DUI Rights Help in Nevada – Nevada DUI Laws
In the state of Nevada, almost one third of all traffic related deaths are caused by Driving Under the Influence (DUI). With statistics like these, it is no surprise that the state takes these types of infractions so seriously. In the state of Nevada, a first time offender of DUI is set to face penalties such as up to 6 months in jail, fines between $400 and $1,000, and a license suspension of 90 days. This is why it is so important for individuals to begin fighting their DUI case as soon as possible to avoid these penalties.
Fighting DUI Charges in Nevada
At DUIRights.com, we will take the time to review your DUI case and help to produce evidence to have your case dismissed or your charges reduced. With the help of a competent legal advisor, it is possible for offenders in the state of Nevada to arrange a plea bargain for their DUI charge to something less serious. Often times, individuals will be given the opportunity to plead guilty to a charge of “wet reckless” in order to end their case quickly and not have to face the harsh consequences of DUI.
Knowing Your DUI Rights
Being able to arrange a plea bargain or having the charges dismissed is only an option if the individual’s lawyer can prove missteps in the prosecutor’s case, most often because the individual’s rights were violated in some way during their DUI arrest. At times, DUI arrests do violate an individual’s rights, which is why it is so important to know and understand your rights. Your attorney will likely ask some, if not all, of the following questions to determine if your rights were violated.
- Did the arresting officer witness you driving the vehicle?
- Was the vehicle in operation when the officer incited the traffic stop?
- What was the arresting officer’s reason for conducting a traffic stop?
- What observations did the arresting officer make of your behavior to indicate you were under the influence?
- Were the officer’s observations consistent with other witnesses?
- Did the officer opt to conduct field sobriety testing?
- Was the outcome of your field sobriety testing affected by weather conditions or outside forces?
- Did you consent to take a Breathalyzer test?
- How did the arresting officer conduct this test?
- How long after your last drink was the Breathalyzer test administered?
- Did the officer explain your rights to you when you were placed under arrest? Were your Miranda Rights recited to you?
You still have a chance to improve your situation once you learn the steps needed to eliminate your Nevada DUI charges. Nevada DUI penalties have become inflated calculations by the court system favored towards the courts themselves. Over the past 14 years, DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
Protect your rights and learn how to get your Nevada DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your Nevada DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and representation you need to win your case.
DUI Laws in Nevada
While Las Vegas and other parts of Nevada are known for being liberal in the enforcement of social behavior laws, DUI is one area where this state does not budge. The penalties and fines in Nevada are right on par with the rest of the country and actually exceed many states in terms of financial penalties and jail sentences.
Consequences for Refusing to Take Chemical Tests
Nevada, like all other states in the country, is an implied consent state. However, where most states merely issue a license suspension and fines, Nevada law enforcement is actually, by law, permitted to use reasonable force to obtain blood samples from the individual in question. That being the case, there are no “standard” penalties in the state, as everyone must submit a blood test, be it voluntary or involuntary.
- First offense – offers permitted to use reasonable force to obtain sample
- Second offense – offers permitted to use reasonable force to obtain sample
- Third offense – offers permitted to use reasonable force to obtain sample
Challenging BAC Levels in Court
Nevada uses standard blood alcohol levels for drivers of age and under the age of 21, but is a zero tolerance state for commercial drivers:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, no minimum BAC for DUI conviction
Is There Mandatory Jail Time Required for a DUI in Nevada?
Get caught behind the wheel after drinking during your Vegas vacation and you will spend more time behind bars than you do on the famous Las Vegas Strip:
- First offense – between two days and six months in jail
- Second offense – between ten days and six months in jail
- Third offense – between one and six years in jail
The lookback period in Nevada for sentencing purposes is 7 years.
Monetary Fines and Penalties for DUI in Nevada
Minimum fines are slightly above average in Nevada, with repeat offenders seeing some of the higher fines in the country:
- First offense – fines ranging from $400 to $1,000
- Second offense – fines ranging from $750 to $1,000
- Third offense – fines ranging from $2,000 to $5,000
License Suspension for DUI in Nevada
If there is one area in Nevada that is a bit lenient, it is the term of the suspensions for DUI convictions:
- First offense – 90 days
- Second offense – one-year license suspension
- Third offense – three-year license suspension
In Nevada, an ignition interlock device (IID) may be required on the first and second violation, but is mandatory for third-time offenders
Why You Should Hire a Nevada DUI Attorney
Since the license suspension associated with a DUI or DWI offense occurs immediately upon being charged with the crime, it is important to act quickly when looking for a DUI Attorney. Offenders only have a set amount of time from the day of their DUI arrest to request an administrative hearing. During this administrative hearing, the court will either decide to uphold the original DUI or DWI license suspension or revoke the license suspension. The DWI charge will be handled in a separate hearing.
It is important to have a knowledgeable attorney on hand for both the administrative and DUI court hearings. These attorneys will take a close look at all of the evidence being presented, including the officer’s and offender’s accounts of the DUI arrest and make sure that the offender’s DUI rights were not violated in any way. These attorneys can also help to establish a credible defense on the offender’s behalf based on this evidence, which can help to have the charged reduced and possibly even dismissed altogether.
In some cases, offenders will not have to look far for a DUI attorney – they may qualify for a public defender to handle their case provided by the state. Although this type of legal counsel comes at no charge, offenders with even the smallest amount of assets should look into securing other representation. Public defenders, although knowledgeable, are usually not well versed in the area of DUI law and will coerce defendants to settle the case, which may cause them to face unfair penalties.
Although private practice DUI attorneys in the state of Nevada may cost more to hire, it is much more likely that the offender will face a more pleasing outcome. These professionals are very well-versed in DUI and DWI laws in their state and can often help their clients to secure reduced sentences or even have their cases dismissed based on chemical testing errors, arrest mistakes and other miss-steps by law enforcement. To learn more about DUI attorneys in Nevada and how they can help, visit DUIrights.com.
Finding a DUI Lawyer in Nevada
Being charged with a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) offense in the state of Nevada should not be taken lightly. In these cases, a first time offender can face a license suspension of 90 days, one year, or three years, which begins as soon as the offense is charged. Additionally, offenders can face taking alcohol educations classes, needing to use an ignition interlock device in order to drive as well as being subject to substance abuse assessments and treatment.
The last thing anyone wants during a vacation is a DUI. With so many beautiful resorts in Nevada, however, this happens far more than one could imagine. If arrested and charged for DUI in Nevada, you will need an attorney to help you fight the charges or possibly work out a plea bargain for the lesser charge of wet reckless. For more information or to find a licensed, local attorney, please visit fill out the Free DUI Arrest Form today.