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City of Reno-Municipal Court

Answers to your questions about DUI

What does "DUI" mean?

A person can violate the DUI (driving under the influence) law in three ways:

1. Driving while under the influence of alcohol or drugs (whether prescription drugs or illegal drugs).
2. Driving with a 0.08 or more blood alcohol level.
3. Providing a breath or blood sample within two hours of driving which shows a 0.08 blood alcohol level.

A person with a blood alcohol level under 0.08 may be convicted of driving under the influence if it can be shown he or she was driving while influenced by alcohol, " to a degree which renders him/her incapable of safely driving or being in actual physical control."

What are field sobriety tests?

Field sobriety tests are conducted to test the coordination and concentration abilities of the DUI suspect. A person is not legally required to submit to field sobriety tests.

How is the DUI suspect tested for alcohol level?

If a person is suspected of driving under the influence of alcohol, two tests are available: breathalyzer or blood. If a person is suspected of driving under the influence of drugs, two tests are available: blood or urine.

Do you have to consent to the tests?

Nevada law says that a DUI suspect must choose between tests if asked to take one by a police officer having reasonable grounds to believe that he or she is under the influence. If the DUI suspect refuses to take a test, an officer may use reasonable force to obtain a blood sample from the suspect.

What if the person is not driving the car but is asleep in the car when an officer arrives?

It is illegal to be in actual physical control of a car while under the influence of alcohol or drugs. Many factors determine whether a person is in actual physical control, but some common ones are that the person is behind the wheel, has the keys in his or her possession, and must have driven the car to the location where the police officer sees the car. Being asleep is not a defense to being in actual physical control. The penalties for being in actual physical control are the same as for driving while under the influence.

What penalties are imposed for DUI?

The first offense is a misdemeanor. Misdemeanors are punishable by up to six months in jail and a $1,000 fine. The minimum penalties for first offense are two days in jail or 48 hours of community service, a $400 fine, $70 in court costs, a $60 chemical test fee, and a DUI education course including mandatory attendance at a victim impact panel. If a person's blood alcohol level was a 0.18 or more or if the person is under the age of 21, he or she must have a mandatory alcohol evaluation.

A second offense within seven years also constitutes a misdemeanor. The person must pay a fine of $750, or the equivalent amount of community service hours, and serve a minimum of 10 days and up to six months of jail time.

A third offense within seven years is a felony, carrying a sentence of one to six years in prison (not subject to probation) and a $2,000 to $5,000 fine.

If the prosecutor is seeking imprisonment as a result of a conviction, the DUI defendant is entitled an attorney. If the person cannot afford an attorney, an attorney will be appointed to assist him or her.

What is a felony DUI?

This is a third DUI committed within seven years. Any DUI which involves an accident resulting in a death or substantial bodily harm to another person, whether that person is a passenger in the driver's car or someone not in the driver's car, is also concidered a felony offense DUI. "Substantial bodily harm" is defined in Nevada Revised Statute 0.060.

What are the penalties when a death or serious injury is involved?

The person must be fined $2,000 to $5,000 and serve 2 to 20 years in prison for each injury or death. Probation is not available for this charge.

Are DUI convictions from other jurisdictions counted by the Nevada courts as prior convictions?

Yes. A DUI conviction from any state within seven years of the current DUI case will count as a prior conviction in Nevada.

Does a person go to jail when arrested for DUI?

Yes. The officer will transport the arrestee to the nearest facility where the arrestee will be tested for alcohol level. The arrestee can be released from jail if he or she posts bail.

Does the person lose his or her driving privilege with a DUI?

A person convicted of a DUI first offense will lose his or her license for 90 days. A person convicted of a DUI second offense will lose his or her license for one year. A person convicted of a DUI third offense or a DUI where death or serious bodily injury occurs will lose his or her license for three years. A person whose blood alcohol test was 0.10 or more will lose his or her license for 90 days.

A driver may request a hearing on the revocation. A driver is required to notify DMV of his or her current address, so it is not a defense that the driver did not receive notice. A license to drive to work is available after half the revocation time has been served if the Breath Ignition Interlock Device is installed in the vehicle by order of the court.

A person convicted of driving while his or her license is revoked for DUI must serve 30 days in jail or 60 days house arrest and must pay a $500 to a $1,000 fine. The driver's license will be revoked for an additional period of time. When a revocation period has been served, the driver must go to the DMV to get his or her license back. The driver must pay a reinstatement fee, take a test (or tests) to earn back the license and maintain as SR-22 for three consecutive years.

