DUI arrests and convictions in Nevada can remain on your record indefinitely. It can appear during background checks for employment, loans, housing, and more.

With that in mind, most Misdemeanor DUI records are eligible for a record seal within seven years after the case closes. That means that the DUI arrest and/conviction stays on your record, but it’s sealed from public view.

However, if you’re convicted of a felony DUI, your record may never be sealed.

Record Seal vs. DUI Expungement In Nevada

A DUI expungement and a DUI record seal are essentially the same things in Nevada. They seal your DUI record from public view. Lawmakers just prefer the term “record seal” over “expungement” in Nevada. With that in mind, not every DUI conviction is eligible for a record seal.

Only first and second offense misdemeanor DUI convictions are eligible for record seal in Nevada (7 years after the case closes). Eligibility for a DUI record seal requires:

• First time DUI conviction (within seven years) that causes no significant injuries
• Second DUI conviction within seven years that causes no serious injuries

It’s important to note that it’s impossible to seal a felony DUI conviction in Nevada.

Why Is It Important To Have A DUI Record Sealed Nevada?

A criminal conviction for driving under the influence in Las Vegas can carry lifelong consequences. If your DUI record isn’t sealed, a conviction and sometimes DUI arrests can have lifelong consequences.

Potential long-term consequences (beyond the criminal penalties) include but are not limited to:

• Decreased employment options due to a criminal DUI record
• Higher auto insurance rates
• Difficulties finding housing due to a criminal record
• Rejection from higher education institutions and revoked scholarships

How Long Does A DUI Stay On Your Record In Nevada?

If you do nothing, all DUI convictions and arrests stay on your record forever in Nevada. However, misdemeanor DUI convictions in Nevada are eligible for a record seal seven years after the case closes.

That means that a DUI record seal is only possible seven years after you serve jail time, complete probation, pay all fines, etc. Take a look at the table below to learn more about how long it takes to seal a DUI record in Nevada.

Offense	Eligible for DUI Record Seal	Time to Seal DUI Record
Misdemeanor DUI	Yes	Seven years after case concludes
Felony DUI	No	Never
DUI arrest (not convicted)	Yes	Immediately
DUI reduced to misdemeanor reckless driving	Yes	One year after the case concludes

It’s important to note that DUI arrests and convictions are not automatically removed from your record. You must apply for a DUI record seal when you’re eligible. Otherwise, it will remain on your criminal record indefinitely.

If the court denies your request for a DUI record seal in Nevada, you must wait at least another two years before applying for a DUI record seal again. If your DUI record seal application is accepted, you can expect the record sealing process to take a few months to conclude.

How To Get DUI Removed From Record Sooner

If you’re convicted of a DUI in Nevada, you must wait at least seven years after your case officially closes before you can be eligible to have your record sealed. However, if the prosecution drops or reduces your DUI charges, your record can be sealed much sooner.

With that in mind, the Clark County District Attorney takes DUI charges very seriously. Having your charges reduced or dropped can be a challenging process, but it’s not impossible. Working with a proven DUI lawyer in Las Vegas can drastically increase your chances of avoiding a DUI conviction. Continue reading to learn how.

Do DUI Charges Ever Get Dropped?

At The Vegas Lawyers, it’s always our goal to get DUI charges dismissed or reduced to a misdemeanor reckless driving charge.

An experienced DUI attorney in Las Vegas can increase the likelihood of dismissal or reduced charges by deploying the following defense strategies (where applicable):

• Lack of probable cause for the DUI traffic stop
• Improperly executed field sobriety tests
• Faulty DUI breathalyzer equipment or improper use
• Lack of credible evidence
• Contaminated blood samples
• Inconsistent evidence
• Violation of rights during arrest

Depending on your case, there are countless defense strategies that your DUI lawyer can use to help get your charges reduced or dismissed.

The use and purchase of marijuana is legal in Nevada. While it’s great to enjoy newfound freedoms, it’s also essential to understand its limitations.  For example, you obviously shouldn’t drive while high under any circumstances. For some reason many people seem to take lightly the consequences of driving while high believing that somehow, it’s less serious than driving while intoxicated with alcohol.  This is misguided thinking.  Being convicted for a marijuana DUI in Las Vegas is serious.

People convicted of driving under the influence of drugs (DUID) face similar penalties to those convicted of drinking and driving. If you’ve been charged with a marijuana DUI in southern Nevada, it’s in your best interest to consult with an experienced Las Vegas DUI lawyer as soon as possible.

How can the police tell if I’m high?

It can be difficult for a police officer to spot a person guilty of DUI with marijuana in Las Vegas. However, if a police officer observes erratic driving or pulls you over for breaking another traffic law, they may suspect a DUI with marijuana if:

• They observe the smell of marijuana.
• See marijuana in your car.
• Your eyes are dilated.
• Your behavior is unusually “relaxed.”
• Observe other questionable behavior.
• Find you eating multiple twinkies or “White Castle” burgers (just kidding on this one!)

