Can a DUI be dismissed in Nevada?
Getting a DUI can be scary – and it should be. There are a lot of things that can happen that will impact your life for a long time. That DUI will remain on your record for years if your attorney can’t get the charge reduced or your DUI dismissed.
That’s why you need a lawyer.
Is a first DUI in Nevada automatically dismissed?
No, a first DUI in Nevada is not automatically dismissed. It is processed like any other case and must go through the same legal routes because DUI is a crime. However, some cases may be reduced to reckless driving. Sometimes it may be dismissed, but in those cases, there must either be a lack of probable cause to support the charge of DUI, or there must be a lack of sufficient evidence to prove the charge of DUI beyond a reasonable doubt at the trial. In other words, the prosecution is not able to get a conviction for whatever reason.
What is more likely is that the defense attorney will be able to get the jail time converted to community service and possibly even get the defendant a restricted driver’s license with an ignition interlock device instead of license revocation.
What happens when you get your first DUI in Nevada?
A first DUI in Nevada is classified as a misdemeanor. You can get anywhere from 2 days to 6 months in jail as well as $400 to as much as $1,000 in fines. On top of that, you may be sentenced to an eight-hour DUI school and a victim impact panel as well as get your driver’s license revoked for 185 days.
SEE: DUI Penalties under Las Vegas Law
Does a DUI go away in Nevada?
A DUI does not magically go away once you pay off your fine or get out of jail or even after your driver’s license is reinstated. A first offense DUI stays on your record for seven years before you can file to have your record sealed.
A first offense has a better change at getting your DUI dismissed with a plea bargain. Sometimes, you may be able to plea bargain a first offense DUI down to reckless driving and sometimes even dismissal. One perk of a reduced charge for reckless driving is that it is eligible to be sealed after just one year.
If you are able to get the charge reduced or dismissed, it is much faster and easier to get it sealed so it does not show up on your record – and if it is dismissed, it won’t show up at all. But these routes require sharp, experienced legal counsel to fight for you and help you get the best possible outcome for your case.
How do I clear my Nevada driving record?
A DUI does not carry any demerit points. This is because when a person is convicted of DUI their driver’s license will automatically be suspended or revoked.
With that said, clearing your driving record typically means removing your points so your record is clean. Points do fall off your record automatically after 12 months. You can also complete a traffic safety course with a traffic school. This will shave three points off of your record.
How do you beat a DUI in Las Vegas?
The way you beat a DUI is dependent upon the factors surrounding your case. Each case is different, and there is no blanket answer to how do you beat a DUI.
It is fairly common though, for police officers to make mistakes when they are making a DUI arrest. The tests and tools that they use to determine the blood alcohol content (BAC) are often unreliable. They may be outdated or poorly maintained which impairs effective function.
An experienced defense attorney will conduct an investigation to review the details of the case, then show that the evidence that the state has against the defendant is not sufficient for supporting a conviction.
Other common defenses against a DUI include:
- The field sobriety test was poorly or inaccurately administered
- The physical condition of the defendant caused the BAC result to be inaccurate
- Rising blood alcohol
How do you get a DUI dismissed in Nevada?
If you are guilty of DUI the chances the charges will be dismissed are extremely slim. A dismissal of a case occurs when it can be proven that the defendant was not in control of the vehicle when the traffic stop took place or that the defendant was sober and their BAC was legal with no evidence of alcohol or drugs.
Legal References: NRS 3: CHAPTER 3 – DISTRICT COURTS NEVADA
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