Nevada DUI
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Nevada DUI
DUI Las Vegas
DUI Las Vegas
1
Statutes: Driving under the Influence
Way to many people wind up staying in Vegas, they are charged with DUI
2
Penalties
Nevada has harsh DUI laws. Although many states' DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.
3
Details on license suspension and revocation
You can usually avoid trial by entering a plea bargain, where you're sentenced to the minimum punishment or even have your DUI charge reduced to a lesser offense. Depending on the case, your attorney may even be able to persuade the prosecutors to dismiss the charge completely
4
Information on whether and how a license can be reinstated following a DUI offense
The DMV will suspend your license for several months or even years depending on your case. But you are entitled to a DMV hearing, which is like a trial, to contest the suspension
5
Blood Alcohol Concentration Limit
The illegal blood alcohol concentration (BAC) limit in Nevada is: 0.02% for drivers under the age of 21 0.04% for commercial license holders 0.08% for everyone else The BAC applies only to alcohol. If any detectable amount of an illegal substance―like cocaine or marijuana―is found in your blood, you'll receive at least the same penalties as you would for alcohol, and perhaps even more.
6
Nevada has an implied consent law
What if you refuse to take a chemical test in Nevada? The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
7
In Nevada, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. If you are caught driving or in actual physical
In Nevada, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. Actual physical control of a vehicle with this high of a BAC, is DUI. You can also be charged with a DUI if it is apparent that alcohol is affecting your driving, even if your BAC is lower than 0.08. Nevada has an implied consent law, which means that you cannot, by law, refuse to submit to a blood alcohol test if asked to so. It also means that law enforcement can use "reasonable force" to obtain blood samples from someone suspected of drinking and driving. Penalties for violating the implied consent law can be more serious than DUI penalties. If you have been arrested on a first offense DUI charge, the best thing you can do for yourself is to hire an experienced Nevada DUI attorney. Nevada DUI laws are complicated, and the penalties are stiff. A DUI arrest and/or conviction will remain on your criminal record and your DMV record
8
Nevada DUI First Offense Penalties
License revocation for 90 days $120 reinstatement fee $35 victims compensation civil penalty $22 driver license fee Possible vision test Possible written knowledge test Driving skills test (if a license has been revoked for more than 1 year) SR22 insurance (proof of financial responsibility) requirement Vehicle impoundment 2 days to 6 months in jail Community service $400 to $1000 fine $60 chemical test fee Victim impact panel Possible ignition interlock requirement
9
Out-of-state residents
If you are an out-of-state resident, you cannot get a restricted license to drive in Nevada and you may also get a driver's license suspension in your state of residence resulting from the Nevada conviction. You will be ordered to a driving under the influence (DUI) school and, if you are an out-of-state resident, this can normally be done in your state of residence. Jail time or community service is required and, if you are an out-of-state resident, a lawyer can usually get the court to agree that community service can be done in your state of residence. The fine in most Nevada courts will be less than $1,000.
10
Factors a DUI attorney will consider when evaluating your case
There are several factors a DUI attorney will consider evaluating your case. Did the officer have reasonable suspicion to stop you? Was checkpoint legal? Did the officer have probable cause to start a DUI investigation? was the field sobriety test justified in the first place, properly explained and properly assessed? Was the officer correctly trained to administer the tests? Was the office justified in requiring you to submit to a preliminary breath test, and were the results accurate and reliable? Was there sufficient probable cause to arrest you? If you took any blood alcohol tests at the police station, were the tests properly conducted on machines properly maintained by officers properly trained, and were the results accurate and reliable? Regardless of all the tests and reports, can the prosecutor prove
11
Third Offense
Third Offense: The third offense in seven years is a Class B felony. This is punishable by 1 – 6 years and a fine of $2,000 - $5,000. There is no treatment option that will avoid jail timen addition to not only allowing third-time Nevada DUI offenders the chance to avoid prison and be rehabilitated, this legislation would take some stress off the state's prison system. Wiener specifically said that allowing judges this discretion for alternative sentencing would reduce the number of DUI offenders in prisons in the "Silver State."
