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Nevada Alcohol Limits Explained: Legal BAC Levels, Penalties, and What to Expect After a DUI

Vee Jae Budomo on November 27, 2025

Although people commonly believe that the “legal limit” for driving under the influence (DUI) refers to a bright line that determines guilt or innocence, the reality is considerably more nuanced. As in many states, Nevada law includes impairment from alcohol, prescription medication, recreational drugs, and even certain over-the-counter substances in the state’s DUI law. As such, a clear understanding of BAC standards, testing methods, and potential penalties can help anyone facing DUI charges by making sure that they know what to expect and what steps to take next. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Nevada Alcohol Limits

DUI in Nevada

Governed by NRS 484C.110, driving under the influence in Nevada is defined as operating a motor vehicle on a public roadway while any of the following apply:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
  • You are under the influence of a controlled substance, chemical, poison or organic solvent.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have an unlawful blood level of certain drugs (as defined in the statute).

It is crucial to understand that while operating a motor vehicle with a BAC above 0.08 percent is one route to a DUI conviction, you can also be charged with DUI based on observable impairment, even if the chemical test results show that your BAC level was below the 0.08 percent limit. The statute makes it clear that you can also be prosecuted for driving while under the influence of legally prescribed medication, cannabis, or common medications that impair judgment or coordination. Moreover, certain categories of motorists must adhere to lower thresholds. For example, commercial drivers are subject to a 0.04 percent limit when operating a commercial vehicle and Nevada enforces a strict “zero-tolerance” policy for individuals under the legal drinking age. An underage driver may be arrested with a BAC as low as 0.02 percent.

Understanding BAC Levels

During a traffic stop, if a law enforcement officer has probable cause to believe that a motorist is impaired, the driver is typically arrested and ultimately asked to complete a chemical breath test after arriving at a police station or detention center. The drive blows into a device designed to identify the presence of ethanol in the breath, and the machine calculates a corresponding Beath Alcohol Concentration (BAC) number. A reading of 0.10 percent, for example, indicates one part alcohol for every 1,000 parts blood. The test results can then be used as evidence against the driver in a DUI prosecution.

DUI Penalties in Nevada

If you are charged with DUI in Nevada, the severity of the potential penalties will depend on the circumstances surrounding your arrest and your prior criminal record (or lack thereof). A first or second DUI within a seven-year period is typically charged as a misdemeanor unless aggravating circumstances (such as an accident or a minor in the vehicle) exist. If convicted, you face up to a year in jail along with fines, community service, and a license suspension.

A third DUI within that period becomes a Class B Felony. A DUI is also elevated to a Class B Felony if the driver has a previous felony DUI conviction or causes substantial bodily injury or death while impaired. Nevada law allows prosecutors to charge vehicular homicide as a Class A Felony when a driver with three or more prior DUI convictions causes the death of another person while under the influence. A conviction for DUI as a Class B Felony subjects you to a prison sentence of up to 20 years while the penalties for a Class A felony conviction can include a term of incarceration of 25 years to life in Nevada.

What to Expect After a DUI Arrest in Nevada?

If you are arrested for DUI in Nevada, your first concern will be securing your release from jail. If you are unable to pay the bond amount set in your case, an attorney may be able to get the amount reduced. Your driving privileges will likely be administratively suspended following your DUI arrest, which can be problematic if you need to drive to get to work or school. An attorney may be able to help you obtain a hardship license that will allow you to drive while your case is pending. Having an experienced DUI defense attorney on your side throughout the prosecution of your case is the key to protecting your rights and limiting the negative impact on your life and your future.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

False Accusations of Domestic Violence: How to Protect Yourself & Build a Defense

Vee Jae Budomo on November 27, 2025

Domestic violence allegations were once dismissed as private disputes, meaning that police officers rarely arrested abusers. Today, however, the State of Nevada treats domestic violence allegations seriously, often filing significant criminal charges against an alleged abuser. If you are facing domestic violence allegations, it is crucial to understand that a conviction can result in jail time, substantial financial penalties, civil rights restrictions, and long-term damage to career prospects. For someone falsely accused, the situation can feel overwhelming and deeply traumatic. If you are facing false domestic violence claims in Las Vegas, it is vital to know how to protect and defend yourself. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

False Accusations of Domestic Violence - The Vegas Lawyers

What Qualifies as Domestic Violence in Nevada?