If a police officer suspects you of driving under the influence, he will likely ask you to take a preliminary breath test (PBT). If you pass the PBT, but the officer still thinks you have drugs in your system, you can be placed under arrest.  In some cases, the police officer will wait for an officer with a specialization in drug recognition and evaluation to join the investigation.

If the officer believes there is probable cause, he can arrest you for DUI with marijuana and take you to the police station for a blood draw. Driver’s with more than the legal amount of marijuana allowed in their system will be formally charged with DUI with marijuana.

What if I have a “Medicinal Marijuana Card?”

While a medicinal marijuana card has many benefits, none of them apply to driving under the influence of marijuana. Nevada DUI laws prohibit anyone from driving a vehicle while “high” on marijuana.  However, it does allow you to purchase and own more marijuana than the average citizen. So, if you have more than an ounce of marijuana but less than 2.5 ounces, then you may not be charged with a drug offense.

What are the penalties for a Marijuana DUI in Las Vegas?

The penalties for DUI with marijuana are similar to alcohol-induced DUIs. However, there are a few differences. For example, the typical first-time DUI conviction leads to a 185-day license suspension. 

On the other hand, first-time DUI with marijuana convictions incurs a maximum license suspension of 90 days in most cases. It should be noted that there are a few exceptions. In all, the consequences of Marijuana DUI include, but are not limited to:

• Mandatory jail time or community service
• $400 – $5,000 in fines
• Attendance of Nevada Impact Panel and DUI school
• 90-day to 3-year license suspension (some drivers can be eligible for a restricted license earlier)
• Potential drug and alcohol evaluation

Penalties for a DUI with a marijuana conviction depend on the number of times you’ve been convicted of a DUI, where the DUI occurred, if it caused injuries or death, and other factors of your case.

How long does a Marijuana DUI stay on my record in Nevada?

Individuals found guilty of a misdemeanor marijuana DUI offense can have their records sealed 7-years after their case closes. If the charge was reduced to reckless or careless driving, the record could be sealed after a year. It’s important to note that felony DUI convictions can never be sealed, so it will stay on your record for life.

For this reason (and many others), it’s imperative that you consult with an experienced marijuana DUI criminal defense lawyer in Las Vegas before going to trial or accept a plea bargain. 

What are the defenses to a Marijuana DUI Charge?

Marijuana DUI charges in Las Vegas are not that easy to prosecute. With the help of a skilled lawyer, many people have their charges reduced or dismissed. Generally, there are a few defenses that your criminal defense attorney can deploy depending on your case’s circumstances. They include, but are not limited to:

• Faulty testing equipment
• Lack of probable cause
• The driver was not under the influence of marijuana

It’s important to note that Nevada’s legalization of marijuana or owning a medicinal marijuana card is not a viable defense to DUID charges.

Can a lawyer help me with a Marijuana DUI?

The answer is “yes.”  Having an experienced attorney that is familiar with all the defenses available can make a huge difference in your case.  While driving intoxicated because of drug use has always been a crime, the fact that marijuana is more prevalent in society now with much less stigma due to its legalization offers significant defenses than were previously available.  In criminal law, every case turns on the facts.  Therefore, having the right lawyer to develop those facts is not just important, its crucial.

As the former Chief Judge of the DUI Court and now a DUI defense attorney, I’m often asked by clients about the requirement of a Victim Impact Panel.  Here’s what you need to know: drivers convicted of DUI in Nevada must attend a Victim Impact Panel (VIP). That’s true regardless of the DUI offense.

The Victim Impact panel allows DUI offenders the opportunity to learn about the potentially fatal and life-altering consequences of driving under the influence by listening to the stories of DUI victims and survivors.  Hearing these stories is intended to “impact” offenders by causing them to understand the potential real-world consequences of their actions.  This is why it’s called a Victim Impact Panel.   

Members of the panel discuss how DUI-related events impacted the lives of themselves and their families. Generally, DUI offenders have little to no interaction with the panel members, aside from observing and listening to them.  However, by listening, the impact is felt.   

Victim Impact Panels are often presented by the Mothers Against Drunk Driving (MADD) organization. In certain situations, DUI offenders may attend VIP courses online if circumstances don’t allow for in-person gatherings.

If you’ve been charged with a DUI in Las Vegas or the surrounding areas, attending a Victim Impact Panel (at your own cost) is just one of the penalties you face. DUI convictions also incur jail time, fines, DUI classes, license suspension, and more.

Don’t gamble with your future. Contact The Vegas Lawyers or give us a call at (707) 702 – 7000 to schedule your free initial consultation today.

What Are The Goals of a Victim Impact Panel?

The goals of a Nevada Victim Impact Panel are clear. They include:

• Allowing the victims and survivors to share their experiences
• Increase awareness about the dangers of driving under the influence
• Give DUI offenders real-life examples of how their behavior can affect others
• Help to decrease and eventually prevent DUIs

Victim Impact Panels do not advocate shaming DUI offenders or blaming them. On the contrary, the panel’s primary goal is to educate the individual and increase their awareness of the dangers of intoxicated driving.

What’s The Difference Between DUI School and a Victim Impact Panel?

