Fast Facts about First DUI Offense in Las Vegas

Being arrested for a DUI offense for the first time guarantees a whirlwind of emotions that leaves the arrested confused and unsure of what to do next, especially if the particular person has no experience in criminal apprehension or law in general.

To prepare yourself in case you encounter it in the future, here are some quick information about Las Vegas DUI first offense. This will ensure that you will keep your feet on the ground during the arrest and you will not do anything that will be a detrimental to your case up to the moment you finally have a DUI lawyer by your side.

What is DUI?

DUI stands for Driving Under the Influence. This is one of the worst offenses in Nevada as it causes loss of lives and resources and a reminder that drugs are prevalent in the State as ever.

A person is guilty of DUI when they fulfill the following measures:

·       He or she has a BAC (blood alcohol concentration) level of at least or more than 0.08 

·       His or her drug tests showed that he or she violated the limit set by the Drug Schedules

·       He or she refused sobriety tests or tried escaping from law enforcement

What happens after the arrest for Las Vegas DUI first offense?

Here is a rundown of what usually happens before, during, and after an arrest for first DUI offense in Nevada.

·       Police notices the driver’s erratic driving behavior or discovers alcohol or drugs in the vehicle itself

·       Police will ask driver to pull over and to perform several sobriety tests

·       Driver’s results will come out positive and you are taken under custody for booking and detention

·       A DUI lawyer comes to the driver’s aid for potential interrogation and the rest of the legal procedure

·       Arraignment commences where the driver’s charges are officially advised and where it is decided if the case will go to trial or not

A first DUI offense in Nevada is a misdemeanor and consists of penalties such as:

·       Jail sentence up to six months

·       Fines of $1,000

·       Attendance to a Nevada DUI school and other Department-approved DUI programs

·       Driver’s license suspension for 90 days

What can you do?

For a Las Vegas DUI first offense, it is recommended to have a DUI lawyer immediately. Know that you hold the right to have them as decreed by the Fifth Amendment’s right to counsel.

During the entire legal process, you need to calm down, especially if you are completely guiltless of the accusations and you have one of the best criminal justice attorneys with you, you can come up with defenses to help push your claim of innocence.

If defenses do not work, you can still have means of escape such as a plea bargain and to some level, a record sealing.

A Las Vegas DUI first offense can definitely be contested. You only need to know the facts to better formulate your defenses with a DUI lawyer.

Defenses Against Second DUI in Nevada

Another DUI (Driving Under the Influence) offense in Nevada within seven years after the first one is considered a second DUI violation. While not differing too much when it comes to penalties from the first one, a second DUI in Nevada still means a tarnish to your records and reputation. 

Carrying two DUIs is not something you should be proud of. Yes, you can seal the records after a few years but it is ultimately better to be cleared off any conviction in the first place. Go read this post to learn about the defenses that can help you avoid a second DUI conviction.

Definition of second DUI in Nevada

It is considered a second DUI in Nevadawhen you have committed the offense seven years after the first case had closed. Of course, to be arrested and charged with DUI in Nevada, you need to have had reached or went beyond a particular BAC (blood alcohol concentration level). It is 0.08 for alcohol while it varies for drugs.

When arrested for a second DUI in Nevada, there will always be a mandatory sentence that might last at least 10 days whether in jail or through a house arrest. You should also know that if your first DUI is a felony, you will automatically be indicted with a felony charge so take caution when handling this case.

Defenses you can use

Now, DUI cases, even if they are just misdemeanor cases, need to be managed along with a DUI lawyerif you want to get out of it unscathed. With this at hand, it is recommended to get a legal representation first if you have not already. 

Together with your counsel, you can do one of the basic defenses for a second DUI charge in Nevadawhich is challenging the entire procedure of your case starting from the arrest. You can cite unlawful stopping, police harassment, incoherent sobriety tests done on you, and the fact that the police does not have a probable cause of arresting you. 

Another defense is the usage of physical status at the time of the arrest. There are many factors that can increase your BAC level without you actually ingesting alcohol. If the DUI is drug-related, you can opt for the angle of unknowingly taking controlled substances or being under duress.

