A lot of tourists who flock to party in Las Vegas often forget that they can still be charged with Driving under the Influence (DUI)—a.k.a out-of-state DUI—even if they are not in their hometown. This is especially true now that the law enforcement of Las Vegas and the rest of Nevada is in deep vigilance about the matter.
When you are not a resident of the city, know that driving while intoxicated with alcohol and prohibited substances can get you penalized for the same DUI charges as a resident would receive and it would be even more complicated due to your residential status.
Let’s learn more about being arrested and eventually convicted of out-of-state DUI with this article to help whatever predicament you are facing now.
DUI constitutions for all
Being arrested for DUI offense in Nevada as an out of state resident follows the same procedure for regular DUI. When a police officer suspects you of DUI, you will be asked to pull over where you will be then examined to determine if you have exceeded the blood alcohol concentration (BAC) limit, as well as several field sobriety tests to further verify the suspicion. Be reminded that just like the other states in America, Las Vegas adopts the 0.08 BAC limit for the usual DUI case.
This also works vice versa. If you are from Las Vegas and you happened to be caught driving under the influence in another state, you will also be investigated by a police officer and will get arrested if you are verified to be drunk and drugged to the point that you are unfit for driving.
Penalties for out-of-state DUI
As we have previously established, an out of state resident who violates DUI laws in Las Vegas will endure consequences the same to what locals will receive. As written in NRS 484C, the penalties are as follows.
First offense
For a first DUI offense in Nevada within seven years, a misdemeanor should be in order that includes:
- Tuition payment for an educational course about alcohol and drugs which should be attended and completed by the defendant
- Two months to six months in Nevada jail
- 48 hours to 96 hours of community service
- Fines of $400 to $1,000
Second offense
A second DUI offense in Nevada within seven years is still misdemeanor albeit with a heavier set of penalties such as:
- 10 days to six months of jail time
- Residential confinement of 10 days to six months
- Fines ranging from $750 to $1,000
- Complete a treatment program about alcohol and drugs
If you refuse to concede on residential confinement whether in Las Vegas or your home state, you can be charged with a misdemeanor.
Third offense
If you violated DUI laws for the third time within seven years, you are guilty of category B felony that consists of:
- One to six years of prison term
- Fines of $2,000 to $5,000
Take note that as an out-of-state DUI offender, you may or may not face second and third offenses as you can get revoked of your driving privileges in Las Vegas and Nevada right with the first offense. This is unless you are arrested for DUI once again in the State after the prohibition to drive is completed.
Moreover, Nevada does not hold the rights to strip you of your driver’s license. This is reserved for your home state as agreed upon by the states involved in Interstate Driver’s License Compact. Your home state can also impose other penalties and fines once Nevada informs them of your offenses.
Know that you do not have to stay in Las Vegas after an arrest as a first and second DUI offense in Nevada is usually just a misdemeanor and you are not proven guilty yet. But it might be different once an out-of-state DUI turns into a felony or involved deaths.
Defenses you and your attorney can use
When you are back home, your out-of-state Las Vegas DUI lawyer can do the work for you to avoid a DUI conviction in Nevada but it is recommended that you keep close of your case as much as possible. This involves figuring out your defenses to use in the court and such ones you can use for your benefit are:
- Field sobriety tests were not performed properly
- You were involuntarily intoxicated
- You were driving even under the influence due to duress
- Police did misconduct such as improperly stopping you or hitting you unlawfully
When these defenses work, you won’t have to step back again in Nevada to face trials and your driving privileges will be restored sooner or later.
DUI will always be frowned upon and penalized—no matter what city you travel to. We understand how daunting it can be to be arrested for out of state DUI when you are away from your family or not under your home state’s jurisdiction. There are DUI lawyers in Las Vegas that specialize in out of state DUI that should provide you comfort through being there with you during your arrest and ultimately helping you be acquitted of DUI charges. Our most trusted advice, however, is to watch your intake before you drive, whether or not you are in the grounds of your own state.