Las Vegas DUI FAQ
Frequently Asked Questions Answered by a Las Vegas DUI Attorney
DUI charges puts you at risk of consequences that can stick with you for life.
A DUI conviction on your record can affect your employment options and
can taint your criminal record for years. You may be overwhelmed after
going through the stop, the testing, the booking and the charges now in
your face. Be sure that your rights are protected and team up with a DUI
lawyer who is familiar with the complex process in Las Vegas. If you have
questions regarding DUI, check out some the answers we provide to frequently
asked questions or contact my firm and I would be happy to schedule a
free case evaluation and answer your questions.
What happens if I fail a chemical test?
All too often people assume that failing a
breath or blood test means that all hope is lost in fighting their case. There are several
defenses that can be made against the validity of these tests. Oftentimes,
the results of a test are tainted by other factors not having to do with
your intoxication level. For help investigating the case and coming up
with defenses against the results of a chemical test, team up with a DUI attorney.
What if I refuse to perform a chemical test?
The state of Nevada has an implied consent law which requires drivers to
perform a chemical test if arrested for DUI. If you choose to refuse this
test you could be facing penalties. Refusal of a chemical test is punishable
by a fine and license suspension.
What is the purpose of the DMV hearing?
When facing DUI charges, there are criminal proceedings and also proceedings
to determine the status of your driver's license. The DMV hearing
is where the decision regarding license suspension is made. In order to
keep your driving privileges safe, it is helpful to have a skilled Las
Vegas DUI lawyer by your side.
What makes DUI a felony in NV?
Generally, a first time and even second time DUI offense is charged as
a misdemeanor. There are some instances; however, when a DUI can be charged
as a felony instead. If it is your third DUI within seven years or if
there are serious injuries or death to a victim as a result of the DUI,
you could receive a felony charge. This means that the penalties are significantly
increased and you need aggressive defense to help in your case.
What is an IID and what is the purpose?
IID is an acronym for an ignition interlock device and this is something
that can be installed in a vehicle in order to test the
blood alcohol concentration (BAC) level of the driver before the car will start. This can be ordered
as a penalty for a DUI in order to prevent the occurrence of another offense.
The device will only start if the BAC of the driver is below the legal
limit and can also require frequent breath submissions to be sure that
they are not trying to "beat" the machine. It used to be the
case that one breath test into the device would suffice but drivers would
use other non-intoxicated individuals to get the car started and then
drive themselves. This is why most of them now require more than one test
during random intervals while driving.
What penalties can I expect from a DUI in Las Vegas?
Nevada has harsh
penalties for DUI offenses. If it is your first DUI offense, you could be facing
community service (24-96 hours) and between two days and six months in
jail. It may also be required that you complete a DUI program, pay fines
($400-$1,000) and have your license suspended for 90 days. Second, third
and subsequent offenses have even harsher consequences. A second DUI in
NV is punishable by between 10 days and six months in jail, between 100
and 200 hours of community service, a fine between $750 and $1,000, alcohol
dependency evaluation, license suspension, registration suspension and
more. The prison time, fines, community service and penalties will increase
even further with a third offense. If you want to know the exact penalties
at stake for your case, contact my firm and we can discuss your unique case.
What are some defenses to DUI charges?
The defenses that can be made will vary from case to case. If you were
arrested after your performance on
field sobriety tests, we can challenge the administration of tests. If you failed a chemical
test, the defenses would be made against those results and the chemical
test in particular. When building a defense, you could look into the probable
cause of the arresting officer to stop your vehicle and to arrest you.
You can look into alternative reasons for your behavior or for the results
of a test. Oftentimes the administration of tests by the officer were
flawed and can make the tests invalid. If your BAC level was above the
legal limit in a Breathalyzer test, looking into rising BAC or mouth alcohol
can lead to defenses as well. To discuss the specific defenses to your
case, you will need to set up a free case evaluation and we can talk about
the possible defenses.
If you have been arrested or charged with a DUI in Las Vegas it is imperative
to team up with a
skilled DUI lawyer who has handled cases similar to yours.