Nevada law defines domestic violence through the framework of battery when the parties share a qualifying personal relationship. Specifically, a battery involving spouses, romantic partners, relatives, or cohabitants may be charged as Battery Domestic Violence (BDV). The level of severity of the charge will depend on the circumstances and on whether the accused has prior BDV convictions.

What Are the Potential Penalties for a BDV Conviction in Nevada?

A first-time BDV conviction, without aggravating factors, is typically a misdemeanor in Nevada. A conviction can result in 48 hours to six months in jail, fines up to $1,000, mandatory counseling sessions (which you must pay for), and community service hours. If you are convicted of a second BDV offense within seven years, it remains a misdemeanor, but the penalties increase, requiring at least 10 days in jail and additional community service obligations. In addition to these judicial penalties, you may face numerous nonjudicial penalties for a BDV conviction, including the loss of your job, ineligibility for certain professional opportunities, forfeiture of the right to own or possess a firearm, and limits on parenting time if you share children with the alleged victim.

How to Handle False Allegations of Domestic Violence

False accusations of domestic violence do occur, and when they do, the stakes are extraordinarily high. Nevada’s emphasis on protecting victims means that every claim is treated as credible unless proven otherwise. The accused must therefore rely on a careful, evidence-based defense. The most effective strategy will depend on the unique details of the incident, but several approaches can be used to combat wrongful allegations, such as:

  • Victim Recanting: Many people mistakenly believe that a domestic violence case can be “dropped” if the accuser decides not to proceed. That assumption is inaccurate because once the State of Nevada files formal charges, only the prosecution has the authority to drop the case. The alleged victim may share input with the prosecutor, and may even ask to have the changes dropped, but the decision to dismiss or pursue the matter rests exclusively with the state. Ultimately, the victim recanting may help your case; however, you should never count on that as your defense.
  • Witness Testimony: If other individuals observed the interaction between you and the accuser, their testimony may contradict the version of events offered by the alleged victim. In some instances, witnesses may confirm that the accuser initiated physical contact or that you acted only to protect yourself. Independent observers can provide reliable accounts that cast doubt on the prosecution’s narrative.
  • Questioning Accuser’s Credibility: This must be approached cautiously because courts and juries tend to respond negatively to arguments that appear to blame or attack an accuser. Nevertheless, if the alleged victim has made prior unfounded accusations, has a history of aggressive behavior, or has a potential motive to fabricate a claim, these facts may be raised as part of a broader defense strategy. Demonstrating a pattern of dishonesty or manipulation can influence how the judge or jury evaluates the testimony.
  • Challenging Physical Evidence: Accusers sometimes report injuries that are inconsistent with the alleged incident. In other cases, the injuries may be unrelated to the event or may be exaggerated. A defense attorney can scrutinize medical reports, photographs, and forensic findings and if the evidence does not support the accusation, that inconsistency can significantly weaken the state’s case.
  • Alibi Evidence: If you were not even present when the alleged incident occurred, evidence showing your location may establish that you could not have committed the act. Time-stamped receipts, surveillance footage, witness accounts, or digital location data can form a strong foundation for this type of defense.

What Should I Do If I Am Facing False Allegations of Domestic Violence in Las Vegas?

If you ae facing false allegations of domestic violence in Las Vegas, consult with a domestic violence defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

DUI Blood Testing: Challenging Chemical Test Results

Vee Jae Budomo on November 27, 2025

Although we all know about the dangers of drinking and driving, it can be easy to get carried away in a city like Las Vegas where the casinos never close and the party never stops. If you are operating a motor vehicle and ultimately arrested for driving under the influence (DUI), you will be asked to submit to a chemical breath test when you reach the jail or police station. If you refuse that test or are unable to complete the test because you are incapacitated, a blood test may be used. The Vegas Lawyers discuss DUI blood testing and when you might be able to challenge the blood test results. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

DUI Blood Testing - The Vegas Lawyers

DUI in Nevada

Nevada law makes it illegal to operate a motor vehicle on a public roadway if any of the following are true:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
  • You are under the influence of a controlled substance, chemical, poison or organic solvent.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have an unlawful blood level of certain drugs (as defined in the statute).

