DUI Tourist Arrests in Las Vegas
Facing DUI Charges in Las Vegas
In Las Vegas, out-of-state driver arrests for DUI are very common. Many factors contribute to these arrests: loosely enforced restrictions on buying alcohol, a round-the-clock party atmosphere, and terrible traffic.
However, DUI laws in Las Vegas are strictly enforced.
If you are a Las Vegas visitor arrested for driving under the influence of alcohol (DUI) or drugs (DUID), call our office at 702-432-1000 to discuss your case.
The initial consultation is always free and confidential.
Where DUI Arrests Happen
Typically, arrests for DUI or DUID happen in places like:
- Side streets that line the Las Vegas Strip,
- Hotel parking lots,
- Coffee and fast food Drive-throughs, or
- After small car accidents.
Sleeping in a running vehicle. Although it may seem prudent for a tourist to sleep in their vehicle until they feel sober enough to drive, in Las Vegas, if caught by hotel security or staff, you can be charged with a DUI.
Is a DUI a Misdemeanor or Felony?
Most tourist arrests for DUI are charged as misdemeanors. But the DUI arrest can easily escalate to a felony if someone was hurt or if the driver has had more than two DUI’s in the past 7 years.
DUI Penalty in Nevada
Under Nevada law, the 1st DUI offence and 2nd DUI offense are misdemeanors, but the 3rd DUI offense within 7 years of the first and any subsequent DUIs are felonies.
The following chart displays some of the potential punishments. Remember, the outcomes can vary greatly based on the facts of each case.
|Charge||Jail Time||Suspension of License||Fine|
|1st DUI offense||Up to 6 Months||90 days||Up to $1,000|
|2nd DUI offense||Up to 6 months||1 year suspension||Up to $1,000|
|3rd DUI offense||Up to 6 years in prison||3 Year suspension||Breath Interlock Device|
After a DUI Arrest
Spending a Night in Jail. After a DUI arrest, the person must spend at least 12 hours in jail. People like to call it a "drunk tank", but in reality it is a regular holding cell where the drunk and disorderly are held until the alcohol wears out. This is a safety precaution to ensure that the person is sober when they are released.
Posting Bail. A tourist arrested for DUI may be release next day without posting bail. But, if the jail keeps a person longer, then it may make sense to post bail or to to hire a bondsman to post bail on the person’s behalf.
Often visitors, arrested for DUI, need to catch a flight or they are paying for a hotel and want to get out as soon as possible. Posting bail is often the fastest way to do this.
Paperwork After Being Released. When a person is released from jail, they are given paper work with a court date and the charges they are facing. The court date is subject to change and the court may not notify you about your new court date.
Can the Charge Just Go Away?
Sometimes out-of-state visitors are hoping DUI charges will be dropped on their own. Unfortunately, the court system in Las Vegas does not work this way.
If a person doesn’t show up for their court date, a bench warrant will be issued. These warrants don’t expire; they stay on your record until resolved and may appear on a background check regardless of what state you live. The longer a bench warrant exists - the more difficult it is to clear the warrant. Immigration Services will also see this active warrant.
If this happened to you, you need to hire the best criminal defense attorney you can find to represent you in court.
Out-Of-State Visitor Arrests
Whether you live in Las Vegas or you are an out-of-state visitor, your Las Vegas arrest for DUI or DUID may appear during a background check and can cause problems when you are looking for work, renting an apartment or applying for a mortgage.
If you are a foreigner, having a DUI charge or an active warrant for your arrest can have very serious consequences when you decide to come back to the United states.
Immigration Service may deny your entry to the United States or you may be allowed entry the country only to be arrested at the border. Depending on the charge and the laws of the country you are from, the rules could be very different and we recommend you to speak with an attorney about your DUI arrest that happened in Las Vegas.
What to Do if Charged With DUI
The right way to handle a DUI or DUID charge is to hire a criminal defense attorney, resolve your charges and then - to seal your criminal record as soon as possible.
When the arrest record is sealed, most private employers and the general public will not be able to see that the person was arrested for DUI.
Our office provides record sealing services.
Being Charged or Being Convicted?
Just because you are charged for DUI or any other criminal citation in Las Vegas, it does not always mean you will be convicted of that charge. Many things can happen between the arrest and the end of the case. Charges can be negotiated and some charges could be dismissed due to the lack of sufficient evidence.
And in many instances, our criminal defense attorney can waive an out-of-state client’s presence for all or part of their case.
We Can help
Our law firm handles DUI cases all the time. In most cases, we waived our client’s presence in court so they didn’t have to fly back to Las Vegas for court hearings.
Each case case is different and in legal field there is no such thing as "one size fits all".
Call us at 702-432-1000 and ask to speak with a DUI attorney.
Our office is in downtown Las Vegas.
Walk-ins are always welcome!
Payment plans are available.
The initial consultation with a criminal defense attorney is always free.
Last updated on June 7, 2017.