Dui Attorney Las Vegas Nv – DUI cases in Las Vegas are never definitively resolved. Even if your breathalyzer or blood test is over the limit, often an experienced DUI attorney can use it to get the charge reduced – or even dismissed. We understand how stressful this time can be, but it’s important to get your DUI defense under control as soon as possible. Contact Spartacus Law Firm now to get help from our experienced Las Vegas DUI attorneys.
Driving under the influence (DUI) charges can be serious and the penalties are often not favorable to those charged. There are many factors to consider when determining fines, penalties, and fees for drunk driving, which means the consequences of a DUI will vary widely. To ensure that your case receives the best defense possible, it is important that you work with an attorney who will fight aggressively for you.
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At Spartacus Law Firm, our team of proven and resourceful Las Vegas DUI attorneys will provide you with a strong defense and specialized legal representation. Call us at (702) 660-1234 to schedule a free consultation.
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It is considered bad if a person is under the influence of drugs or alcohol. NRS 484B.653 criminalizes reckless driving, which is a more serious offense than simple negligence. Drivers will face DUI charges in Las Vegas if they had a blood alcohol concentration (BAC) of 0.08% or higher at the time of the accident. It also applies to drivers under 21 years of age with a BAC of 0.02% or higher and commercially licensed drivers with a BAC of 0.04% or higher.
DUI penalties in Nevada will vary depending on whether the incident is a first, second, or third offense. In DUI cases that result in death, the driver will be charged with a Class B misdemeanor and face much harsher penalties.
Possible penalties for a DUI include criminal arrest, vehicle confiscation, jail time or concurrent community service hours, fines of hundreds of thousands of dollars, DUI school or regulatory agencies drugs, Victim Impact Panels and permanent damage to your driving record. In some cases, a DUI offender can avoid jail time if a Misdemeanor or Felony DUI court program is completed. This is an intensive rehabilitation program that is not for everyone, and eligibility is often determined by a judge.
Do you need a Las Vegas DUI attorney? Understanding First, Second, and Third DUI Offenses First DUI Offenses in Nevada
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A first DUI offense within 7 years is punishable by 2 days in jail (or the equivalent of community service) with a maximum of 180 days in jail, a minimum fine of $400, and a minimum license revocation of 185 days. Offenders may also be required to attend DUI school, typically an eight-hour class that can be completed online, as well as a victim impact panel. If a person has a blood alcohol concentration (BAC) above 0.18%, they will be assessed for alcohol/drugs and they will have to pay the cost of smoke alarms for 12-36 months.
A second DUI offense will result in a mandatory 10 days in jail or 7 years of house arrest, up to 180 days in jail, a $750 fine, and a 1-year license revocation. An alcohol/drug assessment will be conducted and an alarm will be placed on the offender’s vehicle for at least 185 days at their own expense. If a person’s blood alcohol concentration (BAC) is above 0.18%, the ignition will be installed in the car within 12-36 months.
A third DUI offense within seven years will result in a Class B conviction. A person convicted of a third DUI offense will face 1 to 6 years in prison, pay a minimum fine of $2,000, and have their driver’s license suspended for 3 years. Will be offered an alcohol/drug assessment and will have an alarm installed in their vehicle for 12-36 months at their own expense. The penalties for many DUI offenses can be severe and you should seek representation from a Las Vegas DUI defense attorney.
The Nevada Revised Statutes (NRS) are the most up-to-date codified statutes in Nevada. Several laws deal with DUI violations and driving charges. Below is a list of Nevada laws related to DUI and driving to consider:
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If you are pulled over and suspected of drunk driving, Nevada has laws that can be used to test whether you are under the influence of alcohol, drugs, prescription drugs or marijuana. Standard tests used include blood tests, breath tests, and urine tests. The results of these tests can confirm whether you are intoxicated and to what extent. There is a common misconception that you cannot be convicted of DUI without blood, breath or urine test results, so you must refuse to take the test. Nevada Statute 484C.160 states: “A person who drives or operates a motor vehicle on a highway or in a building open to the public shall be deemed to have consented to submit to a blood or urine test.” , breath or other approved bodily substances.” to determine the alcohol concentration in his blood or breath…”
Until 2013, police could forcibly take blood under Nevada’s search laws. In Missouri v. McNeely, 569 U.S. 141 (2013), the U.S. Supreme Court spoke directly to states with arrest laws, ruling that police cannot subject a DUI suspect to a blood test without no search warrant.
But more recently, in Mitchell v. Wisconsin, 139 S.Ct 2525 (2019), the United States Supreme Court ruled that police may order a warrantless blood draw from an unconscious person suspected of drunk driving . . The Supreme Court said it applied a narrow scope, but there’s no denying that the Mitchell decision makes it easier for law enforcement to justify bloodless searches of drunk drivers.
If you fail a breath, blood or urine test, your driver’s license may be suspended for one year. Your refusal may be considered evidence of guilt at your DUI hearing. By law, drivers in Nevada must submit to a PBT (initial breath test) when police suspect them of a DUI. It should be noted that refusing to use PBT also leads to consequences such as:
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But even if it is legal to agree to take the PBT, the police cannot force you to take the test. If you decide to decline a preliminary blood test, speak with a Clark County DUI attorney as soon as possible.
In cases where a DUI causes the wrongful death of another person, the offender will be charged with a class B felony, punishable by imprisonment from 2 to 20 years (except for violent crimes). Other penalties for a fatal DUI include fines ranging from $2,000 to $2,000, requiring the victim to participate in a victim impact panel, and fitting a gas mask in their vehicle for at least 1 year after discharge from the hospital. An alcohol/drug assessment will also be performed at this time. Learn more about DUI accidents and how you could go to jail for a car accident here.
42.5 million people visit Las Vegas every year. And with a 24-hour party atmosphere, easy sales and abundant alcohol, out-of-state arrests are a common occurrence. Tourists often do not understand the law. They think the law is easier in Las Vegas than back home. For example, it is legal to carry open alcohol in designated areas such as lanes. But it’s not legal to drive with one. Being drunk in public is not a crime, but if police find a person engaging in intentionally violent, aggressive or quarrelsome behavior they can arrest them for disorderly conduct or disorderly conduct. .
If you were recently arrested for a DUI during a trip to Las Vegas, you need an experienced Las Vegas DUI attorney to represent you. Spartak Law Firm can handle all aspects of your case on your behalf. This means you do not have to attend court dates or provide necessary documents. You can go home knowing you’re in good hands.
Criminal Defense Las Vegas
If you are charged with a DUI offense in Las Vegas, the DMV will report the offense to the appropriate state agency in your state. Each state handles crime differently, but some of the actions you may face include:
Often, police officers are not properly trained in NHTSA (National Highway Traffic Safety Administration) procedures or do not perform the tests properly. A Las Vegas DUI defense attorney can use this to your advantage. NHTSA DUI Handbook
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