If a police officer conducts a traffic stop that results in probable cause to arrest you for DUI, the Nevada implies consent law applies. In simple terms, the implied consent law states that if you drive a vehicle on a public roadway in Nevada, you have given your consent to submit to a chemical test (blood, urine, or breath) to check for the presence of alcohol or other substances in your system.

Chemical Test Basics

Science recognizes three primary methods for identifying alcohol in the body, including breath, blood, and urinalysis. Urine testing once served as the primary testing tool, but advances in technology have shown that blood and breath tests produce more dependable results. For that reason, urine testing is now seldom used. Blood analysis remains the most precise method for measuring alcohol concentration and can also identify the presence of drugs. It is considerably more intrusive, however, which is why officers typically need a warrant before drawing a sample. Courts have determined that breath testing does not carry the same level of intrusion and may be administered without a warrant. Consequently, a chemical breath test is typically the first testing choice in a DUI arrest in Nevada. There are, however, situations in which a blood test is used.

When Is a Blood Test Used in a Nevada DUI Arrest?

Given the intrusive nature of a blood test, Nevada law only allows a law enforcement officer to pursue a blood draw in a DUI investigation under specific circumstances. For example, if a driver declines other chemical testing, a blood test may be pursued, but the officer must secure a warrant before taking a sample. Once a judge authorizes the warrant, however, the sample can be taken without the driver’s consent or agreement. A law enforcement officer is even allowed to use physical restraint to ensure the process is carried out safely and effectively. Nevada law does place limits on this authority by allowing no more than three blood samples within the five-hour period that follows the arrest.

Challenging Blood Test Results in Nevada

Although a blood test is universally viewed as the most accurate way to detect alcohol or drugs in a driver’s system, the accuracy of the results can be challenged for a number of reasons, including:

  • Collection Process Errors: Nevada law requires that the blood draw be performed by a qualified individual using approved medical procedures. Errors made during the collection process can skew the results. For example, if the technician uses an alcohol-based swab to clean the skin, the swab can contaminate the sample and elevate the alcohol reading. Improper sterilization of equipment or the use of expired collection tubes can also jeopardize the integrity of the blood.
  • Natural Fermentation: The tube used to collect blood must contain specific preservatives and anticoagulants that prevent fermentation and clotting. If the chemical balance is not correct, the blood can ferment, producing alcohol inside the tube even when the individual had no alcohol in their bloodstream.
  • Chain of Custody Issues: Chain of custody refers to the path the blood sample follows from the moment of collection until analysis, which must be carefully and accurately documented. Failing to properly document the chain of custody for a sample can lead to the sample being inadmissible at trial.
  • Storage conditions: Failing to store a blood sample at a consistent refrigerated temperature can cause the chemical composition of the blood to change, which can lead to falsely elevated alcohol levels or degraded drug metabolites.
  • Testing Errors: Gas chromatography is usually used to test for alcohol or drugs in a blood sample. These machines require calibration, regular maintenance, and careful operation by a lab technician. Both human error and machine malfunction can result in an inaccurate test result.
  • Drug Testing Issues: Unlike alcohol, drugs do not have a direct relationship between concentration in the blood and impairment. In addition, some substances remain detectable long after their effects have worn off. For a blood test result to be relevant to the issue of impairment, the result must distinguish between active compounds that cause impairment and inactive metabolites that merely show past use.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Nevada Self-Defense Laws: When Force Is Legal and When It’s Not

Vee Jae Budomo on November 27, 2025

If you are facing criminal charges for assault, battery, or even homicide in Nevada, you may be able to avoid a conviction by mounting a successful self-defense claim. Nevada is a “stand your ground” state, meaning that you have a right to fight back with lethal force under certain circumstances. Understanding when the use of force is legal and when it’s not is crucial to your defense. With that in mind, The Vegas Lawyers explain Nevada self-defense laws. If you have specific questions, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Self Defense Law Legal Concept

