DUI Reference Guide

Nevada DUI Laws

Las Vegas is a city of action and fast living.  Therefore, it is essential that strict DUI laws in the state of Nevada be implemented and enforced.  DUI laws in Nevada do include penalties that are quite severe.  In the majority of US states an individual stopped on the suspicion of driving under the influence of alcohol cannot be forced to take a chemical test to measure blood alcohol content.  However, doing so typically results in addition penalties and can even be considered a crime in and of itself.

Refusing a chemical test is not an option in Nevada.  In fact, police offers are able to force a person to take a blood test even if it is again their will.  An individual can be found guilty of a DUI based on their blood alcohol content alone.  In fact, the per se segment of the law can be used to convict an individual who was driving with a blood alcohol content that was at or above 0.08%. 

An individual can also be convicted of a DUI if the courts believe a person was driving while they were under the influence of alcohol even if their blood alcohol content was not above the legal limit.  A police officer can provide their testimony as to why they believed an individual was driving under the influence.  They will make note as to why they pulled the person over in the first place.  The driver may have been driving as if they were drunk.  They may have been swerving, speeding or not obeying traffic lights and signs. 

A police officer will also describe the state they found the driver in when they were being investigated.  They will make note of any problems the individual had in speaking or walking.  Did they slur their words or sway as they walked.  A person may have even smelled of alcohol when they talked to the police officer.  All of these details can be presented during a court case.  An individual may also have been given a field sobriety test.  If they failed that test, this can often be seen as more proof that they were driving under the influence. 

Anyone arrested for a DUI, will face a suspension of their driver’s license imposed by the department of motor vehicles.  An individual can try to save their driving rights or to reduce the amount of time they will be without a license.  In order to do so, they must request a hearing or the license will be revoked automatically.  The terms set by the DMV will differ from the license suspension from the criminal case.

Each individual who is arrested for a DUI faces the possibility of having to have a breath interlock system installed in their car for a certain amount of time.  They will also need to be evaluated for drug and alcohol problems and will sometimes be required to receive treatment.  DUI convictions will also lead a person to be mandated to attend a victim impact panel so that they can better learn the risks associate with a DUI.  All of these factors will be paid for by the person convicted of the DUI. 

Even on a first time offense, individuals could serve time in jail. In fact, first time offenders can spend as much as six months in jail.  They will also receive fines which sometimes can be nearly $1175 in total and at least $340.  A license will be revoked for ninety days.  Sometimes a driver can be allowed to drive to and from work but only after 45 days of the 90 day suspension of license has been enforced.  Those convicted of DUI will also find themselves in a DUI course for eight hours. 

Second time offenders face fines potentially as high as first time offenders.  In fact, the minimum fine is $675.  They will also be sentenced to jail time for as much as six months and at least ten days.  Those convicted might also need to serve community service for between 100 and 200 hours.  They will have their license suspended for one years length in time.

More than three DUI offenses can be charged as a felony.  The only way this does not occur is if it has been over seven years since a previous conviction.  Fines are now much higher ranging from $2085 to $5085.  If they have the breath interlock system, it might need to remain on their vehicle for twelve months to three years.  People face one to six years in a prison term.  Because this is now a felony, time will be served at a state prison.  The driver’s license will be revoked for three years. 

If a person is arrested for a DUI and they causes a fatal accident or one that caused injury to someone else, they will be charged with a felony.  As a result, they face 2-20 years in prison.  In addition, anyone who has their license suspended and is still driving will be sentenced to thirty days in jail.  Their license will also be revoked for an additional year. 

DUI is a serious matter.  Anyone arrested for a DUI should consult an attorney.  If the blood alcohol content results were questionable, a lawyer can help the individual defend against a DUI conviction.  If they were arrested because they appeared to be under the influence, an attorney can assist that individual in creating doubt as to whether or not they were actually intoxicated.

It is important to find a lawyer who specializes in DUI cases.  They must be well versed in the area of DUI laws and especially the laws in Nevada.  Having a good lawyer can help someone to create the best defense against a DUI case.