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DUI – First Offense
Being convicted of a DUI charge carries with it heavy penalties that even someone with no previous record has to face. Nevada has set minimum mandatory penalties that the court must apply after a DUI conviction. There are many consequences and punishments with a first DUI conviction, but there are also many possible defenses that you can use with the help of a Las Vegas DUI lawyer.
Nevada Revised Statute Section 484C.110: Driving Under The Influence First Offense
In Las Vegas, driving or having physical control over a motor vehicle while a person is drunk or high on drugs, is considered as illegal. Regardless if the driver is driving safely and not impaired, it is still per se
illegal to drive with a Blood Alcohol Limit (BAC) of 0.08 or above or if the blood contains too much of a certain drugs.
Defenses against First DUI
The defense for a First DUI in Las Vegas depends on the facts of the case gathered. A good DUI attorney would thoroughly examine every piece of the evidence which includes the confrontation of the police and the driver, if there are witnesses in the area when the incident happened, and how BAC was determined.
Proving if the defendant is guilty beyond reasonable doubt
before the judge is not easy. A good Las Vegas DUI defense lawyer can raise reasonable doubts in drunk-driving charges by proving the following:
- The law enforcer lacked probable cause to pull the defendant over.
- The law enforcer did not conduct the field sobriety test (FST) properly.
- The breath or blood test equipment did not work properly or was misused.
- The defendant had a physical condition that caused alcohol-detection equipment to register inaccurate readings.
Penalties for First DUI
The penalties for DUI convictions depend on how many previous DUI convictions you’ve had in the last seven years, calculated starting from the most recent arrest date.
If you enter a “guilty” or “no contest” plea, Nevada law requires the court to impose the following mandatory penalties for a first DUI:
- 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 that sum up 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. You are not allowed to do any driving for the first 45 days but afterwards you can apply for a restricted driver’s license that you can use for work purposes until the entire suspension is over.
- DUI school: You will be required to enroll in a traffic safety program known as the DUI School for 8 hours, which costs $150.
- Alcohol treatment: For a blood alcohol concentration (BAC) of 0.08% or above, you may be required to finish an alcohol treatment program as recommended by Nevada’s Health Dept.
- For BAC of 0.18% or more: Additional penalties may be applied for a BAC of 0.18% or higher including:
- DUI Assessment Program fee $100
- Victim Impact Panel fee, $40
- Installation and maintenance of Breath Interlock Devices on your car for 12 to 36 months
- Extensive counseling for alcohol or drug-related issues as determined by the DUI Assessment Program
Defend against DUI charges
If you’ve been arrested for a first DUI offense in Las Vegas, you need to immediately contact an experienced DUI Lawyer
. Goodman Law Group can provide you free and confidential consultation so that you can make sure that you have the best defense against DUI charges.