Nevada Drunk Driving Defense

Attorney Offices

Chacon, Eduardo: * DUI or drunk driving cases * traffic tickets, moving violations, and bench warrant cases * drug offenses such as possession, drug trafficking, and drug sales * solicitation, prostitution, lap dance violations, and massage without a license * murder, manslaughter, and other serious felonies * firearms charges such as possession and felon in possession of a firearm * probation violation and revocation * auto theft, burglary, and theft

Ahmad, Malik: DUI - The Basics In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if: * The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines * The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). * If a breath test was administered at the station with results of .08% or higher, your Nevada driver's license will be confiscated by the officer. The officer will give you a pink sheet of paper notifying you of the suspension. This pink document also acts as a temporary permit to drive for a period of 7 days. * The purpose of the temporary permit is to give you or your attorney an opportunity to contact the DMV during the 7 days to request a hearing to contest the suspension. * The DMV will issue a temporary driver's license within 48 hours after receiving the request. You will then receive a temporary license which will remain valid until the Administrative Law Judge renders a decision after the hearing; if the decision is adverse, the suspension regular suspension will take effect. * If a blood sample was taken, and the results later show a blood-alcohol concentration of .08% or higher, you will receive a card in the mail from the DMV stating that your driving privileges will be suspended, with the beginning and ending dates. * If this is a first offense, the administrative suspension is for a period of 90 days. It is, however, possible to request a restricted license permitting driving to, from, and in the course of employment once the first 45 days of the suspension has passed. The suspension period increases to one year on a second offense within seven years, and to 3-5 years for a third or subsequent offense. Reinstatement of the license requires the payment of fees and filing an "SR22" form showing proof of insurance. * The Nevada DMV's suspension is completely independent of the court proceedings. The former is an administrative procedure, the latter criminal; they have little to do with one another. However, if you plead guilty or "no contest" in court to the criminal charge, the DMV hearing becomes moot: Your license will be suspended. * As of August 2005, all states have 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. * "Zero Tolerance" Blood Alcohol Concentration (BAC) Level: All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent. * Field Sobriety and Chemical Tests: When a law enforcement officer makes a vehicle stop and suspects that the driver may be intoxicated, the officer will conduct a "field sobriety" test on the driver, and may ask for his or her consent to some form of chemical test for intoxication. Field sobriety tests usually involve a police officer asking a driver to perform a number of tasks that assess any impairment of the person's physical or cognitive ability. Examples of field sobriety tests include having the driver walk a straight line, heel to toe; having he or she recite the alphabet backwards; and the officer's use of the eye and penlight test. * Refusing a Chemical Test: "Implied Consent" Laws: All states have "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. The logic behind such laws is that, by assuming the privilege of driving a vehicle on state roads and highways, drivers have effectively given their consent to DUI testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year. Criminal Process in Nevada The criminal process can be complex and confusing. But it is important to understand your legal rights. The best way to be informed is to contact an attorney in our office as soon as possible for a free consultation to allow you to understand the law as it relates to the crime you've been charged with, and we will be able to help you in making informed decisions as your case moves through the process. Below is a brief summary of the criminal process: Stop 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. Search Probable cause to search means that: * It is more likely than not that the specific items to be searched for are connected with criminal activities * Those items will be found in the place to be searched Search Warrants A search warrant authorizes police to conduct a search of a specific place, such as your residence. In order for a warrant to be issued by a judge, "probable cause" is necessary. Warrantless Searches The general rule is that warrants are required for searches. But search warrants are not required for the following: * Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest. * Automobile searches: If you're arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary. * Exigent circumstances: Searches may be conducted if there are "exigent circumstances" which demand immediate action, such as to avoid the destruction of evidence. * Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view. * 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. Arrest In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary. After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are the right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney. Booking After you're arrested, the police will bring you to the police station for the booking process. You'll be fingerprinted and asked a series of questions, such as your name and date of birth. You'll also be searched and photographed. What is an Arraignment Once criminal charges are filed, you'll make a court appearance that is known as an "arraignment." If you're 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 you've been charged with. Possible pleas are: * Guilty plea: If you plead "guilty," you're admitting to the facts of the crime and the fact that you were the one who committed that crime. * Not guilty plea: A "not guilty" plea asserts that you did not commit the crime with which you were accused. After your plea, a preliminary hearing, pre-trial or trial date will be set. * No contest plea: A "no contest" plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits. If you plead "guilty" or "no contest," there will not be a trial. You'll then be sentenced. During the arraignment, the court will also: * Set bail * Refuse to set bail * 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/Bond "Bail" is money or property put forth as security to ensure that you'll show up for further criminal proceedings. Bail can be paid: * In cash * A pledge of property (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, our office can assist you in contacting one. Speedy Trial You have a 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. Is Miranda Warning required A Miranda warning is required when a police officer is present and an arrest is required to be made. There has to be custody for the validity of Miranda warning. What is Miranda Warning A Miranda warning is the basic constitutional rights of all US citizens which are required to be read before an arrest is made. An officer would tell that a person has the right to remain silent, right to an attorney, and if anything is said, can be used against the accused person. What is Eighth Amendment It is a constitutional amendment to the US constitution which stops unusual and cruel punishment. 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. Trial Many prosecutors will consider "plea agreements," although it's not legally required. If you don't reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage. Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by (a) Pleading guilty or (b) Choosing a bench trial (a trial in front of a judge only). If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.

