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Nevada DUI Attorney

Nevada DUI laws make it a crime for anyone to operate a motor vehicle while under the influence of alcohol or drugs. These laws are designed to prevent people from driving under the influence and causing serious injury or death to other motorists and pedestrians. Because it is a crime to drive while under the influence, being convicted of such an offense can result in serious consequences. These consequences can affect your entire life, so you should contact a Nevada DUI attorney to preserve your rights and find out how you can defend yourself against driving under the influence charges.

When you are arrested for driving under the influence, you are being arrested for operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. There are two separate ways that you can be prosecuted for driving under the influence. One deals with the level of impairment you were experiencing at the time of your arrest. If the law enforcement officer noticed dangerous driving habits, the smell of alcohol on your breath, or that you had an intoxicated appearance, you will be prosecuted based on this impairment. Another type of theory of prosecution is Nevada’s “per se” law. This means that having a blood alcohol concentration level of 0.08% or greater can lead to DUI charges even if you did not appear to be impaired. There is also an implied consent law in the state of Nevada. This means that, just by getting a driver’s license in Nevada or driving on Nevada roads, you are consenting to chemical testing of your breath or blood to determine your blood alcohol concentration level. The police may force you to chemical testing because you no longer have a right to refuse this type of testing.

When you are arrested for driving under the influence in Nevada, two separate cases take place. One is administrative in nature and deals with your driving privileges in the state of Nevada. The other is the criminal court case for the charges that will be brought against you for driving under the influence. Both types of cases carry penalties that can be severe and impact entire life. If you are convicted, these penalties have the potential to make it difficult to get or keep a job and to get to medical appointments or other necessary places. This is why having a Nevada DUI lawyer to represent you in your DUI case is vital. The chances of winning your case without being represented by a skilled Nevada DUI attorney are slim to none. DUI is a specialized area of the law, so you should have a trained and experienced DUI professional by your side.

The criminal penalties for driving under the influence in Nevada can be severe depending on the circumstances of your case. The look-back period is 7 years in Nevada, which can affect the way you are charged when arrested for driving under the influence. If you have not had any alcohol-related convictions in the seven years preceding your most recent arrest and conviction, then you will be charged with a first offense. If you have other convictions within the 7-year period, you will be charged with a second or subsequent offense. For a first offense, the penalties are 48 hours to 6 months of jail time or a minimum of 96 hours of community service in lieu of this jail sentence. You will have to pay a fine of $340 $1,175 and a 90-day license suspension. 8 hours of DUI school are always imposed, but you may have to attend further programs if your blood alcohol level was 0.18% or more. You may also have to have an ignition interlock device in your vehicle for three to six months. The penalties for a second offense are a minimum of ten days to up to six months in jail, fines and assessments of $675 to $1,175, a one year loss of your driver’s license, 100 to 200 hours of community service, DUI assessment programs, ignition interlock device installation, and a $35.00 penalty payable to the DMV. A third or subsequent DUI offense will result in a minimum of one year to six years of jail time in a state facility, fines of $2,085 to $5,085, three year loss of license, ignition interlock device installation, mandatory victim impact panel, and a $35 penalty payable to the DMV.

If your offense causes an accident that causes death or serious injuries, you will face felony DUI charges. This is the case even if it is your first DUI conviction. The penalties for this type of conviction are a minimum of two years up to twenty years in prison and fines of not less than $2,000 and not more than $5,000. Because a DUI conviction can make your life difficult, it is important to have a Nevada DUI attorney represent you during any proceedings. A skilled Nevada DUI lawyer will help you to prepare for your case and speak on your behalf before the court imposes any penalties.