Being involved in a motor vehicle accident is not a criminal offense. However, if you were involved in a motor vehicle accident and failed to wait at the scene, you may wonder, “Is hit and run a felony in Nevada?” Whether a hit and run can be charged as a felony in Nevada depends on whether anyone was injured in the crash.

Nevada Law: Duty to Stop at the Scene of an Accident

Nevada law requires a driver to stop after being involved in a collision if the crash resulted in damage to a vehicle or injury to a person. The potential penalties for failing to stop depend on the accident’s severity.

NRS 484E.020 imposes a duty on all drivers involved in a crash that results in property damage to a vehicle to stop at the scene, move their vehicle if it obstructs traffic, and exchange contact information with the other driver(s). You can be charged with a criminal misdemeanor for failing to stop at a property damage-only accident.

When Is Hit and Run a Felony in Nevada? 

If you are involved in an accident in Nevada and fail to stop at the scene, you could face felony criminal charges. Failing to stop at the scene of an accident involving bodily injury or death is governed by NRS 484E.010. Under that statute, a driver involved in a crash on a public roadway is legally required to stop and remain at the crash scene, exchange contact information, and render aid, if the collision resulted in bodily injury or death. If you fail to stop (hit and run) at this type of accident scene, you could be charged with a category B felony.

What Are the Potential Penalties for a Felony Hit and Run in Nevada?

If you are charged and convicted of felony hit and run in Nevada, you will face a sentence that includes a term of imprisonment of two to 20 years in prison and/or a fine of $2,000 to $5,000. Nevada law allows you to be charged and sentenced separately for each person injured or killed in the crash. For example, if there were three people injured in the crash, you could be charged and convicted of three separate category B felonies. Furthermore, a sentence imposed for felony hit and run cannot be suspended, nor can probation be granted, meaning you face at least two years in prison for each felony hit and run conviction.

What Should I Do If I Have Been Charged with Felony Hit and Run in Nevada?

If you have been charged with a felony hit and run, or you have reason to believe you are a suspect in a felony hit and run in Las Vegas, the key to protecting your rights and your future is to consult with an experienced criminal defense attorney at The Vegas Lawyers right away. Contact us to schedule a confidential consultation by calling 702-707-3000 or contacting us online.

Your chances of getting your first DUI charge dismissed in Nevada depends upon many factors. However, one thing is clear, getting a first-time DUI charge dismissed is much harder now than it used to be.

With that in mind, yes – it’s difficult, but it’s not impossible to get first-time DUI charges reduced or dismissed.

That’s especially true if you have a skilled attorney on your side. An experienced Las Vegas DUI lawyer can analyze the evidence, search for weaknesses in the prosecution’s case, and build a strong defense strategy on your behalf.

Continue reading and watch my video below to learn more about first offense DUI charges in Las Vegas, Nevada.

What Happens When You Get A DUI For The First Time in Nevada?

If you’re convicted of driving under the influence for the first time in Nevada, the judge must impose a minimal sentence. The penalties for 1st offense DUI include but are not limited to:

• Minimum two days in jail, but up to 26 weeks OR 96 hours of community service instead of jail time

• Fines starting at $400

• One year Drivers license suspension

• Mandatory DUI school at your own cost

• Attendance at Victim Impact Panel

• Alcohol treatment program (depending on the case)

Suppose your BAC was over 0.18 at the time of the breathalyzer or blood draw. In that case, you can expect harsher penalties, including higher fines, mandatory installation of an ignition interlock device (at your own expense), and a 3-year license suspension.

Is A DUI A Felony In Nevada?

Generally speaking, a first-time DUI is a misdemeanor offense. However, a first offense DUI resulting in substantial bodily harm or death is a category D felony. A category D felony carries the following penalties:

• Minimum 1-year imprisonment, but up to 4-years in prison
• Fines up to $5,000

What Happens To My License Following DUI Charges?

The Nevada DMV must suspend your license for a minimum of 185-days if you’re convicted of a 1st offense DUI in Nevada. If charged with a 1st offense DUI, the defendant is given a 7-day temporary license. During that time, they can request a DMV hearing.

In many cases, the defendant may keep their restricted license pending the conclusion of the hearing. However, DMV hearings are tough to win. Additionally, the DMV automatically suspends your license if you’re convicted of a criminal DUI defense.

With that in mind, you may still be eligible for a restricted license (pending the installation of an ignition interlocking device). A restricted license allows you to travel for work, school, groceries, and medical appointments. You are not allowed to drive anywhere otherwise.

Can A Nevada DUI First-Time Offense Be Dismissed?

Yes, a first DUI charge can be dismissed. However, it’s not easy nor does it occur with frequency.  Nevada courts take DUI charges very seriously. Navigating complex DUI laws in Nevada, investigating evidence, drafting motions, negotiating with the prosecution, etc., can be especially challenging without an experienced attorney.

Hiring a proven Las Vegas DUI lawyer drastically improves your chances of a successful outcome in your case. Learn about commonly used first-time DUI defense strategies below.

