Las Vegas DUI Attorney

Drinking while driving is technically legal, as long as the driver is under the BAC limit. It’s still possible to be arrested or cited even if it’s well below the limit, if the officer believes it’s the driver is a danger to the public and the driver himself. It’s still considered a crime if the driver reached the limit even if he doesn’t feel the effects.

How a DUI arrest is made

Most of the evidence admitted at trial is based from the officer’s opinion that the suspect’s driving ability is impaired by alcohol. The officer describes the individual’s driving behavior, the interaction on the road, the arrest, the ride to the jail or hospital, and the breath and/or blood test results.  In reaching a decision to arrest, the officer relies on a combination of physical roadside testing and breathalyzers to assess the driver’s level of impairment.

Laws concerning DUI

Implied Consent Law means that all drivers must submit to a police officer’s request for BAC testing. Driving a vehicle automatically “implies” giving consent to be tested. This also gives the officer the right to use force to take samples from the driver.

Drivers can be arrested by violating the Open Container Law, which makes it illegal to drive any vehicle if there are any open alcoholic beverages in the car.

The Illegal Per Se Law is driving a vehicle with a BAC equal or above the prescribed limit, which makes it an offense in itself.

What is DUI?

Driving under the influence doesn’t necessarily mean driving impaired because of alcohol. Most over-the-counter drugs as well as illegal substances that interferes with a driver’s capability (drugged driving) to drive will cause in a driver’s arrest.

Alcohol

• It is unlawful for any person who’s under the influence of intoxicating liquor while in physical control of a vehicle;
• Has a blood alcohol concentration (BAC) of:
  • 0.02% for drivers under the age of 21;
  • 0.04% for commercial drivers (bus, taxi, etc.);
  • 0.08 for everyone else.
• Found within 2 hours after driving (after the fact);
• Driving while influenced in public places.
• Under the influence of a controlled substance while in physical control of a vehicle;

Drugs

• Reaching or going over the indicated legal limit (list below);
• Under the combined influence of a controlled substance and intoxicating liquor;
• Consuming any substance that can impair a person’s capability to drive safely;
• Driving in public places while influenced by drugs and/or alcohol.

Quick list of substances and their minimum limits

Penalties

The punishments for being convicted of DUI charges in Nevada are quite harsh, and each subsequent conviction within seven years of the latest offense will merit harsher penalties. It is very important that you acquire legal counsel immediately after being arrested since you will only have (7) seven days to request for an administrative hearing against your license being suspended.

First DUI Offense

• Jail time: A minimum of 48 hours in jail to a maximum of six months. The court may also choose to impose 96 hours of community service in lieu of jail time.
• Fines: Assessments and fines totaling a minimum of $400 to a maximum of $1,000 plus court costs.
• License suspension: A 90 day or 3 month suspension of your driver’s license.
• Other penalties: You will be required to attend a Victim Impact Panel and at least 8 hours of DUI school. You may also be required to install a Breath Interlock Device on your vehicle for 3 to 6 months.

See more information about First DUI Offense

Second DUI Offense

• Jail time: A minimum of 10 days in jail to a maximum of six months.
• Fines: Assessments and fines totaling a minimum of $750 to a maximum of $1,000 plus court costs.
• License suspension: A 1 year suspension of your driver’s license.
• Other penalties: You may be ordered to do 100 to 200 hours of community service and attend a Victim Impact Panel. You may also be required to install a Breath Interlock Device on your vehicle for 6 to 12 months.

See more information about Second DUI Offense

Third DUI Offense

• Felony: Three or more DUI convictions in seven years is a felony.
• Jail time: A minimum of 1 year to a maximum of 6 years in State Prison.
• Fines: Assessments and fines totaling a minimum of $2,000 to a maximum of $5,000 plus court costs.
• License suspension: A 3 year suspension of your driver’s license.
• Other penalties: You will be required to attend a Victim Impact Panel and you may be required to install a Breath Interlock Device on your vehicle for 12 to 36 months after being released from prison.

See more information about Third DUI Offense

Level the Playing Field – Contact Us

Contact us to obtain the help of an experienced Las Vegas DUI defense attorney. We will represent you in administrative hearings and present your case to the court with the ultimate objective of clearing your charges, acquitting you in trial or reducing your situation to a non-DUI one. Not only will you have one of the best legal counsels for DUI in Nevada, you will also suffer less stress and tension that results from DUI charges affecting your life.

References:

• DUI & DWI in Nevada
• CHAPTER 484C – DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE
• 484C.110 NRS
• 484C.400 NRS
• NRS 484B.130