Harsh Punishments and First Offense DUI Penalties

Motor vehicle accidents are the leading cause of death in the United States for persons under age 24, according to the Centers for Disease Control and Prevention Morbidity and Mortality Reports. Of those deaths, more than 40 percent are alcohol-related. Alcohol-related accidents are so prevalent; an estimated 40 percent of all persons in the United States will be involved in a traffic mishap attributable to alcohol at some point in their lives. The penalties have increased and have been made harsher for drinking and driving, even the first offense DUI penalties. Many state legislatures have passed laws requiring mandatory jail time for repeat DUI convictions. The fines have gotten larger, the length of license suspension has gotten longer and getting a “hardship” license just to go back and forth to work is getting more difficult. In the State of Nevada, your DUI attorney will tell you that a DUI offense is normally taken as a misdemeanor. However, the prosecutors will bring felony drunk driving charges in Las Vegas under two situations, namely, if the suspect had two (2) previous DUI convictions in the last seven (7) years, or if the DUI incident resulted in a fatality or serious bodily injury to another person. Your attorney will also tell you that the first offense DUI penalties usually imposed are:

1. 2 days to 6 months in jail OR 24 hours to 96 hours of community service, although the court sometimes imposes a suspended jail sentence of 6 months
2. Mandatory attendance in a Nevada DUI School for an alcohol awareness program at your own expense
3. Fines ranging from $400 to $1,000 plus court costs (usually a net $600 fine for first-offense DUI)
4. Mandatory participation in a Nevada Victim Impact Panel (a Mothers Against Drunk Driving or MADD lecture)
5. If you’re under 21 or if your BAC was .18 or greater, an alcohol/drug dependency evaluation that costs $100
6. If your BAC was .18 or greater, an alcohol or drug abuse treatment program
7. If your BAC was .18 or greater, a Breath Interlock Device in your car for 12 months to 36 months (if your BAC was less than .18, the court may order the Breath Interlock Device for 3 months to 6 months)
8. 90 days suspension of your driver’s license and a $35 civil penalty fee (you may be able to get a restricted license after 45 days).

Depending on the facts of your case, and on how well your DUI Lawyer prepares your defense, it may be possible to get the drunk driving charges lessened or dismissed. If so, the Nevada first offense DUI penalties may be correspondingly substantially reduced or even eliminated.