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Nevada DUI arrests trigger two separate cases: the court case, and the DMV case, where the person's driving privileges are at stake. The Nevada Department of Motor Vehicles recently published a bulletin relating to DUI cases (.PDF file). Most importantly, if you have been arrested for DUI in Nevada, you must request a DMV hearing (.PDF file) immediately, or lose your right to have one. Nevada DMV Hearings are conducted through the DMV's Office of Administrative Hearings. They can provide more information about your obligations under Nevada drunk driving laws.
Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem if you, or someone you care about, has been arrested for DUI or DWI. Contact a Nevada DUI LAWS lawyer near you for a free consultation by calling 1.800.DUI.LAWS.
In Nevada "Driving Under The Influence" means
operating a motor vehicle while under the influence of
alcohol and/or drugs to a degree that renders one
unable to safely drive a vehicle. It is not necessary
for one to be drunk to be arrested for or convicted of
DUI in Nevada. Nevada DUI convictions can be obtained
where a person operates a vehicle while under the
influence of alcohol, OR operates a vehicle with a
blood alcohol level (BAL) or breath alcohol content
(BAC)
of .08 or greater.
Nevada DUI cases can be brought against a person
who may appear normal, but who is above the legal
limit of .08% BAC. This is called
Nevada's "Per Se"
law, meaning that it is illegal to be above a .08 no
matter what the person's impairment level actually is.
DUI arrests in Nevada also trigger the new implied
consent law. All Nevada drivers have impliedly
consented to a test of their
blood or breath for
alcohol content simply by obtaining a Nevada driver's
license or by driving on Nevada's roads. There is no
more right in Nevada to refuse to provide a breath or
blood sample if arrested for DUI. This means that the
police may use force to draw blood, if necessary, to
obtain evidence to use against someone in a
Nevada
drunk driving case.
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The goal of our Nevada DUI lawyers in representing a DUI client is to obtain a dismissal of the charges, an
acquittal in trial, or a non-DUI disposition. While
this is not always possible, the only chance for
success in a Nevada drunk driving case is to have a
skilled drunk driving defense attorney. It is
extremely important that you be familiar with the
issues involved in a typical DUI case so that
you may
aid and participate in your defense and make informed
choices regarding your case. It is also vitally
important that you
tell your DUI defense lawyer all of
the facts, so that he or she is able to best help
defend the drunk driving case.
There are three ways for a prosecutor to prove a
Nevada DUI case. Keep in mind that unless each element
of the case is proved beyond a reasonable doubt, the
defendant in a DUI case is entitled to a verdict of
"not guilty." A Nevada driving under the influence
case can be prosecuted under any of the following
theories:
- By proving that the defendant was a less safe
driver due to impairment by alcohol and/or drugs by
using the officer's observations, including the
manner of driving,
field sobriety test, the way the
driver appeared physically, and
the chemical test
(or refusal to take a chemical test, which is
considered "consciousness of guilt" in a DUI case).
- By proving the defendant was driving the vehicle
at a time when his blood alcohol level (BAL) was
.08% or greater.
The prosecutor must prove beyond a
reasonable doubt that the test you were given was a
valid test and administered properly, and that you
were driving within TWO (2) hours of the chemical
(breath or blood) test. This is called Nevada's Per
Se law; it doesn't matter how well someone is
driving. Violating this law is purely a function of
body chemistry.
- The state of Nevada has a "Per Se" level of
prohibited substances: amphetamine, cocaine or bezoylecognine
(cocaine metabolite), heroin or
morphine or 6-monoacetyl morphine (heroin
metabolite), LSD, marijuana or marijuana metabolite,
methamphetamine, and phenycyclidine. If you have a
certain level of any of these substances in your
blood while driving you will be presumed to have
violated the Driving Under the Influence statute.
This presumption may be rebutted by a prescription.
 Note: In the state of Nevada there is no longer any
right to refuse to submit to a chemical test. If you
do not consent to a breath or a blood test the officer
may force you to give a blood sample, pursuant to
Nevada law.
