Attorney Offices
- Weiss, Darren:
DUI
Driving under the influence of alcohol ('driving while intoxicated, drunk driving, drinking and driving, DUI, DWI) is, at its simplest, the act of operating a motor vehicle after having consumed alcohol, or other drugs, to the degree that the ability to drive safely is impaired. Of course, as with most of the law, nothing is as simple as it first appears.
An accused driver may be prosecuted under an actual impairment or a "intoxicated per se" theory. Proving actual impairment or inability to safely operate the vehicle is a much more difficult case for the state to prove that a per se DUI. Most cases are prosecuted on a per se theory.
"Per Se" Blood Alcohol Concentration (BAC) Level
Nevada has what is called a per se DUI law. Per se laws are DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary. Under a per se theory the Court need not, and will not hear evidence as to how well an individual can handel liquor with a .08 BAC.
Minors (under 21) and Blood Alcohol Concentration (BAC) Level
Nevada has a law that targets drivers under the legal drinking age. This law penalizes persons under 21 for operating a vehicle with even low levels of alcohol in their systems. In Nevada the maximum threshold for a minor is .02 percent BAC.
Basic Penalty for DUI Conviction in Nevada
A 1st offense is a misdemeanor- Standard bail is $2,000.00. Conviction carries a penalty of 2 days to 6 months in county jail and/or community service and up to $1,000.00 fine. Additionally, a convicted person must attend a one day DUI class and 2 hour Victim Impact Panel.
A 2nd Offense within 7 years is a misdemeanor - Conviction carries a penalty of 10 days to 6 months in County Jail and/or community service and up to $1,000.00 fine. Additionally, a convicted person must attend a one day DUI class and 2 hour Victim Impact Panel.
A 3rd offense within 7 years is a Felony - Standard bail is $5,000.00. Conviction carries a penalty of 1 to 7 years Nevada State Prison. Such offense is non probationable. Additionally, there can be a fine of up to $5,000.00.
Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
There are often options or avenues to avoid jail or prison in the above type cases. What can be done is case specific. Consult an attorney. Nothing in this article or on this website is intended to replace the sound analysis of a qualified attorney. Things in this regard are rarely black and white.
Enhanced Penalty for high Blood Alcohol Concentration (BAC) Level
Nevada imposes harsher penalties on DUI offenders with a BAC of .18 or greater at the time of the offense. Additional, penalties can include a breath interlock device on your vehicle or other alcohol monitoring devices. A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected. DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. You may also be required to attend group counseling, individual conseling or AA.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI.
A word about Field Sobriety Tests:
These are tests that are designed to check "divided attention", a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a D.U.I. arrest.
These "tests" may include the following:
Nystagmus Horizontal Gaze Nystagmus: The officer will position a pen or other object about 12 inches away from the driver's face, and move the object from side to side while watching the subject's eyes. The officer is looking for involuntary jerking or trembling of the eyeball called a nystagmus. This Nystagmus may be a sign that the subject has consumed alcohol.
Walk and Turn Walk and Turn: The subject takes a series of heal to toe steps along a line, turns, and steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.
Standing on One Leg Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.
Finger to Nose Finger to Nose: This test requires the suspect to place his or her feet together while standing straight with eyes closed, and bring the index finger to the nose as ordered by the officer. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.
The Rhomberg Balance test The Rhomberg Balance test: The accused assumes a position of attention, closes their eyes, tilts their head back, and estimates 30 seconds. The officer is looking for the inability to stand still or steady, body or eyelid tremors, opening eyes to maintain balance, swaying (either front to back or side to side), muscle tension, or statements made by the accused. The officer is also testing the suspect's internal clock, which will usually be slow in the case of alcohol or depressants, or fast in the case of stimulants.
Other Field Sobriety Tests include counting backwards, or reciting the alphabet.
Driver's License Suspension/Revocation
90 days for 1st offense
1 year on 2nd offense
3 years on 3rd offense
You do have a right to an administrative hearing before a DMV Judge regarding your license. This hearing is separate and distinct from your regular DUI case. Once a suspension has gone into effect, you can apply for a limited work license only after 1/2 of the suspension period has been served. See the "DUI Links" button above for more valuable information on this topic.