Nevada Gun Laws

Nevada recognizes broad rights related to firearm possession under both the United States Constitution and the Nevada Constitution, which affirms the ability to keep and bear arms for personal security, hunting, recreation, and other lawful uses. Both residents and visitors can legally carry firearms openly without obtaining a permit as long as the age requirement is met. Individuals who are at least eighteen may openly carry a rifle or shotgun, while those who are twenty-one may openly carry a handgun or semiautomatic long gun. Openly carrying a handgun in a holster or carrying a long gun over the shoulder is allowed in most public spaces, and no registration or licensing process is required.

Carrying a concealed firearm in Las Vegas operates under much stricter rules. A firearm is classified as concealed when it is carried in a manner that is not noticeable to the average observer, whether the weapon is hidden under clothing or stored in a purse, backpack, or other container that is carried on the person. Concealed carry is not automatically lawful simply because the individual may legally possess a firearm. Instead, you must have a valid concealed carry weapon permit issued by a Nevada authority or by a state with reciprocity.

Nevada Self-Defense Laws

Nevada law recognizes that a person has the right to protect life and safety when confronted with immediate danger. The legal framework surrounding the right to use self-defense is detailed and rooted in long-standing principles that balance personal protection with public safety. When deadly force is used, the law examines the circumstances with great care, focusing on necessity, reasonableness, and the conduct of the individual claiming self-defense.

Self-defense is lawful in Nevada when a person reasonably believes that an aggressor poses an immediate threat of death, serious injury, or significant harm to property. The fear of danger must be both genuine and objectively reasonable under the circumstances. The individual responding to that threat must also limit the amount of force used. Lethal force is justified only when it appears necessary to prevent death or great bodily harm. The law does not require perfect judgment in moments of crisis, but it does require that the decision to use force reflects what an ordinary person might do in the same situation. Nevada also recognizes the right to use force to protect another person who is facing an imminent threat.

What is “Stand Your Ground?”

Nevada’s “stand your ground” law does not impose a legal duty to retreat before using deadly force, provided certain conditions are satisfied. The person asserting the defense must:

  • Not have started the confrontation.
  • Have been lawfully present at the location where the incident occurred.
  • Not have been engaged in criminal conduct at the time.

These requirements reflect the principle that the benefit of “stand your ground” applies only to individuals who are acting within the bounds of the law and who have not contributed to the escalation of violence. If those conditions are met, the law recognizes the right to meet a deadly threat without first attempting to flee.

Nevada’s “Castle Doctrine”

Nevada’s “castle doctrine” operates alongside the stand-your-ground rule and provides additional protection in situations involving intrusions into occupied homes or vehicles. When an intruder unlawfully enters an inhabited dwelling or automobile, the occupant is generally justified in using deadly force. There is no requirement to retreat, even if an avenue of escape exists. The doctrine reflects the long-recognized belief that a person’s home is a place of safety and that individuals have the right to defend themselves and others inside it. The Castle Doctrine protection only applies when the structure or vehicle is occupied, meaning that an empty home or car does not trigger the doctrine.

What Should I Do If I used Deadly Force in Self-Defense in Las Vegas?

If you used deadly force in self-defense in Las Vegas and are concerned about being charged with a crime, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Vehicular Crimes: Hit & Run, Vehicular Manslaughter & Negligent Homicide in NV

Cyril Balatero on October 28, 2025

As a popular vacation destination, Las Vegas sees more than its share of vehicular traffic on a daily basis. When a driver is involved in a collision that results in injury or death, the driver may face civil as well as criminal consequences. Criminal liability may apply under one of the various Nevada laws related to vehicular crimes, including hit and run, vehicular manslaughter, and negligent homicide. To help you understand what criminal charges you could be facing, the Vegas Lawyers explain vehicular crimes in Nevada. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

vehicular crimes - The Vegas Lawyers

How Is “Hit and Run” Defined in Nevada?