Picker, Marc: When your commercial driver's license (CDL) could be in danger, you need an aggressive attorney to help you protect your ability to work as a commercial driver. Commercial drivers face more serious consequences related to any traffic ticket than private drivers. Even if you received the ticket while driving a private vehicle, your CDL can be affected.

Frizzell, Kenneth: In the state of Nevada being cited with a DUI (driving under the influence) can be devastating.

Baker, Lloyd: There are a lot of law firms in Las Vegas.

Bruzas, Al: When you are accused or arrested for a crime, you need to exercise your right to remain silent. Do not speak unless and until you have an attorney present! You have rights. If you are arrested, you will be taken to jail and booked. You will either be given a bond amount at that time, or you will have to wait to see a judge. Once you know your bond amount, you can either have someone you know post the amount for you, or you can go through a bail bondsman. The next step in the process is the court proceedings. Court will move quickly so you need to be prepared. The best way to be prepared is to have an attorney with you through the entire process. You need someone who can explain it all to you and at the same time be able to listen to you.

McKenna, Ken: Most criminal defense attorneys are not qualified to handle these cases.

Steven Sexton: Once Arrested Don't Speak without an Attorney Present. This helps prevent you from putting your foot in your mouth and keeps the police and prosecution on the straight-and-narrow. Get Real. Your freedom is at risk. You face an uphill battle. You are facing a prosecutorial juggernaught with a long memory and deep pockets. ...sometimes prodded by the victim. The prosecuting attorney assigned your case is paid--not to understand or like you--but to gain a conviction. Don't Fight the Evidence. The prosecution usually believes it has the necessasry evidence to convict you before they charge you. But if the evidence is weak we may be able to get the charges dropped or diminished. On the other hand, if we learn the evidence against you is strong and lawfully acquired, it may be wise for you to plead guilty to reduced charges. Prosecutors Are Not Unreasonable. Most prosecutors listen to reason. They often lessen the charges when they hear a compelling argument that either casts doubt on their ability to convict or convinces he/she that you are a good person who did something out of character. Plea Bargains Rely on Trust. You may be guilty and not want to risk a trial. In exchange for a minimum sentence you may want to plead guilty. Saving the government the time and expense of trial may be your only bargaining chip. If you find yourself in this situation, 1) you need to be represented by an attorney who is well regarded and trusted by the prosecution and 2) knows what to ask for and what to expect.

Nevada Law Group: Far too many people go to jail, lose their driver's license, and needlessly suffer other consequences for lack of a competent DUI attorney. By giving police information or pleading guilty, they forego the opportunity to challenge the evidence against them.