- Pezillo Robinson:
* Battery domestic violence
* DUI/DWI (including driver's license suspension)
* Drug crimes
* Theft, shoplifting and burglary
* Check fraud, bad checks and casino markers
* Prostitution
* Gun crimes and weapons violations
* Disorderly conduct, public drunkenness and illegal trespass
* Minor in possession of alcohol
* Reckless driving and traffic charges
- Bush & Levy:
It is never too early to consult with a criminal defense attorney Ð the faster you have a criminal defense lawyer by your side, the better protected your rights become. This is true for any type of criminal allegation, from the simplest traffic ticket to the most serious felony charge. Criminal defense lawyers have the experience and knowledge to protect your interests at every step of the criminal process.
What are felonies and misdemeanors?
A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor is not considered as serious as a felony, and is usually punishable by a fine or a year or less of incarceration. Both Nevada law and federal law define actions they consider to be crimes, and then divide those crimes into felonies and misdemeanors. It is possible that one event can violate both state and federal law.
When do you need a criminal lawyer?
You donÕt need to be arrested to need a criminal defense lawyer. Nevada law (and federal law) protects your rights long before you are charged with any crime. Anyone stopped by the police, or briefly questioned by an officer, has specific legal rights which they may or may not know.
What are my legal rights when I come into contact with the police?
The police have no duty to explain all your legal rights to you. Having a criminal defense attorney on your side can insure that your legal rights are protected. For example:
Stop or Traffic Stop by the Police Ð What Are Your Rights?
You may be stopped for questioning by the police. A stop is not the same as an arrest because, although you may be detained, you aren't moved to a different location. During a stop the police officer may ask you questions, but you have the right to refuse to answer. A criminal defense lawyer can fight vigorously on your behalf if you were denied your right to refuse to answer the officerÕs questions.
Search of Your Property or Person and Search Warrants Ð What Are Your Rights?
When do they have to have a warrant to search your place?
A search warrant is a document issued by a judge that authorizes police officers to conduct a search of a specific place, like your home. In order for a warrant to be issued by a judge, "probable cause" is necessary. Criminal defense lawyers often challenge search warrants as lacking probable cause, making anything taken during the search inadmissible as evidence against you.
What is probable cause? It means that the judge has been given sufficient facts to show that it is more likely than not that the specific items to be searched for (they have to be listed in the warrant) are connected with criminal activities Ð and that those very items likely will be found in the place to be searched (the warrant also has to list the specific location of the search).
Criminal defense attorneys meticulously go over search warrants, because these warrants have to be detailed and exact and based upon proper facts. An overly broad search warrant is invalid. So is a search warrant issued without proper facts Ð and a criminal defense lawyer knows how to prove that the warrants (and the evidence connected to them) cannot be used against you.
Can the police ever search without a search warrant?
Yes. Sometimes, the police can search without a warrant. These are called Òwarrantless searchesÓ and they are only legal in certain situations:
1. Searches incident to arrest. Police officers are permitted to search your body and/or clothing for weapons or other contraband when they are making a valid arrest. Criminal defense lawyers know the legalities here Ð if the officers attempt to search before a valid arrest procedure has begun, then any evidence they take must be excluded from the case.
2. Automobile searches. If you're arrested in a car or other motor vehicle, the police may search the interior without a warrant. However, before they can search in the trunk, in a locked glove compartment, or other blocked areas, Òprobable causeÓ is necessary. Here, criminal defense attorneys can advance legal arguments in court that there was not probable cause to search these parts of the car, so any evidence found during the warrantless search legally cannot be used by the prosecutor.
3. Exigent circumstances. Searches may be conducted if there are "exigent circumstances" These are circumstances which demand immediate action, such as avoiding the destruction of evidence. Criminal defense lawyers carefully check these types of searches because the situation must truly be immediate and unique to qualify as Òexigent.Ó If there was no emergency, then the search was illegal and nothing found during the search can be used as evidence.
4. Plain view Police can search when they see an object that is in plain view, and the officer has the right to be in the position to have that view. For example, if a police officer pulls someone over for a traffic ticket and sees drugs or contraband setting on the front seat, he does not need a warrant to search the car. Criminal defense attorneys consider two factors here: first, whether or not something is truly in Ôplain viewÕ and second, whether the officer had a legal right to be in the position to see the object. Both can turn into complex legal arguments for a criminal defense lawyer to pursue in court, arguing that the evidence is inadmissible against your case.
