DUI Attorney in Las Vegas
Providing a Strong DUI Defense Strategy After Your Arrest
DUI cases in Las Vegas are not all the same, so it’s important to talk to a DUI attorney about yours before your initial court appearance. Even if your breathalyzer or blood test results came back over the legal limit, there are often many smart strategies an experienced DUI lawyer can use to get the charges reduced – or even dismissed.
This strategy is why we urge you to call ATAC Law LLC to schedule a free case evaluation with one of our experienced staff members. We can consult over the phone or sit down with you to talk at our Las Vegas office across the street from the courthouse.
Our skilled criminal defense team has helped thousands of clients throughout Nevada get their DUI charges reduced or dismissed altogether and keep their driving privileges intact. It’s especially important to seek our legal assistance if this isn’t your first DUI charge in Nevada, since the criminal penalties increase with the number of convictions you have on your criminal record.
Note that Nevada DUI laws forbid prosecutors from dismissing or reducing drunk driving charges unless there is insufficient evidence to secure a conviction. Therefore, defendants like you need aggressive Las Vegas DUI attorneys and trial lawyers to investigate every detail to weaken the state’s case. The fact is that prosecutors are more likely to negotiate a good plea deal when an experienced DUI defense lawyer represents the defendant, so contact us today for the quality legal representation you deserve.
What Are the DUI Laws in Nevada?
In this state, it is illegal to operate a motor vehicle when your blood alcohol concentration (BAC) is 0.08% or above. As a result, if Nevada law enforcement officers pull you over and find that your BAC is over this limit, you’ll be charged with driving under the influence.
However, there are some exceptions to this law. If you’re a commercial truck driver with a commercial driver’s license (CDL), you could get a DUI if your BAC is 0.04% or higher. If you’re under 21 years old, you could be charged with a DUI if your BAC is 0.02% or higher.
Some drivers can face a Nevada DUI even if their BAC isn’t over the legal limit or if they haven’t been drinking at all. For instance, if the police believe your driving is impaired but your BAC is slightly lower than 0.08%, they can still arrest you for a DUI.
In addition, you can face this criminal charge if you’re impaired by drugs while driving. This impairment includes both illegal substances and legal, prescribed medications. If they impair your ability to drive safely, according to the police officer who pulls you over, you could be arrested for a DUI in Las Vegas.
If you have questions about your DUI charges or are ready to fight back in court, contact our legal team for advice from caring Las Vegas DUI lawyers. We realize what’s at stake if you’re convicted of a DUI charge in Nevada, so we’ll do our best to protect you from a misdemeanor or felony DUI conviction.
What Are the Possible Penalties of a DUI in Las Vegas?
It’s understandable to be worried about the legal consequences you could end up with after your Las Vegas DUI arrest. After all, the criminal penalties can range from significant fines and license suspension to jail time and DUI school online.
Your specific punishment will depend on how many prior DUI convictions you have on your record and whether you caused a car accident that injured or killed someone due to your alleged impaired driving. Our criminal defense lawyers will let you know the penalties you’re facing depending on these and other details we discover during your free consultation.
First-Time DUI
The typical penalties for a first offense of drunk driving as a misdemeanor are:
- $600 to $1,000 in fines plus court costs
- Eight-hour DUI School (which can usually be done online)
- Attendance at a Victim Impact Panel (such as MADD)
- Two days to six months of jail time or 48 to 96 hours of community service
- A 185-day driver’s license revocation
If your blood alcohol concentration (BAC) is 0.18% or higher, you will also have to submit to an alcohol/drug dependency evaluation and undergo a rehabilitation program. In addition, once you’re legally allowed to drive again, you will have to pay to install an ignition interlock device (IID) on your car and use it to test your breath for alcohol every time you drive for one to three years.
Second-Time DUI
If you’re convicted of a second DUI within a seven-year period, this is also a misdemeanor, but the consequences are slightly more severe. To start, there is a mandatory minimum jail sentence of ten days, so you likely won’t be able to avoid jail time if convicted of this misdemeanor DUI charge in Las Vegas.
The full sentence for a second-time DUI in Nevada includes:
- $750 to $1,000 in fines plus court costs
- 12-hour DUI school
- Victim Impact Panel attendance
- Ten days to six months in jail, or house arrest
- One-year driver’s license revocation
- Possibly a one-year court-ordered substance abuse program
If your BAC is 0.18% or higher, you will also be required to install an ignition interlock device in your car for one to three years. You’ll be responsible for paying all associated costs, including an installation fee and monthly payments on the device.
Third-Time DUI
If you’re convicted of a third DUI in a seven-year time span, you’ll have an automatic category B felony on your criminal record. The punishment for a third DUI usually includes:
- One to six years in prison
- $2,000 to $5,000 in fines, plus court costs
- One to three years of using an ignition interlock device, plus paying all associated costs for the installation and use of the device
- Three-year driver’s license revocation
If these Nevada DUI penalties seem harsh to you, that’s because they are, as the goal is to persuade people to stop driving under the influence of alcohol or drugs. However, we know that sometimes the police and prosecutors get important details wrong, resulting in false allegations and unfair assumptions about our clients.
That’s why you owe it to yourself to find the best DUI lawyer possible to help you fight these charges. You need the legal assistance of a team that has helped numerous Las Vegas drivers avoid the severe penalties that come with a drunk driving charge in this state. If you’re ready to discuss your legal options with an experienced DUI attorney, call our Las Vegas law firm today to schedule an initial consultation.
When Is a DUI a Felony in Nevada?
A standard DUI is a misdemeanor, whether it’s your first or second conviction of this kind, but certain elements can turn this offense into a felony. In particular, there are three circumstances where driving under the influence is a felony in Nevada, and each carries a different prison sentence.