Rasmussen & Kang:

Drunk Driving DUI/DWI

Drunk driving (DUI) is a serious criminal offense in Nevada. A drunk driving conviction anywhere in Nevada can result in serious consequences, including:

Establishment of a Criminal Record
Increased Insurance Premiums
Large Fines & Court Costs
Lengthy Probation
Court-Ordered Alcohol Treatment
Home Detention
Jail Time

If you are charged with DUI, you need to take the charges seriously, and you need a serious DUI defense lawyer to represent you.

When you are charged with DUI, an experienced DUI defense attorney knows how to challenge the evidence against you. A DUI charge has several components that must be handled properly by the police in order to protect your rights. Examine all aspects of your case, including:

The Reason Your Vehicle Was Stopped
The Validity of Roadside Sobriety Tests
The Maintenance and Operation of Breathalyzer Units

James Krah: If you ... face criminal charges ... you need to retain a quality attorney without delay.

Theodore Williams: You shoud hire an attorney as soon as you become aware that the police or another state agency is looking for or investigating you, or if you believe that you may have committed a crime. The earlier you contact a lawyer the better. An attorney can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Retaining a lawyer also prevents the police from questioning you.

Craig Mueller: You either have your license taken away by an officer, or you will receive a letter from the DMV revoking your license. You then have 7 days to request a hearing. The DMV must schedule an initial hearing within 90 days from the date of revokation or notification of revocation. DMV will mail your hearing notice. You should receive it 30 to 45 days after your request. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing. Your immediate goal is a temporary license, available to anyone whose revoked drivers license is otherwise valid. This temporary license allows you to drive until the written opinion from your DMV hearing is issued.

Andrew Fritz: After being arrested for DUI/DWI in Nevada, if the results of your breath or blood test were .10% blood-alcohol or above, your license will be suspended 7 days after the arrest unless you or your attorney take appropriate action to demand an administrative hearing within 7 days after your arrest.

Laurence Digesti: Q. When I was arrested for driving under the influence (DUI), the police took my driver's license because my blood alcohol level was over the statutory presumptive level. I need my license to work. What can I do? A. If this were to happen you would be given a temporary license which would allow you drive for a period of 7 days. You may then request an administrative hearing with the Department of Motor Vehicles, contesting the suspension of your driving privileges. Pending the hearing, you are allowed to drive. If the hearing officer upholds the suspension, the period of suspension starts to run when the decision is entered. During the period of suspension you may apply for a restricted license through the Department of motor vehicles which allows you to drive on a restricted basis, such as back and forth to work.

Chip Siegel: One reason to immediately contact a lawyer is to request an Administrative hearing from the DMV. If you took a breath test, your license may be suspended within seven days. Driving on a suspended license for failing a breath / blood test is a new crime with mandatory jail time. By contacting me today, I can request a hearing and keep you legally driving.

