates includes the DMV hearing as part of our representation for DUI clients. For more information call at 702-432-1000 or send an e-mail to firstname.lastname@example.org.
What Happens at DMV Hearing?
The DMV hearing is an administrative hearing. At this hearing evidence is admitted to a judge who decides whether or not the DMV rightful suspended your license. At this hearing your attorney may present evidence in your defense, cross-examine the witnesses against you, and make closing arguments on your behalf.
In Las Vegas, the DMV hearings are held at the DMV administrative offices located on 2701 E. Sahara Ave., Las Vegas, NV 89104.
Points are accumulated every time you receive a traffic related infraction. For example, receiving a speeding ticket puts 2-4 points on your license; DUI and reckless driving put 8 points on your license.
As a matter of law, if you accrue twelve or more points on your driver’s license within a one year period, the Department of Motor Vehicles in Nevada will suspend your driver's license for 180 days.
DUI and Keeping the Firearms at Home
Having a DUI on your record does not keep you from owning firearms. Please be advised that the issue of gun control is a very hot topic right now. It is possible that in the future having a DUI offense on your record could restrict your right to own a firearm, but at this time having a DUI has no effect on your right to own a gun.
Heshmati & Associates:
Las Vegas DUI Attorneys
If you are charged with drunk driving (DUI) in Las Vegas, Nevada, hire the best DUI lawyer you can find. Too much is at stake!
Heshmati & Associates helped hundreds of individuals charged with DUI / DWI.
Our clients live in Las Vegas, Henderson, North Vegas and throughout the State of Nevada. We also represent many out-of-state and international travelers arrested for DUI n Las Vegas.
Payment plans are available.
Call us 702-432-1000 with any questions you may have and ask to speak with a DUI lawyer.