You already know that your third DUI offense in this state is a felony charge that could result in prison time and thousands of dollars in fines. However, in some cases, you could be charged with felony DUI, even if it’s your first offense. For instance, if you drove under the influence and caused a car accident that severely injured or killed someone else, you’ll likely face felony DUI charges that can result in two to 20 years in prison.
Even if you didn’t cause a car crash while driving under the influence, you could be charged with a felony DUI if you have a prior felony DUI conviction on your record. So, if this is your fourth DUI offense, or you harmed or killed someone in a DUI wreck in the past, and you’re caught driving while impaired again, you’ll be arrested for a felony DUI in Nevada. This arrest can result in two to 15 years in prison if you’re convicted of this crime.
Nevada felony DUI convictions can have life-altering consequences, so Las Vegas drivers should do everything they can to avoid them. If you’re worried about your criminal case and want to avoid the serious consequences that come with a felony DUI offense, call our trusted Nevada attorneys after your DUI arrest so we can begin strategizing the most effective DUI defense options for you.
What Are Some DUI Defense Strategies to Consider for Your Case?
DUI arrests can be scary, but they don’t always have to be life-changing, as you can typically avoid the most severe penalties by hiring a skillful criminal defense attorney to fight your DUI charges. Depending on the evidence in your Nevada DUI case, experienced criminal defense attorneys can work toward getting your DUI charges and penalties dropped or reduced. When you hire ATAC Law LLC to handle your criminal case, you’ll get a defense strategy tailored to your specific situation, but you can get an idea of the most common DUI defense options in the meantime.
Before strategizing the best criminal defense angle for your case, your Las Vegas DUI attorney will consider the main elements the prosecutor must prove to get a DUI conviction. In most cases, they must be able to prove that the police observed signs of impaired driving before they pulled you over. The police report might also state that the officer smelled alcohol on your breath, saw empty alcohol containers in your car, or noticed slurred speech. These observations might be paired with the officer’s determination that you failed the field sobriety tests or your BAC measured 0.08% or higher. Once your DUI attorneys have collected all the evidence against you, they can determine how best to attack its validity.
Questioning the Police Officer’s Observations
One example of a legal defense your attorney might initiate is to review the police officer’s paperwork to determine if they had reasonable suspicion to pull you over for drunk driving or probable cause to arrest you. If witnesses or video footage show that you were driving normally just prior to your DUI arrest or that the supposed signs of intoxication were due to a medical condition, your criminal defense attorneys can argue this to get the case dismissed.
After all, the police officer’s observations can be flawed. They might mistake signs of distracted driving for impaired driving, or they might hear a speech impediment and assume it’s slurred speech due to intoxication.
This bias is also why field testing results aren’t always accurate. There are many reasons you might struggle to walk a straight line or follow instructions, including medical conditions, recent surgery, obesity, advanced age, and injuries that affect your ability to stand or walk. If any of these apply to you, your Las Vegas DUI lawyers can present your medical records and any other proof to defend you against your DUI charges.
Challenging the Validity of the BAC Test Results
If the main evidence against you is that your BAC measured at or above 0.08%, the Las Vegas defense group you hire will investigate the circumstances surrounding the test to determine if they can invalidate the results. For example, if the police used a breathalyzer to test the alcohol in your system, your lawyer might investigate whether the testing device was correctly calibrated. If not, the results would be inaccurate, which could cause the case to be dismissed if this is the only evidence against you.
In addition, it’s essential to know that the breathalyzer can give false positives if you suffer from certain medical conditions, such as acid reflux, heartburn, diabetes, dental problems, and even certain foods and medications. Experienced DUI lawyers make sure their clients know this and can use this information to fight the DUI charges in Nevada.
If your blood-alcohol concentration was measured through a blood test, your attorney will review the testing process, timeline, and blood storage to discover any problems that could lead to inaccurate blood test results. For instance, if there is evidence your blood sample was likely contaminated, improperly stored, or switched with someone else’s, it could mean the results of the test were inaccurate and can’t be used to convict you of a DUI offense.
Plea Bargaining
In some DUI cases, all the evidence against the defendant is found to be accurate. However, that doesn’t necessarily mean a guilty verdict is inevitable. An experienced legal team can make other arguments in court, such as that you did not have control of the vehicle when you were accused of driving under the influence. If you’ve been charged with a second or third DUI, your lawyer might have a reason to argue that your previous DUI offenses shouldn’t count as previous convictions in this state, so you should be charged with a first offense instead.
Depending on the evidence in your case, the Las Vegas defense group representing you might try to plea bargain your DUI to a lesser offense, such as reckless driving. Being convicted of this misdemeanor charge instead of a DUI could allow you to keep your driving privileges and avoid having a DUI on your criminal record. After reviewing your case, your Las Vegas criminal defense attorney will let you know if pleading down to reckless driving or other lesser charges is an option for you. Call our law office today to discuss the details of your case.
Are You Ready to Hire a DUI Attorney in Las Vegas?
If you’ve been accused of driving under the influence of alcohol or drugs in Nevada, you should seek legal counsel immediately for a chance to avoid the most serious penalties. After all, the prosecutors are not on your side and will push the judge to punish you for an offense they believe you’re guilty of, even if you’re not.
This risk is why you need skilled lawyers fighting on your behalf to reduce or dismiss the severe criminal charges against you. You deserve the chance to show that you’re not guilty as charged and should be shown leniency, and that’s what ATAC Law LLC will do for you during your case.
We understand that the evidence against you might be inaccurate or misleading, and we’ll work hard to prove it in court when possible. If you’re ready to get legal assistance from a trusted criminal law firm serving Nevada drivers, call our Las Vegas law office at 725-217-4753 for a free initial consultation.
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