Jeffrey Posin: DRIVING AND ALCOHOL CONSUMPTION Nevada law forbids anyone from drinking an alcoholic beverage while they are driving or in actual physical control of a motor vehicle. In addition, it is unlawful for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is being driven. This statute is separate and apart from Nevada's drunk driving laws. DUI means Driving Under the Influence of alcohol or drugs (whether prescription or illegal drugs). You can also violate the DUI laws by driving with 0.10 or more blood alcohol level or if a blood or breath sample within 2 hours of driving is 0.10 or more - unless you can prove that you consumed the alcohol AFTER driving. You may be arrested for driving under the influence if it can be shown you were driving while influenced by alcohol, "to a degree which renders you incapable of safely driving or being in actual physical control" of a vehicle, even if your blood alcohol level is less than 0.10 percent. If you are arrested for DUI, the police officer may request that you submit to a preliminary breath test and then a follow-up breath, blood, or urine test. If you refuse to submit to the tests, the police officer will seize your drivers license on the spot, arrest you, and may use reasonable force necessary to obtain a blood sample from you. If you are arrested for DUI, you do not have the right to speak to your attorney before submitting to a test for alcohol or controlled substances. These tests do not constitute a custodial interrogation, so your Miranda rights do not apply here. You must submit to the test(s) for alcohol and/or controlled substances, and the police can use reasonable force against you if you refuse to cooperate. Even if you are just asleep in the car when an officer arrives, you will be arrested for a DUI if it is determined that you are in actual physical control of a vehicle while under the influence of drugs or alcohol. Actual physical control is determined in many ways, but includes: 1) having the keys in your possession; or, 2) being behind the wheel or having driven the car to its present location. The penalty for driving under the influence and being in actual physical control are the same. The first DUI 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 96 hours of community service while wearing distinctive DUI clothing, a $200 fine, $70 in court costs, a $60 chemical test fee, and a DUI education course including mandatory attendance at a victim impact panel. If your blood alcohol level was 0.18 or more or you are under the age of 21, you must also pay to have an alcohol evaluation done. A second offense within seven years also constitutes a misdemeanor. You would have to pay $100 to have an alcohol evaluation done, pay a fine of from $500 to $1,000, serve 10 days in jail or 10 days of in-house arrest to six months of jail/in-house arrest, and perform 100 to 200 hours of community services. A third offense within seven years is a felony. The person must be sentenced to one to six years in prison (not subject to probation) and pay a $2,000 to $5,000 fine. You must have an attorney if: 1) the prosecutor is recommending imprisonment for your DUI conviction; 2) if the arrest will be your second or third DUI conviction; or, 3) if you are being charged with a felony DUI. If you cannot afford an attorney, one will be appointed for you by the court. You have committed a Felony DUI if: 1. You cause an accident while under the influence which results in death or "substantial bodily harm" as described in to another person; or 2. You receive a third DUI conviction within seven years (including a conviction from another state). If you are convicted of felony DUI you can expect to be fined from $2000-$5000 and will serve between 2-20 years in prison. Also, it is important to note that a DUI conviction from any state within seven years of the current DUI case will count as a prior conviction in Nevada. If you are arrested for a DUI, you will go to jail. You will be transported to the nearest facility for blood alcohol testing. You will have the opportunity to post bail for your release. You will face the possibility of losing your license if you are arrested for DUI. The first offense will result in a 90 days revocation of your license, with that period increased to one year for your second conviction. Your third DUI offense will result in a loss of your license for three years. You may appeal the revocation of your driver's license through a hearing, and you may request a temporary license enabling you to drive to work after half of the revocation period has expired. This "work license" will also require a Breath Ignition Interlock Device to be installed in your vehicle. The revocation begins five days after the notice is mailed by DMV. You 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. Driving with a revoked license will result in a penalty of 30 days in jail or 60 days house arrest and a $500-$1000 fine. Additionally, your license will be revoked for an additional period of time. After your revocation period has expired, you must reapply for your license through the DMV (including all tests and fees) and you will be required to carry an SR-22 insurance policy for three consecutive years following your offense.

Johnson & Klevin: If you receive two DUI convictions within a 5 year period, the DMV will take your license away from you for 3 years. And, if you have three major traffic offense convictions in a 5 year period of time, the DMV will take your license away for 5 years. Additionally, if convicted your insurance rates will skyrocket, costing you hundreds of dollars each year for several years. As you can see, a DUI conviction will haunt you for years and years to come (and in some cases, your whole life). The State has vast resources and manpower to prosecute you, and the laws governing DUI offenses are complex. Therefore, hiring a competent attorney to properly defend your DUI case is a must.

Edward Miley: he first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.

Cristina Hinds: If you are charged with drunk driving, the charges can impact your insurance rates, your ability to drive and earn a living, and you may even face jail time.

Jason Earnest: In addition to fines, the revocation or suspension of your driver�s license, and possible jail time, a conviction of DUI charges may cause your insurance company may increase your rates to an unmanageable level.

John Routsis: If you are facing criminal charges, selecting the attorney who will represent you is the most important decision you will make. Whether you've been charged with a simple misdemeanor or a very serious felony offense, a poor defense could have a disastrous impact on your life. The outcome of a criminal matter can follow you for decades, limiting employment opportunities and resulting in the loss of privileges. With so much at stake, it is imperative that you choose an attorney who will work with you to achieve the best possible result. You need someone who will protect your rights.

Brought to you by Colorado DUI Drunk Driving Defense

Attorney Offices

Drunk Driving DUI/DWI