Driving under the influence (DUI) in Nevada carries significant consequences, even for a first-time offense. It is essential for drivers in the Silver State to understand what they’re up against if they find themselves facing DUI charges. ATAC LAW is here to shed light on the law, penalties, and possible defenses for individuals charged with their first DUI in Nevada, guiding you through this challenging time with expertise and care.
Facing a First-Time DUI in Nevada: What’s at Stake?
When caught driving under the influence for the first time in Nevada, you could potentially be sentenced to jail for a period ranging from 48 hours up to half a year. However, often the arrest duration is regarded as sufficient for the minimal incarceration period. For individuals who do not spend the minimum jail time, substitute penalties such as 48 to 96 hours of service to the community may be ordered by the court.
Being charged with a misdemeanor DUI in Nevada brings along a set of penalties that go beyond potential jail time. Offenders may face:
- Financial strains with fines from $400 to $1,000, excluding the additional legal costs incurred.
- Requirement to complete a DUI School, which involves an 8-hour educational program conducted online.
- Attendance at a Victim Impact Panel, which might include talks from organizations like MADD.
- A provisional 6-month jail sentence which is only activated if the individual fails to comply with other conditions of the sentence.
- The need for SR-22 insurance for a period of three years.
- A revocation of your driver’s license for a six-month span.
Equipment Installation and Child Passenger Considerations
Installation of an Ignition Interlock Device (IID) on your car for six months is another possible stipulation in Nevada, and this comes out of your pocket. If a first-time DUI involves driving with a child under 15, incarceration is more likely as judges aim to ensure children’s safety.
Impact of Past DUI Offenses on Current Charges
The state of Nevada treats repeat DUI offenses more severely than initial convictions. However, previous misdemeanor DUI convictions will only amplify your situation if they occurred within the prior seven years, as Nevada has a “washout” or look-back period. For instance, suppose an individual had a DUI conviction in Nevada 20 years ago and another in California five years ago. The most recent incident would count as a prior, but the first would not affect the current charge, regardless of where the earlier offense took place.
The Implications of High BAC and Previous Felony DUI
Should the DUI charge arise from a blood alcohol concentration (BAC) reading of 0.18% or higher, additional penalties are attached, including an assessment program costing around $100 and potential mandated alcohol or drug treatment. Furthermore, an IID may be required for an extended period between one to three years.
In cases where the individual has a history of felony DUI convictions, any new DUI charge will be prosecuted as a felony, regardless of the time that has passed since the prior conviction. This is due to Nevada’s principle of “Once a felon, always a felon.”
What Happens to My License After a DUI in Nevada?
A DUI conviction in Nevada results in an automatic 185-day revocation of your driver’s license. Nonetheless, there’s an option to apply for permission from the DMV to install an Ignition Interlock Device (IID) in your vehicle. This device allows you to continue driving during the revocation period under specific conditions.
The Opportunity to Challenge the Revocation
After being arrested for a DUI, you’re provided with a limited timeframe to dispute the loss of your driving privileges. Specifically, you have just seven days to request a DMV hearing—an administrative proceeding separate from your criminal case. This timing can extend slightly if your arrest involves a blood test; the seven-day period starts once you receive a notification from the DMV about your blood test results indicating a DUI.
Understanding the Stakes of a DMV Hearing
Securing a favorable outcome in a DMV hearing is notably challenging. Unlike in a criminal trial, where the prosecution must establish guilt “beyond a reasonable doubt,” the DMV only needs to find minimal evidence of DUI to proceed with the license revocation. This represents a significantly lower threshold of proof, making it difficult for individuals to retain their driving privileges at this stage.
Winning Your Case: The Path to Keeping Your License
It’s critical to recognize that a victory in a DMV hearing does not guarantee the retention of your driver’s license if you are later found guilty of the DUI in criminal court. The definitive way to prevent a license revocation is to emerge successfully from both the DMV hearing and the criminal court trial.
Is It Possible to Get a First DUI Charge Dismissed?
In Nevada, dismissal or reduction of DUI charges is rare and occurs only when the evidence clearly cannot sustain a conviction. The legal team at ATAC LAW focuses on undermining the prosecution’s evidence to demonstrate its insufficiency for a successful conviction. Critical evidence in DUI cases may include the police report, testimony from witnesses, video from surveillance systems, medical documentation, and analyses from forensic experts.
Striving for Charge Reduction to Reckless Driving
When dismissal is off the table, achieving a charge reduction from DUI to reckless driving becomes the priority. This outcome is more achievable and often pursued by prosecutors if the evidence suggests guilt yet is marred by legal technicalities, such as administering blood or breath tests outside the specified two-hour window after arrest.
A reckless driving conviction is perceived with less negativity compared to a DUI and is less likely to harm job prospects. Furthermore, individuals struggling with substance abuse may qualify for the Misdemeanor DUI Court program, which upon successful completion, might result in the DUI charge being reduced. Participants in this program typically devote a year to rehabilitation, counseling, and various monitoring requirements, including drug testing and wearing a SCRAM monitoring device.
Advocating for Acquittal at Trial
Opting for trial allows you to challenge the prosecution to prove your guilt beyond a reasonable doubt. This can relate to the level of impairment, BAC levels at the time of driving or within two hours of driving, or the presence of drugs in the system
Can Hiring a Defense Attorney Improve Your Chances in a DUI Case?
At ATAC LAW, our extensive experience defending thousands of individuals in Nevada charged with their first DUI has shown us the effectiveness of several key defense strategies. Here’s how a competent defense attorney can challenge the evidence against you:
1) Flawed Field Sobriety Tests
Proper administration of field sobriety tests is crucial. The National Highway Transportation Safety Administration (NHTSA) has specific protocols for conducting tests like the Horizontal Gaze Nystagmus, One-Leg Stand, and Walk-and-Turn. Errors in administration, often due to officers not being fully trained on these NHTSA guidelines, can lead to invalid test results. Demonstrating these flaws might compel the prosecution to reconsider the strength of their evidence.
2) Medical Conditions Affecting Breathalyzer Accuracy
Several physical or medical conditions can skew the results of breathalyzer tests, leading to falsely high Blood Alcohol Content (BAC) readings. Conditions such as GERD, acid reflux, diabetes, or even dietary factors like a low-carbohydrate regimen can impact BAC results. By gathering medical records and employing expert testimony, a defense lawyer at ATAC LAW can challenge the reliability of the breathalyzer readings and potentially weaken the prosecution’s case.
Additionally, the maintenance and calibration of the breathalyzer unit itself are critical factors. Our legal team routinely investigates the history of the device used in your test to identify any potential errors due to faulty or outdated equipment.
3) Invalid Basis for DUI Stop and Arrest
The initial traffic stop and subsequent DUI arrest must be legally justified. Without reasonable suspicion or probable cause, any evidence gathered during an unlawful arrest might be inadmissible in court. By analyzing police dashcam and bodycam footage, we can assess whether law enforcement acted within legal bounds or if they misinterpreted the situation, potentially leading to the dismissal of charges.
Engaging a defense attorney who is knowledgeable in DUI laws and defense strategies can significantly alter the outcome of your DUI case in Nevada. At ATAC LAW, we are committed to analyzing every detail and advocating fiercely for our clients, aiming to either reduce the severity of the charges or achieve a case dismissal. If you’re facing DUI charges, consulting with an experienced attorney can provide the legal support necessary to navigate the complexities of DUI litigation.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