12
DUI & The Military
Anyone in the military facing a DUI can expect that it will destroy their military career. The reason? Because a dishonorable discharge usually and often occurs when a military person is arrested for a DUI, and that means a career in the military will probably end. There are times when the relationship of the service person with their commanding officer can have an affect on the end result, but more often than not, an alcohol related arrest bears great consequences. If a person in the military faces a court-martial because of military DUI charges, their good name, along with their military career, benefits and freedom are at great risk.
13
DUI & CDL
the CDL license DUI limit is .06% here. The standard DUI is .08%. The CDL clause only applies when you are operating a commercial vehicle. If you are in a POV then it is .08% BUT there is a provision for DUI LESS SAFE which means that if an officer has enough evidence to support a less safe driver,you can be charged DUI and not be anywhere near the legal limit. One of our officers just won a less safe case and the offender only blew .023%.
14
DMV & DUI
If you are visiting Nevada from another state, your driver's license from that state cannot be seized by the officer as it is the property of another state. However, you will be served with a notice of suspension of your privilege to drive within the State of Nevada. Furthermore, the Nevada Department of Motor Vehicles will notify your state's DMV of the suspension and, under the provisions of an interstate compact, your state will probably take action against your license. As in the case of a Nevada license, you or your Las Vegas DUI lawyer should contact the Nevada DMV and request a hearing; the status of your home state license will largely depend upon the status of the Nevada suspension.
15
Scope of a DMV hearing
NRS 484C.230.2 provides that the scope of a hearing regarding the revocation of a person’s privilege to drive “. . .must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine.” See also, Beavers v. State, Department of Motor Vehicles and Public Safety, 109 Nev. 435, 438, 851 P.2d 432; 434 (1993).
16
Your Record
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. If you are convicted of a felony DUI, you will be charged with a felony in any subsequent DUI arrest. Convictions and license revocations remain on your full DMV record for the rest of your life. A DUI conviction may show on your driver history for up to ten years. A license revocation is reported until the driving privilege is reinstated.
AUTHOR: Howard Roitman, Nevada Lawyer
Copyright Howard Roitman & Associates - Google+
More information about Howard Roitman & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Statutes: Driving under the Influence
Way to many people wind up staying in Vegas, they are charged with DUI
2
Penalties
Nevada has harsh DUI laws. Although many states' DUI laws are very similar, Nevada breaks the mold when it comes to blood alcohol testing, using harsh laws to ensure that a person arrested for possible DUI is always given a test to determine what his blood alcohol level was at the time of arrest.
3
Details on license suspension and revocation
You can usually avoid trial by entering a plea bargain, where you're sentenced to the minimum punishment or even have your DUI charge reduced to a lesser offense. Depending on the case, your attorney may even be able to persuade the prosecutors to dismiss the charge completely
4
Information on whether and how a license can be reinstated following a DUI offense
The DMV will suspend your license for several months or even years depending on your case. But you are entitled to a DMV hearing, which is like a trial, to contest the suspension
5
Blood Alcohol Concentration Limit
The illegal blood alcohol concentration (BAC) limit in Nevada is: 0.02% for drivers under the age of 21 0.04% for commercial license holders 0.08% for everyone else The BAC applies only to alcohol. If any detectable amount of an illegal substance―like cocaine or marijuana―is found in your blood, you'll receive at least the same penalties as you would for alcohol, and perhaps even more.
6
Nevada has an implied consent law
What if you refuse to take a chemical test in Nevada? The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
7
In Nevada, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. If you are caught driving or in actual physical
In Nevada, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. Actual physical control of a vehicle with this high of a BAC, is DUI. You can also be charged with a DUI if it is apparent that alcohol is affecting your driving, even if your BAC is lower than 0.08. Nevada has an implied consent law, which means that you cannot, by law, refuse to submit to a blood alcohol test if asked to so. It also means that law enforcement can use "reasonable force" to obtain blood samples from someone suspected of drinking and driving. Penalties for violating the implied consent law can be more serious than DUI penalties. If you have been arrested on a first offense DUI charge, the best thing you can do for yourself is to hire an experienced Nevada DUI attorney. Nevada DUI laws are complicated, and the penalties are stiff. A DUI arrest and/or conviction will remain on your criminal record and your DMV record
8
Nevada DUI First Offense Penalties
License revocation for 90 days $120 reinstatement fee $35 victims compensation civil penalty $22 driver license fee Possible vision test Possible written knowledge test Driving skills test (if a license has been revoked for more than 1 year) SR22 insurance (proof of financial responsibility) requirement Vehicle impoundment 2 days to 6 months in jail Community service $400 to $1000 fine $60 chemical test fee Victim impact panel Possible ignition interlock requirement
9
Out-of-state residents
If you are an out-of-state resident, you cannot get a restricted license to drive in Nevada and you may also get a driver's license suspension in your state of residence resulting from the Nevada conviction. You will be ordered to a driving under the influence (DUI) school and, if you are an out-of-state resident, this can normally be done in your state of residence. Jail time or community service is required and, if you are an out-of-state resident, a lawyer can usually get the court to agree that community service can be done in your state of residence. The fine in most Nevada courts will be less than $1,000.