5. Consent If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren't required to consent to any police searches. Criminal defense attorneys are especially important here, to advise their clients not to voluntarily consent to a search just because a police officer politely asks for permission.
What is an arrest -- What Are Your Rights?
When you are arrested, you are taken into custody by a police officer and are no longer free to do as you please. You may or may not be handcuffed.
Arrests take your freedom, and there are lots of laws that apply to the arrest process. First, there must be "probable cause." This means that the police officer must have a reasonable belief that a crime was committed and that you committed the crime. An arrest warrant is not necessary. A criminal defense attorney will investigate whether or not the arrest was valid, with Òprobable cause,Ó under both Nevada and federal law.
After you're placed under arrest, you have specific constitutional rights to protect you which a criminal defense lawyer will insure have been honored. These include two critical rights: the right to remain silent and the right to have an attorney.
You do not have to say anything to police or investigators until you have your criminal defense lawyer by your side. And, you must be given the opportunity to contact an attorney. These are rights guaranteed to you under the U.S. Constitution.
What is booking?
Booking is the procedure where those arrested are taken to the police station, fingerprinted, and asked a series of questions, such as full name, address, and date of birth. You'll be searched and photographed and your personal property, such as your jewelry and wallet, will be catalogued and stored. Your criminal defense attorney probably will not have time to reach you before booking, but if youÕve called your lawyer, then they should be on their way to help you.
Have you just been arrested?
What is arraignment --What Are Your Rights?
Arraignment is your first court appearance before a judge. After criminal charges are filed as formal written documents, you'll be brought to appear before a judge at an "arraignment." If you're in jail and incarcerated, this will usually occur within 72 hours of your arrest.
During your arraignment, you'll be asked to enter a "plea" to the crime for which you have been charged. Your criminal defense lawyer will appear with you at this hearing, and will have discussed possible pleas with you beforehand. Together, you will decide the best plea for you to offer the judge at the arraignment. Your attorney will also ask that you be released pending trial, by bail or on your own personal recognizance.
What are pleas?
Pleas are how you answer the charges made against you. You have three choices. If you plead "guilty" or "no contest," there will not be a trial. After your plea, you'll be sentenced. It is extremely important to work with a criminal defense lawyer before you decide which plea you will choose Ð and you must choose one of the three options:
* Guilty plea Plead "guilty," and you're admitting in open court to the facts of the crime (a crime occurred) and that you were the one who committed that crime. No one should ever assert a guilty plea without discussing its consequences with a criminal defense lawyer.
* Not guilty plea Plead "not guilty" and youÕre telling the judge that you did not commit the crime with which you were accused. You are claiming in open court that you are innocent, and you are forcing the prosecutor to find evidence to prove otherwise beyond a reasonable doubt. After your plea, the judge will schedule a preliminary hearing, pre-trial or trial date. From the time that you plead Ònot guilty,Ó your criminal defense attorney will be building your defense while the prosecutor will work on establishing a solid case against you.
* No contest plea Plead "no contest" plea and you are telling the judge that while you do not want to dispute the charge you are not admitting guilt, either. Criminal defense lawyers often advise that Òno contestÓ pleas be pled because guilty pleas can be used against you in later civil lawsuits but Òno contestÓ pleas cannot.
What about bail -- What Are Your Rights?
There is no legal right to bail. Since jails are crowded, and you are presumed innocent until proven guilty, criminal defense attorneys will fight for you to be free until you are found guilty of the charges against you. To insure that criminal defendants donÕt escape or disappear before their trial, the bail process has evolved.
During the arraignment, which is your first time in court, your criminal lawyer will ask the judge to let you go free, with or without bail. The judge can do three things:
Set bail in a certain amount, allowing you to be free once that amount is paid;
Refuse to set bail and send you back to jail; or
Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations.
"Bail" is money or property turned over as financial security to make sure you'll show up for further criminal proceedings and trial. Anyone can pay your bail. Bail can be paid:
* In cash
* Through a pledge of property, such as a home (if permitted in that court)
* A bail bond.
A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. If you are in need of a bail bondsman, your criminal defense lawyer can assist you in contacting one Ð and you may have already made tentative arrangements with your bail bondsman before going to your arraignment.
How Fast Will You Get to Trial?
