DUI Lawyer Explains - Las Vegas, Nevada
Being arrested for DUI
A DUI charge does not have to destroy your life. Although the DUI laws in Nevada are strict, a good DUI lawyer can navigate the rules of the legal system to reduce a person’s penalty, and in some instances, even eliminate the charges.
A DUI charge is a crime in Nevada. The punishments for DUI are severe and get worse based on a record of DUIs and by the damage caused while driving under the influence. If you’ve been arrested for drunk driving and want to know how the law applies to your situation, call us at 702-432-1000. The initial consultation is free.
DUI definition
Driving under the influence (DUI), commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit. In the US, all states have set .08% blood alcohol concentration (BAS) as the legal limit for DUI.
Is DUI a felony?
It can be. Your first two DUI arrests within seven (7) years are misdemeanors, and your third DUI within seven years (7) is a Category B felony.
Lawyer fees for DUI
Many clients ask, “What are lawyer fees for DUI?”
In legal representation, there is no such thing as "one size fits all." Each case is different, and the amount of work is very different depending on if it is your 1st DUI arrest, 2nd DUI arrest, or 3rd DUI arrest. To quote our fee, we need more information from you. Call us at 702-432-1000 to speak with a DUI lawyer.
We charge a flat fee for DUI cases, and we have payment plans.
Can a DUI charge be dropped?
In many cases, but not always, a DUI charge can be dropped and replaced with a lesser charge, such as reckless driving. For more information, contact our office.
Testing for a DUI
Testing for a DUI has become more scientific and, as a result, can pin the accused to a strict liability offense.
In Nevada, the Blood Alcohol Concentration (BAC) test is used as a metric of alcohol intoxication. BAC is measured as a simple percent of alcohol in the blood by weight.
Legal limit for DUI in Nevada
| Nevada BAC | Limits |
|---|---|
| Drivers Under the Age of 21 | 0.02% |
| Commercial License Holders | 0.04% |
| Everyone Else | 0.08% |
The BAC applies only to alcohol. If any detectable amount of an illegal substance (e.g., cocaine or marijuana) is found in your blood, you may receive a greater penalty than you would for alcohol only.
DUI charges: 1st-time offense
First-time DUI offenses can come from driving with a Blood Alcohol Concentration (BAC) of .08 or more and from drug impairment. Even a person with a first-time DUI can suffer hefty fines, be subject to alcohol counseling, and spend a minimum of 2 days in jail.
These penalties are worse when a person faces an elevated DUI charge, a BAC of .18 or higher.
DUI charges: 2nd-time offense
A DUI second offense within 7 years of the first DUI will trigger more severe consequences than a typical first-time DUI. If a person is found guilty of DUI second offense, there is a mandatory jail sentence for at least 10 days.
DUI charges: 3rd-time offense
When a person receives a third DUI within seven (7) years, they face a category B felony. A category B felony is the second-highest level of felony in Nevada. For a DUI third offense, a person faces a minimum of 1 year in prison. Also, a DUI 3rd offense is not probational.
Whether you are a repeat offender or this is your first DUI, you need excellent legal counsel. Do not delay in getting legal representation.
DUI penalties
The following chart displays some of the potential penalties if you are found guilty of DUI:
| 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 |
Please Note: In Nevada, if you are driving under the influence with minors under the age of 15 in your car, that will be considered an "aggravating circumstance" and may result in a much harsher penalty.
What happens if you get arrested for DUI?
Most likely, you'll be searched by the police, your car will get towed, and you'll be sent to jail, where you'll be "booked." You may be able to get out of jail within a few hours of your arrest, either by posting bail or "on your own recognizance."
Can you sue a bar For DUI??
No. In Nevada, you cannot sue bars or casinos for serving alcohol to already intoxicated customers. The Dram Shop Act does not apply to Nevada.
How long does a DUI stay on your driving record?
Like most criminal convictions, a DUI charge stays on your record until it is sealed. Rules for record sealing are changing quite often. Check for the most recent DUI record sealing rules and exceptions.
DUI charge involving narcotics
Because of the non-stop partying atmosphere in Las Vegas, a DUI charge often involves drugs, such as marijuana or cocaine. These drug DUI cases are handled differently from regular DUIs.
Read our article "DUID or Drug DUI Charges in Las Vegas, Nevada" and learn about charges, penalties, exceptions, and defenses in drug DUI cases.
DUI with children in a car
Getting a DUI with a child or children in the car may give rise to additional charges and penalties than that of a mere DUI. Under Nevada law, having a child in the car while driving under the influence of alcohol is considered child endangerment.
Child endangerment is like child abuse. It occurs when a parent or guardian leaves or places a child in a dangerous situation. Even if no harm actually occurs, you may be convicted of child endangerment by committing DUI with a child in the car.
What is a DMV hearing?
In almost all DUI cases, the Nevada Department of Motor Vehicles will suspend your driver's license. Once this happens, you have the right to appeal. This appeal is called a DMV hearing.
Important. You have 7 days to request a hearing and appeal the license suspension.
The office of Heshmati & Associates includes the DMV hearing as part of our representation for DUI clients.
What happens at the DMV hearing?
The DMV hearing is an administrative hearing. At this hearing, the evidence is admitted to a judge who decides whether the DMV rightfully suspended your license. A DUI lawyer may present evidence in your defense at this hearing, cross-examine the witnesses against you, and make closing arguments on your behalf.
DUI and keeping the firearms at home
Currently, having a DUI does not affect your right to own a gun.
The issue of gun control is a very hot topic right now, and it is possible that in the near future, having a DUI offense on your record could restrict your right to own firearms.
DUI lawyer can help
Driving under the influence of alcohol (DUI) or drugs is a serious offense and requires you to hire a DUI lawyer.
Heshmati & Associates helped hundreds of individuals charged with DUI.
Our clients live in Las Vegas, Henderson, North Vegas, and throughout Clark County.
Payment plans are available.
Call us at 702-432-1000 with any questions you may have and ask to speak with a DUI lawyer.