Under Nevada law, you have certain obligations and responsibilities if you are involved in a motor vehicle accident. Specifically, you are required to stop at the scene of the accident, render aid if it is needed, and provide your name, registration, and address to anyone else involved in the accident. Furthermore, you must file a Nevada SR-1 accident report within 10 days of the accident if the police do not respond to the accident scene. Failing to fulfill your obligations under the law can result in criminal charges being filed against you for “hit and run.”

Leaving the scene of a property damage only accident (property “hit and run”) is charged as a misdemeanor in Nevada. If you are convicted, you face up to six months in jail and/or a fine of up to $1,000 along with demerit points charged against your driver’s license. If you leave the scene of an accident that caused injury or death (injury “hit and run”) you can be charged with a Category B felony for each person injured or killed in the accident. If convicted, you may be sentenced to two to 20 years in prison and/or a fine of up to $5,000.

What Constitutes Vehicular Manslaughter in Las Vegas?

Governed by NRS 484B.657, vehicular manslaughter occurs when a driver’s negligence causes the death of another person. Negligence can refer to an act or an omission on the part of the driver. For example, if you were distracted by your cell phone or by another occupant of the vehicle, and that distraction caused or contributed to a fatal accident, you could be charged with vehicular manslaughter. Likewise, if you knew that your brake lights were inoperable but failed to fix them and that failure caused or contributed to a collision that resulted in a fatality, you could be charged with vehicular manslaughter. In Nevada, vehicular manslaughter is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine if convicted. Note that if the accident occurred in a work zone or pedestrian safety zone, the penalties can be enhanced.

Can Reckless Driving Be a Vehicular Crime in Nevada?

In Nevada, you can be charged with reckless driving for drag racing, “trick” driving, or “driving with willful or wanton disregard of the safety of persons or property.”  If your reckless driving results in a collision with a pedestrian or bicyclist, you could be charged with a misdemeanor or a gross misdemeanor, punishable by up to a year in jail and/or up to a $1,500 fine along with significant community service work and a lengthy license suspension.

Reckless driving can be elevated to a Category B felony in Nevada if it results in a fatal accident. For example, if you are drag racing and get into an accident that kills someone, you could be charged with a Category B felony, punishable by a minimum of one to six years in prison and/or up to a $5,000 fine. If you were operating the vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit or the accident occurred in a work zone or pedestrian safety zone, the potential maximum sentence is increased to 10 years in prison.

What Is Vehicular Homicide in Las Vegas?

Under Nevada law, vehicular homicide can be charged if an accident results in serious bodily harm or death and any of the following apply:

  • The driver was under the influence of alcohol and/or drugs.
  • The driver has a prohibited amount of a controlled substance in their blood.
  • The driver had a blood alcohol content (BAC) of 0.08 percent or higher within two hours of driving.

Vehicular homicide under these conditions is charged as a Category B felony in Nevada, punishable by two to 20 years in prison and/or a fine of up to $5,000 along with a lengthy license suspension if convicted.

Vehicular homicide can be elevated to a Category A felony, punishable by 25 years to life in prison, if you have three previous DUI convictions and are ultimately convicted of driving under the influence and being involved in an accident that results in the death of another person.

What Should I Do If I Have Questions about Vehicular Crimes in Nevada?

If you have additional questions about hit and run, vehicular manslaughter, negligent homicide, or other vehicular crimes in Nevada, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Restraining Orders & Protection Orders in Las Vegas: What Respondents Should Know

Cyril Balatero on October 28, 2025

Protective orders, commonly known as restraining orders, are designed to safeguard individuals who have experienced threats, harassment, or abuse from a partner or relative. In Nevada, obtaining a restraining order is a relatively simple process, which unfortunately means that some are issued based on inaccurate or exaggerated claims. If you are the Respondent in a Nevada restraining order, it is essential to understand your rights and the legal steps you should take to defend yourself. Toward that end, the Vegas Lawyers discuss what Respondents should know about a Las Vegas protective order. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

restraining order Las Vegas - The Vegas Lawyers

What Is a Restraining Order in Nevada?