You have an absolute right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that trials be held within a certain time frame after a person has been charged with a crime.
However, this right can be waived by asking for additional time to prepare your defense. Whether or not to waive your right to a speedy trial is a big decision that you and your criminal defense attorney will consider in detail. Strategy is important here: if you donÕt waive your right, then the prosecutor doesnÕt have much time to get the case against you ready, but you wonÕt have much time to prepare your defense, either.
If you donÕt waive your right, how fast can you get to trial? In Nevada, you have a right to a trial within 60 days after you have been charged with a crime, unless you postponed the trial by filing an application with the court.
What about Plea Agreements?
Plea agreements are settlements, and you do not go to trial. You have no legal right to a plea agreement. Many prosecutors routinely consider "plea agreements," even though it's not legally required. Plea agreements are the result of your criminal defense attorney negotiating a deal with the prosecutor on your case, usually where a guilty plea will be entered if the prosecution drops or lessens charges and recommends a lesser sentence or fine.
If You Lose at Trial, What Can You Do? When Can You Appeal Your Case?
After conviction and sentencing, you may be able to file an appeal of your sentence. If you were convicted after a trial, you have an absolute right to appeal. If you were convicted after you entered a guilty plea, you may need to ask for "leave" or permission to appeal your conviction.
An appeal is not a second trial of the case. An appeal is a double-check of all the proceedings, as they are recorded in the public record, to make sure that everything was fair and none of your legal rights were violated. Special courts exist that undertake this review process, including state and federal courts of appeals as well as the United States Supreme Court.
There are numerous reasons for an appeal from a guilty verdict in a criminal case, including what's called "legal error." While many convicted defendants do file their own appeals, having an experienced criminal defense attorney helping in your criminal appeal can be very advantageous. Criminal lawyers can point out legal errors such as:
* Allowing inadmissible evidence during the criminal process, including evidence that was obtained in violation of your constitutional rights
* Lack of sufficient evidence to support a verdict of guilty
* Mistakes in the judge's instructions to the jury regarding your case
* Discovered misconduct on behalf of the jurors
* Newly discovered evidence that shows you are innocent (ÒexoneratesÓ).
- Laub & Laub:
Drunk driving is a dangerous offense that puts others at risk. However, if you have been accused of drunk driving, you are at risk as well. When you are facing drunk driving charges, you may lose your license, be charged with massive fines, or even face jail time. When you are charged with drunk driving, an experienced lawyer will be an asset to your case as well as your future.
- Salas & McQuig:
If you are arrested or charged with a crime, it is very important that you are represented by a criminal defense attorney that has the knowledge and experience needed to help insure fair treatment under the law.
- Cynthia Dustin:
Experienced in handling felony, gross
misdemeanor and misdemeanor offenses,
including dui or dwi (drunk driving) charges,
battery domestic violence charges, and
juvenile offenses.
- Stafford Legal:
Drunk Driving & DUI
- Drunk driving convictions in Nevada are serious and include the
possibility of penalties such as:
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Alcohol highway safety
school
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Arrest and alcohol
treatment costs
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Cancellation of insurance
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Criminal record
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Fines and forfeitures
-
Increased insurance rates
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Jail or prison time
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Job loss
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Probation and community
service
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Suspension or loss of
driver's license
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Vehicle forfeiture or loss
- Benson Lee & Associates:
Drunk Driving (DUI): Federal and Nevada cases. DUI occurring on Federal
lands will be handled in Federal Court. Under Nevada law, first and
second DUI offenses are handled as misdemeanors but a third time
offense is considered charged as a felony. DUI involving serious bodily
injury or a death are extremely serious.
- James L. Lee:
Do You Understand D.U.I.? (Driving While Under the Influence of Alcohol
or a Controlled or Prohibited Substance)
If you are like most people, the answer is no. Obviously, driving while
impaired by the effects of alcohol is against the law, not to mention
dangerous to human life, including your own. But, many people arrested
and charged for D.U.I. are not "guilty" as the crime is defined by law.
Because people don't know their rights, they incriminate themselves,
and may actually become convinced by police officers and prosecutors
that they have committed a crime when they really haven't. Many
innocent people suffer the wrath of a DUI charge unnecessarily. If you
have been charged with DUI you need to be armed with knowledge so that
you can understand and exercise your rights that you have under the
law.
