After Being Charged with DUI
Defense from a Las Vegas DUI Attorney
If an officer pulls you over under suspicion they can choose to arrest
you after findings of a BAC level over .08% or under their discretion
even if your BAC level is under the legal limit. After you are formally
DUI in Nevada, you will face two separate procedures: the
DMV hearing and the criminal court process.
What You Need to Know About Your DMV Hearing
You have only 7 days to request an administrative hearing following a DUI
arrest in Nevada. A Las Vegas DUI lawyer can file the formal request for
a hearing and can represent you during this in order to help ensure that
your driving privileges are reinstated. This hearing works like a court
trial, but an administrative judge will act as both prosecutor and judge
and there will be no jury present. Your DMV hearing is completely separate
from criminal court proceedings and is done with the
Department of Motor Vehicles.
Criminal Court Proceedings After a DUI
Nevada DUI proceedings in criminal court will involve the determination
of exactly what charges the defendant will face (for example, misdemeanor or
felony DUI charges) and therefore what penalties may be imposed if the defendant
is convicted. Your defense attorney will have the chance to negotiate
with the prosecuting attorney to reach a plea bargain if this is in your
best interests. The case will then progress to trial if a plea agreement
is not reached beforehand.
The majority of DUI cases in the area are tried at the
Regional Justice Center in downtown Las Vegas. After a verdict is reached, sentencing will be
determined by the judge. In order to avoid the criminal penalties that
come with a Las Vegas or Henderson DUI conviction, you need an attorney
on your side through the criminal process.