DUI/DWI

DUI

People arrested for DUIs often have similar questions and I will attempt to give you a brief overview of what to expect. Initially, your first court date may not be for a few months. There are so many DUIs in Las Vegas that the prosecutors need time to collect the police reports, chemist reports and prepare a charging document. The first item you should address is whether you took a blood or a breath test. If you took a breath test at you were .08 or more, your privilege to drive will be suspended within 7 days. If you hold a Nevada license, the police should have taken your license.  If you wish to legally drive and obtain a temporary license, my office requests a DMV hearing for you.  If you live out of state the police will notify DMV of your test results.  If the results are .08 or more, then your privilege to drive in Nevada is suspended.  We still request a DMV hearing to continue your privilege to drive in Nevada. 
If you took a blood test, then DMV will notify you at the last address DMV has for you.  If your license has an old address make sure that you correct your address.  Otherwise, you will not get notified and you will go into suspension without your knowledge.  It is illegal to drive on a suspended license of a .08 violation.  The penalty is a minimum of 30 days in jail.  If you live out of state, then DMV will send notice to the address you gave the police.

DMV Hearing

You should request a DMV hearing. This will allow you to keep driving legally. Because if you are suspended for being .08 or a DUI conviction, there are serious criminal penalties that could put you back in jail. Realistically, the laws in Nevada are extremely favorable to the State and certain legal standards that apply in the criminal DUI trial do not apply at the DMV. The most common ways of winning at the DMV are based upon an officer’s failure to appear, a paperwork technical error, or on occasion where the person charged did not drive. If you lose at the DMV your privilege to drive in Nevada will be suspended for 90 days. A Nevada license holder may be able to obtain a restricted license after 45 days of suspension.  If you hold a license from another state, you must serve the entire 90 days.

CRIMINAL DUI

DUIs in Nevada are either based on the prior DUIs a person may have had or if there was an accident, whether an injured person (other than the person charged) had substantial bodily harm. Nevada defines substantial bodily harm, generally, as prolonged physical pain. If a person has received a broken bone or received stitches, expect to be charged with a DUI-substantial bodily harm. The penalties for a DUI-substantial bodily harm are at least two years in prison up to a maximum of twenty years.
If there was no injury then the matter will be treated as a misdemeanor unless you have had two prior convictions within the past 7 years. If you have, then it is a felony DUI-3rd which carries mandatory prison.

LINKS TO CONSIDER

The NV statute concerning DUI can be found at NRS 484.379.  This also lists the levels for various drugs in NV DUIs.  NRS 484.3792 sets forth the punishments for a DUI conviction and provides that the prosecutor shall not dismiss or reduce the charge of DUI unless the prosecutor cannot prove the case at trial.  NRS 484.3793.

Also, if you took a breath test the Officer should have provided you with a notice of revocation.  If you took a blood test, you will receive notice of the suspension from DMV and it will be sent to your last known address.  NRS 484.385.  You may then request a hearing and obtain a temporary license.  NRS 484.387.

WHY SHOULD YOU HIRE AN ATTORNEY

Initially, if you do not hire an attorney you cannot to challenge the legality of the States action. Remember an arrest is not a conviction, the State must prove that you are in fact guilty. Nevada law prohibits a prosecutor from reducing or dismissing a charge of DUI unless the prosecutor can tell the Judge why it is they cannot prove a case beyond a reasonable doubt. Without an experienced attorney finding these problems, the State will not dismiss the DUI charge. Moreover, the fact that this may be your first criminal allegation, the fact that you are employed full time, and have tremendous character references, is, unfortunately, irrelevant until you can demonstrate to the State why it is they cannot prove their case.

DUI Related Seminars:
2007 11th Annual DUI NACDL/NCDD Seminar (3 Days)
2007 Forensic Alcohol Analyst Seminar
2007 DUI- drugs Seminar
2006 DUI Start to Finish Seminar
2004 8th Annual DUI NACDL Seminar (3 Days)

Contact us about your legal matter today!