In Nevada, there are several different types of restraining orders that can be issued, based on the type of threat or harm involved. A restraining order may be issued based on harassment in the workplace, harm to minors, or sexual assault. The most common type of restraining order, however, is based on allegations of stalking or harassment by an intimate partner. Under Nevada law, harassment occurs when a person threatens to:

  • Harm another person in the future, damage another person’s property, confine or restrain another person, or do any act intended to substantially harm another person’s physical or mental health or safety; AND
  • The person’s words or conduct causes the applicant to reasonably fear that the threats will be carried out.

Stalking occurs when a person “engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed, or fearful for their immediate safety or that of a family or household member, AND the person applying for the restraining order actually feels terrorized, frightened, or intimidated, harassed, or fearful for their immediate safety or that of a family or household member.

How Is a Restraining Order Obtained in Nevada?

To obtain a Temporary Protective Order (TPO), which can only remain in effect for up to 45 days, an applicant (referred to as the “Petitioner”) need only file the required paperwork with the appropriate court alleging that they have been the victim of stalking, harassment, threats, or abuse.  A judge can issue an “ex parte” Order based solely on the applicant’s allegations, without the Respondent’s input. If the judge issues a TPO, the court will attempt to serve the Respondent with the Order along with a summons for a hearing. At the hearing, the Respondent will have the opportunity to defend the allegations made by the Petitioner. If the judge is convinced that there is sufficient evidence that a Protective Order is needed, an Extended Protective Order (EPO) will be granted for up to two years.

What Does It Mean If a Protective Order Is Issued in Nevada?

Whether it is a TPO or an EPO, a Restraining Order can prohibit the Respondent from doing several things, such as:

  • Entering your home (even if your name is on the lease or title).
  • Contacting the Petitioner in any way, including through a third party.
  • Going to the Petitioner’s workplace or school.
  • Possessing or purchasing a firearm.
  • Leaving the jurisdiction with your children.

What Happens If I Violate a Nevada Restraining Order?

Even though a TPO can be issued before the Respondent has the opportunity to mount a defense against the allegations in the Petition, it is crucial to understand that the Respondent is legally required to abide by the terms and conditions of the Order. The prohibitions in a Restraining Order are just that – orders of the court.

If you are the Respondent to a TPO, and you violate the Order, you can be charged with a criminal misdemeanor. If convicted, you face up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violating a Nevada Restraining Order is punishable by up to 364 days in jail and/or a fine of up to $2,000.  Further convictions for violations of a Nevada Restraining Order are potentially punishable by up to four years in prison and/or up to a $5,000 fine. Violating an EPO can result in being charged with a Category C felony, punishable by up to five years in prison and/or up to a $10,000 fine.

Do I Need an Attorney If I Am the Respondent to a Nevada Restraining Order?

If you are served with a TPO and notified that there is a hearing scheduled to consider the issuance of an EPO, it is in your best interest to consult with an attorney immediately. If an EPO is granted, it can impact your property rights, your relationship with children, and your right to possess firearms. You have the right to defend against the allegations made in the Restraining Order Petition. The best way to exercise that right and ensure that all your rights are protected is to have an experienced criminal defense attorney on your side.

What Should I Do If I Am the Respondent to a Nevada Restraining Order?

If you have been served with a Petition for a Restraining Order, consult with a Law Vegas criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

How Out-of-State Drivers Are Affected by a Las Vegas DUI

Cyril Balatero on October 28, 2025

As a popular tourist destination, Las Vegas hosts millions of visitors from out-of-state and even foreign countries every year. Unfortunately, the popular saying “What happens in Vegas, stays in Vegas” does not apply if you are charged with driving under the influence (DUI) in Las Vegas. On the contrary, if you are an out-of-state driver, a Nevada DUI can follow you home and impact your future and even your freedom. If you are facing DUI charges in Las Vegas, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Las Vegas DUI for out-of-state driver - The Vegas Lawyers

Nevada DUI Laws

Regardless of where you call home, you are subject to Nevada law if you choose to operate a vehicle on a public roadway within the state. It is a criminal offense in Nevada to operate a motor vehicle on a public roadway under any of the following conditions:

  • You are under the influence of intoxicating liquor.
  • You have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in your blood or breath.
  • You are under the influence of a controlled substance.
  • You are under the combined influence of intoxicating liquor and a controlled substance.
  • You have inhaled, ingested, applied or otherwise used any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders you incapable of safely driving or exercising actual physical control of a vehicle.