10
Factors a DUI attorney will consider when evaluating your case
There are several factors a DUI attorney will consider evaluating your case. Did the officer have reasonable suspicion to stop you? Was checkpoint legal? Did the officer have probable cause to start a DUI investigation? was the field sobriety test justified in the first place, properly explained and properly assessed? Was the officer correctly trained to administer the tests? Was the office justified in requiring you to submit to a preliminary breath test, and were the results accurate and reliable? Was there sufficient probable cause to arrest you? If you took any blood alcohol tests at the police station, were the tests properly conducted on machines properly maintained by officers properly trained, and were the results accurate and reliable? Regardless of all the tests and reports, can the prosecutor prove
11
Third Offense
Third Offense: The third offense in seven years is a Class B felony. This is punishable by 1 – 6 years and a fine of $2,000 - $5,000. There is no treatment option that will avoid jail timen addition to not only allowing third-time Nevada DUI offenders the chance to avoid prison and be rehabilitated, this legislation would take some stress off the state's prison system. Wiener specifically said that allowing judges this discretion for alternative sentencing would reduce the number of DUI offenders in prisons in the "Silver State."
12
DUI & The Military
Anyone in the military facing a DUI can expect that it will destroy their military career. The reason? Because a dishonorable discharge usually and often occurs when a military person is arrested for a DUI, and that means a career in the military will probably end. There are times when the relationship of the service person with their commanding officer can have an affect on the end result, but more often than not, an alcohol related arrest bears great consequences. If a person in the military faces a court-martial because of military DUI charges, their good name, along with their military career, benefits and freedom are at great risk.
13
DUI & CDL
the CDL license DUI limit is .06% here. The standard DUI is .08%. The CDL clause only applies when you are operating a commercial vehicle. If you are in a POV then it is .08% BUT there is a provision for DUI LESS SAFE which means that if an officer has enough evidence to support a less safe driver,you can be charged DUI and not be anywhere near the legal limit. One of our officers just won a less safe case and the offender only blew .023%.
14
DMV & DUI
If you are visiting Nevada from another state, your driver's license from that state cannot be seized by the officer as it is the property of another state. However, you will be served with a notice of suspension of your privilege to drive within the State of Nevada. Furthermore, the Nevada Department of Motor Vehicles will notify your state's DMV of the suspension and, under the provisions of an interstate compact, your state will probably take action against your license. As in the case of a Nevada license, you or your Las Vegas DUI lawyer should contact the Nevada DMV and request a hearing; the status of your home state license will largely depend upon the status of the Nevada suspension.
15
Scope of a DMV hearing
NRS 484C.230.2 provides that the scope of a hearing regarding the revocation of a person’s privilege to drive “. . .must be limited to the issue of whether the person, at the time of the test, had a concentration of alcohol of 0.08 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine.” See also, Beavers v. State, Department of Motor Vehicles and Public Safety, 109 Nev. 435, 438, 851 P.2d 432; 434 (1993).
16
Your Record
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. If you are convicted of a felony DUI, you will be charged with a felony in any subsequent DUI arrest. Convictions and license revocations remain on your full DMV record for the rest of your life. A DUI conviction may show on your driver history for up to ten years. A license revocation is reported until the driving privilege is reinstated.
AUTHOR: Howard Roitman, Nevada Lawyer
Copyright Howard Roitman & Associates - Google+
More information about Howard Roitman & Associates
View all articles published by Howard Roitman & Associates
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