It might need an insurmountable amount of shreds of evidence and preparation but you can also argue that your first DUI sentence is not valid, just a reckless driving charge or is already way past of the statutes for your current case to be even considered as second DUI in Nevada.

Fighting a second DUI in Nevadais definitely a challenge as you already have the burden of the first offense on your shoulders but with the aid of strong defenses and a competent DUI lawyer it is definitely going to be more manageable.

Can you be arrested for DUI in Nevada using these vehicles?

It depends on the vehicle, but driving under the influence in Nevada is usually limited to motor vehicles or recreational vehicles designed to be mounted or drawn by a motor vehicle. What a “vehicle” is defined in detail by NRS482.135:

“vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:

1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS; or
3. Electric personal assistive mobility devices.

This means that human-powered vehicles like bicycles, unicycles, skateboards, rollerskates and other similar devices is not under the term “vehicle” as within the ambit of DUI. The same applies to motorized wheelchairs, mobility scooters, and other devices designed to assist disabled persons, but there may be some exceptions. Trains and other vehicles that use railways are also not covered by DUI since train operators aren’t strictly drivers, but they will most likely lose their certification and may face other charges.

Another typical DUI case is DUI/DWI boating.

Specific vehicles

Segways – These two-wheeled, self-balancing electric vehicles are designed for personal transport. While Segways do have a motor installed, which is enough to reclassify a device or vehicle into a motorized vehicle in most cases, it only has a maximum speed of 12.5 mph, which falls under electric personal assistive mobility devices. This is not enough to classify it as a motor vehicle in DUI cases, except if it’s speed goes above 15 mph, then that should be enough to turn it into a motor vehicle.

Electric bicycles – According to NRS 483.067, electric bicycles falls under “bicycles” as long as it:

• Has fully operable pedals;
• Electric engine does not produce more than 1 gross horsepower and 750 watts final output;
• Has a maximum speed of not more than 20 miles per hour on a flat surface.

If the vehicle does not fulfill all of these conditions, it may be classified as a moped. In other words, you probably won’t be charged with DUI, but may face other charges.

Riding mowers – Motorized lawnmowers that are designed to be driven are classified as a motorized vehicle in Nevada. Yes, you can be charged with DUI.

If you found our article useful, we would appreciate it if you like our Facebook page. If you need the help of a DUI/DWI defense attorney in Las Vegas, you can visit our website, or contact us at (702) 383 – 5088.

How much do you know about DUI in Nevada?

How much do you know about DUI penalties in Nevada?

DUI is regarded as a misdemeanor, for most cases in Nevada. But other factors of DUI cases have to be brought to light before sentencing or punishment is given.  These factors are if there was any harm afflicted on any other persons than the accused – also if the DUI was a repeat case.  There are many cases where sentencing gets hard on those who have been on DUI cases more than once.

The usual sentencing for a first time DUI would be imprisonment of 48 hours onwards depending on the nature and complexity of the case or 24 - 96 hours of community hours and upwards.  You could be sent to Nevada DUI school on your own expense. Fines can be expected between the amounts of  $400 - $900 with $600 being the most imposed fine in Nevada.  You could also look at 90 days or 3 months drivers license suspension.

DUI SOURCE : 

Mothers Against Drunk Driving

Clark County Courts in Nevada

DWI Attorney in Las Vegas

The SECOND DUI within 7 years of the FIRST DUI : 10 days to 6 months in Jail depending on the case, you can look at fines of $750 - $1,000 plus any additional court expenses.  Suspension of 1 yr driving license. You can also be looking at 100-200 hours of community service time.

A THIRD DUI offense within 7 years of the FIRST DUI : 1 to 6 years of imprisonment possibilities, fines can be from $2k - $5k, you can also be looking at a 3 year drivers license cancellation.

DUI and Death in Nevada :

Three DUIs and homicide brings a serious Category A felony ( 25 years in Prison ) but with possibility of parole after 10 years.

A Category B felony usually is sentenced to 2 years – 20 years, when there is bodily harm or death.