Las Vegas Nevada Dui Lawyers – DUI cases in Las Vegas are almost never resolved. Even if the breathalyzer or blood test exceeds the legal limit, an experienced DUI attorney can often work on multiple issues to obtain a reduction or even dismissal of the charge. We understand how stressful this time can be, but it is important that you take control of your DUI defense as quickly as possible. Contact Spartacus Law Firm now to receive help from our experienced Las Vegas DUI attorney.
Driving under the influence (DUI) charges can be serious and the penalties are often unfavorable to the defendant. There are many factors to consider when assessing fines, penalties and fees for a cited driver, so the consequences of driving under the influence vary from case to case. To ensure you receive the best possible defense in your case, it is important that you work with a criminal defense attorney who will fight aggressively on your behalf.
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At Spartacus Law Firm, our proven and resourceful team of Las Vegas DUI attorneys will provide you with a strong defense and dedicated legal representation. Call us at (702) 660-1234 to schedule a free consultation.
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A person is considered drunk if they are under the influence of drugs or alcohol to the extent that they drive carelessly. NRS 484B.653 criminalizes careless driving, making it a much more serious offense than simple negligence. A driver in Las Vegas will be charged with drunk driving if their blood alcohol concentration (BAC) is 0.08% or higher at the time of the accident. The same applies to drivers under 21 with a blood alcohol content of 0.02% or higher and to commercial drivers with a blood alcohol content of 0.04% or higher.
Penalties for driving under the influence in Nevada vary depending on whether the incident was the first, second or third offense. In drunk driving cases that result in death, the driver will be charged with a Class B misdemeanor and face a much harsher penalty.
Possible penalties for drunk driving charges include felony arrest, a vehicle stop, jail time or equivalent hours of community service, fines ranging from hundreds to thousands of dollars, treatment for driving under the influence or substance abuse in school, a victim -Impact panel and permanent damage to your driving record. In some cases, a DUI offender can avoid prison time by completing a trial in misdemeanor or felony court. This is an intensive rehabilitation program that is not available to everyone and whose eligibility is often determined by a judge.
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A first DUI offense within 7 years results in a misdemeanor charge with a mandatory jail sentence of 2 days (or equivalent community service), a maximum jail sentence of 180 days, a minimum fine of $400, and a minimum of 185 driver’s license suspension days. The offender may also be required to attend a DUI school, which is typically an 8-hour course that can be completed online, as well as a victim support group. If a person’s blood alcohol concentration (BAC) is greater than 0.18%, they will be recommended for an alcohol/drug evaluation and placed in an immobilized car at their expense for 12-36 months.
A second DUI offense within 7 years results in a misdemeanor charge with 10 days in jail or house arrest, a maximum jail sentence of 180 days, a $750 fine, and a one-year driver’s license suspension. An alcohol/drug screening will be conducted and the offender will be provided with a breathalyzer in their vehicle at their own expense for a minimum of 185 days. If a person’s BAC is more than 0.18%, their car will last 12 to 36 months.
A third DUI offense within 7 years is a Class B felony. Offenders with a Driving Under the Influence (DUI) 3 charge must spend 1-6 years in prison, pay a minimum fine of $2,000, and have their driver’s license suspended withdrawn for 3 years. Alcohol/drug dependency testing in your vehicle for 12-36 months is recommended at your own expense. The penalty for multiple DUI violations can be severe, so it is recommended that you contact a qualified DUI attorney in Las Vegas.
The Nevada Revised Statutes (NRS) are the oldest laws in Nevada. Several laws address DUI offenses and reckless driving charges. Here is a list of DUI laws and other laws related to driving in Nevada for you to review:
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If you are drunk and are suspected of driving under the influence, Nevada has laws that govern the tests used to determine whether you are under the influence of alcohol, drugs, prescription medications, or marijuana. Standard tests include blood tests, breath tests and urine tests. The results of these tests can prove whether and how drunk you are. There is a misconception that without the results of a blood, breath or urine test you cannot be convicted of drunk driving and therefore must refuse the test. Nevada Statute 484C.160 states that “every person operating, or in actual control of, a motor vehicle on a highway or on any place open to the public has consented to a search of his or her evidence. Blood, urine, breath.” or other body substance to determine the concentration of alcohol in his blood or breath.
Until 2013, police could force blood collection under Nevada’s implied consent laws. In the case of Missouri v. In McNeely, 569 U.S. 141 (2013), the United States Supreme Court directly addressed state implied consent laws and held that police can no longer compel intoxicated suspects to provide a blood sample unless they have a search warrant.
In the recent case of Mitchell v. In Wisconsin, 139 S.Ct 2525 (2019), the United States Supreme Court ruled that police may, without a warrant, order a blood sample from an unconscious person suspected of driving under the influence. . The Supreme Court noted that these are a narrow class of cases, but there is no denying that the Mitchell ruling makes it easier for law enforcement to justify taking blood samples from drunk drivers without giving a reason.
If you fail to take a breath, blood or urine test, your driver’s license may be revoked for one year. And your refusal may be considered evidence of guilt at your DUI hearing. By law, Nevada drivers are required to take a PBT test (preliminary breath test) if an officer suspects them of driving under the influence. It is important to note that refusing a PBT also has consequences such as:
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Although consent to PBT is required by law, the police cannot force you to take the test. If you have decided to forego the preliminary blood test, speak with a Clark County DUI attorney as soon as possible.
In the event of a DUI that results in the wrongful death of another person, the offender will be charged with a Class B felony with a prison sentence of 2 to 20 years (for non-violent offenders). Additional penalties for a fatal DUI accident include fines of $2,000 to $5,000, attendance at a victim impact panel, and carrying a breathalyzer in your vehicle at your own expense for at least one year after release. An alcohol/drug dependency assessment is also carried out at this stage. Learn more about DUI accidents and whether you can go to jail for a car accident here.
42.5 million people visit Las Vegas every year. And given the 24-hour party atmosphere, easy access to alcohol, and high traffic volumes, it’s no surprise that out-of-state drunk driving arrests are very common. Critics often misunderstand the law. They believe that the laws in Las Vegas are simpler than in their state. For example, in designated areas such as the Strip, you are allowed to bring an open drink. However, it is illegal to drive it. Public drunkenness is not a crime, but if police catch a person intentionally making loud noises, behaving aggressively, or starting a fight, they may be arrested for breach of the peace or disorderly conduct.
If you were recently arrested for drunk driving during a trip to Las Vegas, you need an experienced Las Vegas drunk driving attorney to represent you. Spartacus Law Firm can handle all aspects of your case on your behalf. This means that you do not have to attend court hearings or submit the necessary documents yourself. You can go home knowing you are in good hands.
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If you are convicted of a DUI in Las Vegas, the DMV will report the crime to the appropriate government agency in your state. Each state handles violations differently, but some of the actions you may face include:
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Most of the time, police are not or cannot be adequately trained in NHTSA (National Highway Traffic Safety Administration) procedures.
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