DUI in Nevada

Posted by | July 22, 2014 | Car Accidents, Criminal Defense, DUI | No Comments

Driving Under the Influence (DUI) is a serious issue in Nevada which can carry jail time even for a first offense.  It is important that you understand your rights and obtain a lawyer that can provide you the best possible defense.  Morris Anderson can help you so please contact us by phone at 702-333-1111 or by email at info@morrisanderson.com.

    What is a DUI?

Although most people who are charged with DUI have been drinking, DUI actually means to be operating a motor vehicle without the normal use of mental or physical faculties due to impairment from alcohol or other drugs.  Even prescription drugs can cause impaired driving that can lead to a DUI.

    Nevada’s Per Se Law

In addition, Nevada’s Per Se Law makes it illegal to drive a vehicle if you have a Blood Alcohol Level (BAC) of 0.08% or higher even if you are not impaired.  Therefore, it is important to not to exceed one drink per hour if you will be driving.

    Do You Have to Submit To Test?

If you are pulled over for suspected DUI, the officer may ask you to perform a Field Sobriety Test.   However, this test is optional.  If you refuse, the officer will be able to perform a breath or blood test.  Generally, it is best to refuse to perform the Field Sobriety Test as many people who are sober have difficulty performing the tasks.   In addition, blood and breath tests can be challenged in court if they are not performed correctly.

    Penalties

 The penalties depend on whether you have had a conviction in the past 7 years which is calculated from the prior arrest date to the current arrest date.

First Offense:  Jail time of 48 hours to 6 months but the judge may allow you to do community service in lieu of jail time.  Fines ranging between $340.00 to $1,175.00.  Suspension of driving license for 90 days though you may obtain an exception to drive to and from work after the first 45 days.  If your BAC exceeded 0.18%, the court may also impose additional alcohol education and fines.

Second Offense:  Jail time of 10 days to 6 months.  Fines ranging from $675.00 to $1,175.00.  Suspension of driving license for 1 year. The court may also order 100 to 200 hours of community service, treatment program, Breath Interlock Device on your vehicle for 6 to 12 months and other fines.

Third or Subsequent Offense:  Conviction of 3 or more DUIs is a felony.  Jail time of 1 year to 6 years in state prison.  Fines of $2,085.00 to $5,085.00.  Suspension of License for 3 years.  The court may order Breath Interlock Device for 1 to 3 years upon release from prison and additional alcohol education and fines.

Death or Serious Bodily Harm.  If you are convicted of a DUI that resulted in a death or serious bodily harm, it is felony conviction even if it is your first offense.  Jail time is 2 years to 20 years in prison and fines are between $2000 and $5000.  It is extremely important to hire defense counsel if you are involved in a DUI resulting in death or serious bodily harm.

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