Las Vegas DUI Attorney
Have you been accused of driving while under the influence?
The crime of driving under the influence (DUI) can be punished severely with heavy penalties. While penalties for felony DUI, such as having multiple offenses or causing a fatal accident, are notably harsher, there are still significant consequences for even a first offense.
Potential penalties for a first DUI include the following:
- Up To 6 Months in Jail
- Fines of Up to $1,000
- License Suspension Up to 90 Days
- Ignition Interlock Device (IID)
- DUI School / DUI Treatment
All too often, defendants will simply plead guilty and accept the penalties without realizing that DUI cases are not as open and shut as some would have you believe. Therefore, it is vital you have an experienced Las Vegas criminal defense attorney to represent you and fight for you.
DUI Laws in Nevada
If you've been arrested for driving under the influence in Las Vegas or elsewhere in Nevada, Okabe & Haushalter can provide you with the legal information you need. You may be unfamiliar with the DUI codes and procedures in this state, especially if this is your first arrest.
View below to familiarize yourself with the DUI laws in the state of Nevada:
Illegal Per Se Laws: Per Nevada Revised Statutes (NRS) § 484C.110, illegal per se means driving with a blood alcohol concentration of 0.08 percent or more is illegal in and of itself (for truck drivers, the limit is 0.04 percent). Because breath tests are not always accurate, drivers may be arrested and even convicted if their BAC was under the limit.
DUI Implied Consent Laws: According to the NRS § 484C.150, 484C.160 and 484C.200, all licensed drivers give their implied consent to a chemical test upon lawful arrest under suspicion of drunk driving. If you refuse one of these tests, your license will be automatically revoked.
Ignition Interlock Device (IID) Requirement: The IID may be a penalty if you are convicted of DUI. If a court decides to sentence someone to this program, then the DMV will be notified and the individual will have to show proof of installation from an approved manufacturer. This program is at the defendant's sole expense.
First-Time DUI: Your first DUI, without any aggravating factors, will have lighter penalties than DUI charges for those with prior offenses. Every basic DUI conviction will warrant fines, imprisonment, community service, DUI School, and driver's license suspension. According to the Nevada Department of Motor Vehicles (DMV), you could have your vehicle impounded, spend 2 to 6 months in jail, be fined up to $1,000, and have to pay for things like a license reinstatement.
DUI with Injury: If driving under the influence allegedly resulted in the serious bodily injury of another, the penalties can be found in
DUI Causing Death: NRS § 484C.430 also details the penalties for vehicular manslaughter in Nevada. If a person is under the influence of alcohol or another intoxicating substance and causes an accident that results in the death of another individual, this is considered a category B felony punishable by minimum 2 years and maximum 20 years imprisonment and fines from $2,000 to $5,000.
What to Do If Arrested for DUI in Las Vegas
Any criminal charges should be defended by a skilled attorney, and DUI charges are no exception. There is no reason to assume you will be convicted. In many cases that we defend, we discover that serious errors in police procedure took place and we can get the case dismissed. For this reason, after an arrest, the first and most critical action is to contact our firm. Do not enter a courtroom for any hearing without one of our legal team there to represent you. We are a well-respected and proven defense law firm that has extensive experience in defending DUI charges.
Defending DUI takes experience, skill, and a deep knowledge of all aspects of DUI law: testing devices, case law, the science behind breath and blood testing, as well as the law with regard to arrest procedure and probable cause. A creative, effective attorney from our firm can seek out the defense opportunities in your case and expand upon them to bring your case to court.
Were you or your child charged with underage DUI?
Per the Nevada Revised Statutes, it is illegal for an individual under 21 years of age who has been drinking or taking drugs to drive or otherwise be in physical control of a vehicle. Nevada has a "zero tolerance" policy for minors. If your BAC is over 0.02%—no matter if you are under the influence or not—you can be charged with DUI. If you are under 21 and convicted of DUI, you will have to undergo an alcohol and drug evaluation to find out whether you have abuse problems. Your driver's license will be suspended for at least 90 days. In addition, you will have to attend DUI school, pay fines, and serve 2 days to 6 months in juvenile hall or jail. Commonly, for a first time offender, time spent in juvenile hall or jail is either suspended or changed to community service. There is also a 7-year waiting period before your criminal record is sealed.
Talk to a Skilled Las Vegas Drunk Driving Lawyer
At Okabe & Haushalter, our vast experience means we can attack your case aggressively from the onset. We can obtain the police reports, lab reports, maintenance history of the breath machine and other relevant documents in search of information or evidence that will contribute to your defense. For example, we may be able to have your case thrown out due to a discovery that the arresting officer had no just cause to pull you over in the first place. Otherwise, field sobriety tests and blood or breath tests may be found to have been administered incorrectly, misread, or otherwise lacking in reliability. This can cause the case against you to collapse on lack of evidence. Whatever is needed in your case, we can fight in an effort to defend your rights and freedom. We can also represent you in a DMV hearing in an attempt to protect your license.
Contact a Las Vegas DUI defense lawyer for help attempting to avoid a DUI conviction!