Judges typically order DUI offenders to attend a Victim Impact Panel as well as Nevada DUI school. It’s important not to get these two confused, as they are both compulsory. If you fail to attend either, you could face serious consequences.

A few major differences between the two include:

• A judge can sentence you to an 8-hour, 16-hour, or 24-hour DUI school course. VIPs are only about 1-2 hours long
• DUI school includes lectures, discussions, activities, quizzes, and a test. The Victim Impact Panel just requires participants to listen to the panel members
• Victim Impact Panels typically cost less than Nevada DUI school

Some DUI schools offer free Victim Impact Courses when you enroll. However, it’s essential to check with your Las Vegas DUI lawyer to ensure that the court will accept your selected course.

Contact The Vegas Lawyers Today – We Can Help

If you’ve been charged with a DUI offense in Nevada, you don’t have to fight alone, we’re here to help. We’ve developed a reputation as one of the best DUI law firms in southern Nevada because we understand what’s at stake; your life.

Don’t gamble with your future when you don’t have to. Our team of skilled DUI attorneys and paralegals can help you to receive the least amount of penalties possible under the circumstances.

Contact The Vegas Lawyers or give us a call at (702) 707-7000 to schedule your free initial consultation today.

Prominent Las Vegas businessman Scott Gragson was sentenced on September 4, 2020 to a term of 8 to 20 years by Clark County District Court Judge Michael Villani as part of a criminal case alleging felony DUI charges involving death and substantial bodily injury.  This case highlights, in the most tragic terms, how a person’s life can change in an instant based upon poor decisions and reckless behavior.  Scott Gragson, the grandson of former Las Vegas Mayor Oran K. Gragson, was well known in real estate and business circles as a highly successful and well-connected person.  With a reputation as a prominent community leader that had contributed to a number of charitable causes, Mr. Gragson now faces the possibility of two decades in prison. 

A TRAGEDY RESULTING IN DEATH

According to news accounts, on May 30, 2019 Mr. Gragson left a charity golf tournament after consuming several drinks and drove in a reckless manner at an excessive speed causing him to lose control of his vehicle in the Summerlin area of Las Vegas and crash into several trees.  With four passengers in his vehicle, one of them, Melissa Newton, was killed and the others suffered significant life-altering injuries.  Leaving behind three children, Ms. Newton died at the scene of the accident.   

To describe this event as a tragedy is an understatement.  Undoubtedly, Mr. Gragson did not wake up on May 30, 2019 thinking that he was going to alter the trajectory of his life and the lives of so many others.  The inconceivable pain and suffering experienced by the family of Ms. Newton and the other victims truly brings home the senseless nature of driving while intoxicated and the consequences that can result from such behavior. 

When most people get behind the wheel of their vehicle after drinking at a “happy hour” or other social event, they don’t think of themselves as engaging in potentially criminal behavior.  Death or bodily injury to others is not something most people seek to cause when they’ve been drinking.  However, as demonstrated in Scott Gragson’s case, unimaginable tragedy can happen based upon poor split second decisions.  This case is a cautionary tale to everyone of the truly tragic and heartbreaking circumstances that can occur based upon poor decisions following consumption of alcohol.

WHAT IS FELONY DUI?

When most people think of DUI offenses, they think of a misdemeanor crime.  While that’s generally true since, thankfully, most DUIs don’t result in death or bodily injuries, it’s important to be aware that if a death or bodily injury does occur, as it did so tragically in Scott Gragson’s case, then Nevada law requires criminal charges be upgraded to a felony.  Specifically, Nevada Revised Statute 484C.430 provides that a DUI resulting in death or substantial bodily injury carry a minimum criminal sentence of 2 years and a maximum sentence of 20 years in prison. 

Do you think Scott Gragson woke up on May 30, 2019 intending to kill a mother of three children, seriously injure three of his other friends/colleagues and, in the process, ruin his own life and that of his family?  Of course not.  However, that’s exactly what happened due to the very poor choice of getting behind the wheel of his vehicle and driving recklessly because he was drunk.  This case is simply another in a long line of heartbreaking tragedies that should inform all of us about the very serious and tragic dangers associated with drunk driving.  Getting a DUI is not just about “you,” it’s also what can happen to others.     

HOW TO AVOID A TRAGEDY

The best way to avoid a tragedy is to recognize that it can occur based upon the most unintended consequences of one’s actions.  Thus, this means that you should always avoid getting behind the wheel if you’ve been drinking.  However, if you are going to consume alcohol at a work or social event, limit yourself to only 2 drinks and make sure you give enough time to dilute the alcohol in your bloodstream before getting behind the wheel.  There are a number of things you can do to make sure you avoid putting yourself in the position of getting a DUI and potentially harming yourself or others. 

Call The Vegas Lawyers If You Find Yourself In Trouble

Facing DUI charges can be stressful and potentially damaging to a person’s career and life.  It’s extremely important to have the right lawyer in your corner.  If you find yourself facing DUI charges, get The Vegas Lawyers.  Our team is among the best at handling these types of cases.  Call us direct at (702) 707-7000.