If you are stopped for a routine traffic violation and have had only a
few drinks, you could find yourself charged with D.U.I. and your
license suspended if you don't know and exercise your legal rights.
Don't let this happen to you.
- Mace Yamplosky:
"Driving Under The Influence" means operating a motor vehicle while under the
influence of alcohol and/or drugs to a degree that renders one unable to safely
drive a vehicle. Years ago, a "drunk driving" meant that someone was "drunk" in
the way all of us commonly understand the word: intoxicated. In the mid 1980's,
legislatures all over the United States began to toughen their DUI laws in a
response to public outcry. Today it is not necessary that a person be drunk to
receive a DUI citation.
- Betsy Allen: All
evidence must be relevant in order for it to be admissible. There are
numerous instances when relevant evidence is not admissible for various
reasons including hearsay. Evidence itself falls into one of two
categories, direct or circumstantial.
- Joel Mann: In Nevada,
"Driving Under The Influence" means operating a motor vehicle while
under the influence of alcohol and/or drugs to a degree that renders
one unable to safely drive a vehicle. It is not necessary for one to be
drunk to be arrested for or convicted of DUI in Nevada. Nevada DUI
convictions can be obtained when a person operates a vehicle while
under the influence of alcohol OR operates a vehicle with a blood
alcohol level (BAL) or breath alcohol content (BAC) of .08 or greater.
Nevada DUI cases can be brought against a person who may appear normal,
but who is above the legal limit of .08% BAC. This is called Nevada's
"Per Se" law, meaning that it is illegal to be above a .08 no matter
what the person's impairment level actually is.
DUI arrests in Nevada also trigger the new implied consent law. All
Nevada drivers have impliedly consented to a test of their blood or
breath for alcohol content simply by obtaining a Nevada driver's
license or by driving on Nevada's roads. There is no longer a right in
Nevada to refuse to provide a breath or blood sample if arrested for
DUI. This means that the police may use force to draw blood, if
necessary, to obtain evidence to use against someone in a Nevada drunk
driving case.
When a person is stopped under suspicion for DUI, and the person does
not have a prior DUI arrest, the officer is required to give a choice
of tests. The Officer must offer either a breath test or a blood
test. If a choice is not made the Officer may make one for the
person.
- James Lee: Do You
Understand D.U.I.? (Driving While Under the Influence of Alcohol or a
Controlled or Prohibited Substance)
If you are like most people, the answer is no. Obviously, driving while
impaired by the effects of alcohol is against the law, not to mention
dangerous to human life, including your own. But, many people
arrested and charged for D.U.I. are not "guilty" as the crime is
defined by law. Because people don't know their rights, they
incriminate themselves, and may actually become convinced by police
officers and prosecutors that they have committed a crime when they
really haven't. Many innocent people suffer the wrath of a
DUI charge unnecessarily. If you have been charged with
DUI you need to be armed with knowledge so that you can
understand and exercise your rights that you have under the
law.
If you are stopped for a routine traffic violation and have had only a
few drinks, you could find yourself charged with D.U.I. and your
license suspended if you don't know and exercise your legal
rights. Don't let this happen to you.
- Frank Cremen:
Misdemeanor offenses such as Driving Under the Influence (DUI / DWI)
and Domestic Violence can carry severe consequences beyond fines or
counseling. A conviction of DUI will result in the revocation of
driving privileges.
- James Gallo: There are
three kinds of criminal charges, misdemeanor, gross misdemeanor and
felony charges. Misdemeanor charge if found guilty can carry up to a
maximum of 6 months in jail and or a $1,000 fine depending on your
previous criminal history. Gross misdemeanor charges can carry up to a
maximum of one year in jail and up to a $2,500 fine depending on your
previous criminal history. Felony charges are more serious and if found
guilty can carry up to five years in prison and up to a $5,000 fine
depending on the case and or your previous criminal history.
- Sprenz & Associates:
The laws concerning "drunk driving" have changed radically over recent
years. The person arrested today in Nevada for driving under the
influence faces bewildering procedures and potentially devastating
punishment -- punishment that can be more severe than in some felony
cases. A person accused of drunk driving deserves to be represented
zealously because an unjustified conviction will have repercussions
lasting for the rest of the persons life.
Brought to you by Colorado DUI Drunk Driving Defense
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