Attorney Offices

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7. Mueller & Hinds: DUI or driving under the influence of alcohol, recreational, or even prescription drugs is a very serious matter in Nevada. You can be prosecuted for a DUI even if your blood alcohol measures under the legal limit (.08%). Further, you risk jail time and complete loss of your driving privileges. Even if you do not have a Nevada driverÕs license, you can lose your driving privileges in your home State. You need a qualified Las Vegas DUI defense attorney to handle your case. DUI is a specialized, technical area of law that requires skill, dedication, and expertise. DUI Frequently Asked Questions * I was just arrested, what should I do? Although your court date may not be for many months, we urge you to contact us immediately. If you submitted to a breath test at the jail or possibly in a DUI van, your driving privileges may already be suspended. You will not receive any notice from the DMV. If you retain us, we will immediately request an administrative hearing to challenge the loss of your driving privileges and request a temporary license for you. In generally takes 3 business days for your license to be available. You will then take $2.25 to any full-service DMV and pick up your license. If you submitted to a blood draw, your results will likely not be available for approximately 75 days. Regardless, it is far much more beneficial to you if you contact us as soon as possible after your arrest to begin preparation of your defense. There may be valuable evidence that is in danger of being destroyed if you do not act quickly. * What will happen if I am convicted of a DUI? If you are convicted of a first offense DUI, you are facing the following criminal sentence: 1. 2 days up to six months in jail or 48 to 96 hours of community service; 2. A fine from $577.00 up to $1,000 fine, including court costs; 3. A $60.00 chemical assessment fee; 4. Attendance at a DUI school, which is usually an 8 hour class that generally costs around $200.00; 5. Attendance a Òvictim impact panel.Ó This is a one-time seminar sponsored by MotherÕs Against Drunk Driving. The speakers are persons who were themselves victims of drunk driving accidents or persons who have had family members killed or injured by drunk drivers. The fee for this panel is usually $50.00, payable in cash the night of the seminar. 6. If your blood alcohol level was 0.18 or higher or if you are under the age of 21, you must also submit and pay $100 for an alcohol evaluation to determine if you need treatment for alcohol abuse. In addition, you are facing the following administrative penalties. You may suffer these consequences even if you are not convicted of a DUI: 1. Your license may be revoked for 90 days. You must serve 45 days of the 90 day suspension before you are eligible for a license to drive to and from work; 2. $65 Reinstatement Fee 3. $35 Victims Compensation Civil Penalty 4. $21.75 Driver License Fee 5. You may be required to take your written and driving tests again. 6. Further, you will be required to carry SR-22 insurance for a period of three years, whether you drive or not. For a second offense DUI, you are facing all of the criminal penalties, except that jail time is a minimum of 10 days, the minimum fine is $750.00, and the alcohol evaluation is mandatory. Further, you will lose your driving privileges for 1 year. There is no provision in Nevada law that allows you to serve a portion of this suspension and obtain limited driving privileges. For a third offense conviction, you are facing a mandatory 1 to 6 year mandatory prison sentence (this crime is non-probationable). In addition, your driving privileges will be suspended for a minimum of 3 years from release of prison. * Do convictions from other states count for a second and third offense? Yes, but there are many ways to challenge DUI convictions both from Nevada and other jurisdictions. * What will happen to me if I am under 21? The legal limit for drivers under 21 is 02%. You will face all of the penalties above, except that the alcohol evaluation is mandatory. If you are younger than 18, the juvenile judge may add additional requirements to your sentence, such as imposition of curfew, mandatory employment, and maintenance of a certain grade point average. * What if I wasnÕt driving, but I was asleep in the car? In Nevada, you cannot drive or be in actual physical control of a motor vehicle while under the influence. There are several factors used to determine whether a person is in actual physical control of a motor vehicle, such as where the occupant was seated, whether the keys were in the ignition, whether the car was running, and whether the car was in a location that the person must have necessarily drove there. You need a skilled attorney to handle this case. If you arenÕt careful, you could be convicted of driving under the influence for sleeping in your car! * What will happen if I drive while my license is suspended? If your license was suspended because of a DUI, and you are convicted of driving on a suspended license, it is mandatory under Nevada law that you spend 30 days in jail. This is actually longer than the amount of time you would likely spend in jail for the DUI conviction itself. * What is the difference between a suspended and revoked license? A suspended license if suspended for a set period of time. In Nevada the suspensions are 90 days for a first offense DUI, 1 year for a second offense DUI, and 3 years for a third offense DUI. If you comply with all other requirements, you are eligible to receive your license after the time period has elapsed.

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