How To Fight A DUI Charge In Las Vegas

There are three possible outcomes in all DUI cases: Conviction, reduced/amended charges, or dismissal. In many cases, obtaining a dismissal for a DUI (even if it’s the first offense) is an uphill battle.

If the prosecution has overwhelming evidence against you, your attorney can still argue for community service instead of jail time. However, at The Vegas Lawyers, our goal is always to dismiss or reduce charges, first – decrease penalties, second.

A skilled attorney can seek dismissal while working hard for amended charges (if dismissed charges aren’t possible). Potential defense strategies for driving under the influence can include:

• Errors made during the arrest or DUI procedure
• Faulty breathalyzer equipment
• Contaminated breath or blood test results
• Illegal traffic stop
• Other violations of rights

How To Fight A Nevada DUI Charge For Prescription Drugs

It’s important to remember, DUI’s are not just alcohol related.  You can also face first time DUI charges in Nevada if you take certain prescription drugs before driving. That’s true even if a licensed physician-prescribed those drugs to you. That’s because many prescription drugs are considered controlled substances under Nevada law.

Unlike alcohol-related DUI’s, there is no minimum threshold for the amount of prescription drugs you’re allowed in your system before driving. That means that you could be convicted of driving under the influence for the first time even if you have very small traces of the drug in your blood.

Possible defenses for prescription drug DUI’s in Nevada include:

• You were not “under the influence” of your prescription drug
• You did not exhibit behaviors that suggest an impaired driving ability
• The was a problem with the testing facility or method
• You did not have any prescription drugs in your system
• You were unknowingly “slipped” a prescription drug before driving

Sealing A DUI Record In Nevada

In most cases, fist-offense DUI misdemeanor convictions can be sealed seven years after the case closes. However, if it’s a felony DUI conviction, the record can never be sealed.

If your DUI attorney gets your charges reduced to something like reckless driving, your case may be eligible for a record seal just one year after the case closes. Dismissed first time DUI charges can be immediately sealed in Nevada.

When you live in the United States, you’re expected to obey the laws.  Failure to obey the laws has consequences from the criminal justice system.  And if you’re an immigrant, failure to obey the laws can also result in consequences regarding your immigration status. 

If an immigrant is caught drinking and driving, the immigration consequences will depend on the underlying crimes the immigrant is convicted of and whether it triggers criminal liability under immigration laws.  A DUI conviction – even one where someone was seriously injured or killed – does not usually meet the criminal requirements for deportation.  However, there may be other attendant circumstances that taken together with the DUI conviction could result in deportation.

If you or a loved one face DUI charges with the potential for immigration consequences, it’s extremely important to have both a good criminal defense attorney and a skilled immigration lawyer by your side.  At The Vegas Lawyers, we can help you navigate the complexities of criminal charges that carry immigration consequences.  Call us today at (702) 707-7000 for a free and confidential consultation.       

Crimes That May Trigger Deportation Under Federal Immigration Laws

Immigration laws specify that immigrants can be deported for conviction of any crime involving “moral turpitude” or which is defined as an “aggravated felony” by immigration statutes.

• What Is A Crime Of Moral Turpitude?  Generally speaking, moral turpitude crimes involve “both reprehensible conduct and a culpable mental state.”  They’re crimes involving specific intent to do an act, deliberateness, or recklessness.

• What Qualifies As An Aggravated Felony?  There are more than 20 types of conduct that qualify as “aggravated felonies.”  One aggravated felony that has been the subject of interpretation by the courts is a “crime of violence.”  Courts have determined that a crime of violence is one that has “use of force” as an element of the crime.  Crimes of violence can also include offenses where there is a “substantial risk that force will be used.” 

A DUI conviction is not generally considered a crime of moral turpitude.  And driving while under the influence of alcohol is not listed as an aggravated felony.  But in the case of a motor vehicle accident involving serious bodily injury where an immigrant is convicted of DUI, can that conviction be a crime of violence and thus an aggravated felony?  The question was addressed by the United States Supreme Court in 2004.  

A DUI Is Not A Crime Of Violence

In , the Supreme Court decided that DUI offenses are accidental and do not require a person to use or anticipate using force so they do not violate federal immigration laws.

In that case, Duan Le, a citizen of Vietnam, was convicted of a DUI that caused serious bodily injury in an accident.  Deportation proceedings were initiated against him under immigration laws categorizing the DUI as a “crime of violence” and thus an aggravated felony.  The Supreme Court, with conservative Chief Justice William H. Rehnquist writing the majority opinion,  determined that a “crime of violence” is one where the nature of the crime itself suggests that force toward a person or property will be used or will very likely be necessary in order to accomplish the objective of the criminal conduct. 

Although the consequences of a DUI can result in force being used against another person or property, the use of force is not contemplated in order to commit the crime.  Rather, it is only incidental to the crime itself.  In other words, a DUI can be committed without the use of force and, therefore, it’s not considered a violent crime for immigration purposes.