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 Penalties for DUI in Nevada
The penalties for driving under the influence
depend on whether one has had a DUI conviction within
the past SEVEN (7) years. The 7-year
"washout" period
is calculated from the prior DUI arrest date to the
current DUI arrest date.
CONVICTION: A person that pleads no contest, pleads
guilty or is found guilty at trial is subject to the
following judicial penalties:
DUI FIRST OFFENSE:
- JAIL: 48 hours up to a maximum of six (6)
months imprisonment, or, at least ninety-six (96)
hours of community service. The court may allow
you to do community service in lieu of the
mandatory jail time.
- FINES AND ASSESSMENTS: A minimum of $340.00 to
a maximum of $1,175.00 (DUI fines and
assessments).
- SUSPENSION OF DRIVING PRIVILEGES: A criminal
conviction for a 1st offense DUI results in a
90-day suspension of driving privileges. It is
possible to obtain a restricted license that
allows driving to, from, and in the course of
employment after 45 days have passed.
- OTHER PENALTIES: The Court will always impose
the requirement that you attend an
8-hour course
of DUI school, a DUI assessment program with a
$100.00 fee if the blood alcohol is .18% or more,
and a Victim Impact Panel with a $40.00 fee. The
court may also order a
Breath Interlock Device be
attached to your vehicle (at your expense) for
three to six months.
DUI SECOND OFFENSE:
- JAIL: Minimum of TEN (10) days up to SIX
(6)
months.
- FINES AND ASSESSMENTS: Fines and assessments
of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to
ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS
($1,175.00).
- LOSS OF LICENSE: ONE (1) year
- OTHER PENALTIES: The court may order ONE
HUNDRED (100) to TWO HUNDRED (200) hours community
service, DUI assessment program,
treatment
program,
Breath Interlock Device from SIX (6) to
TWELVE (12) months, Victim Impact Panel, and a
THIRTY-FIVE DOLLAR ($35.00) civil penalty to the
Department of Motor Vehicles.
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DUI THIRD OR SUBSEQUENT OFFENSE:
Conviction of three or more DUI's within SEVEN (7)
years of the date of the first DUI arrest is a FELONY.
- JAIL: A minimum of ONE (1) year to SIX
(6)
years in a Nevada State Prison.
- FINES AND ASSESSMENTS: TWO THOUSAND
EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND
EIGHTY-FIVE DOLLARS ($5,085.00).
- LOSS OF LICENSE: THREE (3) years
- OTHER PENALTIES:
Breath interlock device from
TWELVE (12) to THIRTY-SIX (36) months from release
from prison, Victim Impact Panel, THIRTY-FIVE
DOLLARS ($35.00) civil penalties to the Department
of Motor Vehicles.
DRUG OFFENSES IN DUI CASES: While a DUI offense
involving drugs may be prosecuted by the State as a
misdemeanor, beyond the misdemeanor DUI/ Drugs
penalties set forth above, Nevada law specifies that
possessing ANY amount of a controlled substance, for
instance marijuana or cocaine, is a felony.
DRIVING WHILE YOUR LICENSE IS SUSPENDED: If your
license is suspended or revoked due to a DUI, either
through the criminal courts or an administrative
proceeding, and you are caught driving while your
license is suspended, the minimum penalty is THIRTY
(30) days in jail. You also could be ordered to pay a
$1,000 fine and lose your driver's license for an
additional year, without the opportunity to have a
restricted license for driving to and from work.
DUI ACCIDENT THAT RESULTS IN DEATH OR SUBSTANTIAL
BODILY HARM: If you are convicted of a DUI offense in
which an accident occurred that resulted in the death
or substantial bodily harm of another person, it is a
FELONY conviction, even if it is your first DUI. The
penalty is a minimum of TWO (2) years and a maximum of
TWENTY (20) years in prison and a fine of not less
than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE
THOUSAND DOLLARS ($5,000).
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1800 DUI Laws