Based upon its ruling in the Leocal case, the Supreme Court has determined that DUI offenses, except when involving purposeful intent, are considered accidental and not “crimes of violence” under federal immigration laws.  

How A DUI Can Affect Immigration Status

Under current immigration laws, getting a DUI should not result in deportation.  But getting a DUI in combination with other illegal conduct just might.  DUI convictions can be evidence of the quality of a person’s character.  And you still have to follow the rules even though immigration laws may have changed in your favor regarding an old DUI.

DUI that involves other criminal conduct – If a DUI includes driving while impaired by a controlled substance – such as marijuana – it can result in a deportable crime.  Many people forget that, although marijuana use is legal under many state laws, it’s still considered a Schedule I narcotic under federal law. 

Similarly, if a DUI includes the illegal possession of a firearm, it too can lead to deportation.  The key in these scenarios is that the DUI by itself is not what leads to the deportation, it’s the DUI in combination with other illegal activity.     

Good moral character – In 2019, US Citizen and Immigration Services (USCIS) adopted as policy the Attorney General’s opinion in Matter of Castillo-Perez.  When an immigrant is applying for an immigration benefit that requires good moral character, having 2 or more DUIs creates a presumption that the person does not have good moral character.  The presumption must be overcome by the immigrant showing evidence of good moral character or the immigration benefit will be denied.

Invalid removal does not justify illegal re-entry – For the immigrants deported for a DUI prior to Leocal vs. Ashcroft, it will not be a defense to illegal re-entry that your removal order is now invalid.  The Supreme Court recently decided in United States vs. Palomar-Santiago that an invalid removal order does not negate the need to go through the prescribed process to challenge the validity of the original deportation. 

Get The Right Legal Advice If You Get A DUI

Getting a DUI as an immigrant can seriously impact your immigration status.  How the crime is charged and your prior criminal history can affect your eligibility to obtain future immigration benefits.  Good legal advice and representation will be critical to effectively dealing with both state criminal laws and federal immigration laws. The resolution of your DUI can have significant consequences on your immigration status both currently and in the future.

Eligibility for a DUI jury trial depends on whether you’re charged with a misdemeanor DUI or a felony DUI in Nevada.  If you face misdemeanor DUI charges, you’re not entitled to a trial by jury.  

However, per a United States Supreme Court ruling (Blanton v. North Las Vegas) issued more than three decades ago, defendants charged with felony DUI’s are eligible for a jury trial.

If you’ve been arrested for a DUI, it’s in your best interest to consult with an experienced DUI attorney before deciding between a bench trial vs. a jury trial.

When Are You Entitled To A Jury Trial For A DUI?

Only defendants who face felony charges are eligible for a DUI trial by jury. In Nevada, you can be charged with a felony DUI offense for:

1. A Third-DUI charge within seven years
2. DUI-related crashes that cause serious injury or death

Otherwise, misdemeanor DUI charges (regardless of the potential penalties) are not eligible for a jury trial for DUI.

Bench Trial vs. Trial By Jury

A bench trial is heard and decided by a judge. A DUI jury trial involves 12 people randomly selected from the community to render a decision and recommend penalties (in some cases). Whether a bench trial or a jury trial is best for your case depends on the circumstances.

Overall, both options have advantages and disadvantages. For example, a judge’s in-depth understanding of the law can be a benefit in certain cases. In others, it could increase the likelihood of conviction.

Additionally, a jury can be screened for bias. However, you never know how the details of your case will affect a juror’s decision-making process. In contrast, a judge is a bit more predictable.

If you face felony DUI charges, it’s your Constitutional right pursuant to the Sixth Amendment to demand a jury trial for DUI.  However, it’s recommended that you consult with an attorney before making a final decision.

What Are The Chances Of Winning A DUI Jury Trial?

Generally, your chances of winning a jury trial for DUI depend on the circumstances of your case. Many defendants opt for a jury trial over a bench trial because:

Are There Any Jury Trial Statistics?

There aren’t many readily available jury trial statistics. A major reason for the lack of data is that DUI cases rarely go to trial. The majority of DUI cases end in a plea agreement or case dismissal. Most defendants don’t want to risk the consequences of a conviction.

Currently, estimated conviction rates of crimes that go to trial surpass 95%. For that reason, it’s crucial to work with a DUI lawyer who is familiar with the prosecution and knows how to negotiate.

How To Win A DUI Court Case

Nevada prosecutes DUI offenses to the fullest extent of the law. Winning a DUI case often requires a skilled DUI attorney and an ironclad defense strategy. A few of the most commonly used defenses that result in reduced or dismissed charges include:

The difference between a successful DUI defense strategy and an unsuccessful defense usually depends on the caliber of the DUI attorney you work with and the circumstances of your case.

Overall, DUI cases via a bench trial or jury trial present challenging issues and high-stake consequences if convicted. If you’ve been charged with a DUI, it’s in your best interest to work with a DUI attorney you can trust.