What Are the Penalties for a DUI Conviction in Las Vegas?

If you are charged and convicted of a DUI in Nevada, you may face the following judicial penalties:

  • First DUI within a seven-year period: Charged as a misdemeanor (if there are no aggravating circumstances). Punishable by two days to six months in jail or 48 to 96 hours of community service, a license suspension of 180 days, mandatory attendance at a victim impact panel and attendance at DUI school along with fines of up to $1,000 and court costs.
  • Second DUI within seven years: Charged as a misdemeanor (if no aggravating circumstances). You face a jail term of 10 days to six months, installation of an ignition interlock device for six months to three years, mandatory attendance at a victim impact panel, attendance at DUI school, fines of up to $1,000 and court costs.
  • Third DUI within a seven-year period: Charged as a Class B Felony. Punishable by one to six years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
  • Previous felony conviction for DUI or caused substantial bodily harm or death: Charged as a Class B Felony. Punishable by one to six years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
  • Cause the death of another person (vehicular homicide) while driving under the influence, and you have three or more previous convictions for DUI: Charged as a Class B felony, punishable by 25 years to life in prison.

What Are the Non-Judicial Consequences of a DUI in Nevada?

Along with the court-imposed sentence you receive if convicted of a DUI in Nevada, you may also face non-judicial consequences. For example, the financial impact of a DUI conviction can be significant. In addition to paying substantial fines and court fees, you may also be responsible for the expenses related to probation supervision, the installation and maintenance of an ignition interlock device, and any mandatory alcohol or drug treatment programs. Your auto insurance rates will likely rise dramatically for several years after a conviction, and a DUI conviction may negatively impact your current job or future career. Specifically, jobs that require driving may not be available, and if you are a licensed professional such as a teacher, attorney, or healthcare worker, you may face disciplinary action or even lose your license.

Special Concerns for Out-of-State Drivers Charged with DUI in Las Vegas

One of the most important concerns for out-of-state drivers facing DUI charges in Las Vegas is license suspension in both Nevada and in their home state. Because Nevada is part of the Interstate Driver’s License Compact (DLC) and the Non-Resident Violator Compact (NRVC), Nevada is required to share information about traffic offenses with other member states, including an arrest for DUI. Consequently, you could face judicial and administrative penalties in both Nevada and in your home state.

From a practical standpoint, an out-of-state driver facing criminal charges in Nevada will need to arrange for bond and may be required to appear for future court appearances, which can be complicated and costly. Hiring a local criminal defense attorney is often the best way to avoid the need to physically appear in court for preliminary hearings in a Las Vegas DUI prosecution.

What Should I Do If I Am an Out-of-State Driver Facing a DUI in Las Vegas?

If you are an out-of-state driver charged with DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Sealing DUI Criminal Records in Las Vegas

Cyril Balatero on October 28, 2025

If you have a conviction for driving under the influence (DUI) in Las Vegas, the negative ramifications of that conviction can follow you forever. Future employers, landlords, and even neighbors can easily find out that you have a DUI conviction. Fortunately, you may be entitled to seal your criminal record, meaning that your DUI conviction will not be accessible to the general public. The Vegas Lawyers explain what is involved in sealing a DUI criminal record in Las Vegas. If you have specific questions, contact us today by calling (725) 217-4768 to schedule your free consultation.

Sealing DUI Record Las Vegas - The Vegas Lawyers

What Does It Mean to Seal a Criminal Record in Nevada?

Many people mistakenly believe that sealing a criminal record means it is permanently erased; however, sealing a record does not destroy the record. Instead, the record is removed from public access and stored separately, preventing most individuals, including employers and landlords, from viewing it during a routine background check. While the public cannot see a sealed record, it is important to understand that it is not erased and that certain government employees, agencies, or individuals authorized by a court order can still access it for specific purposes permitted under Nevada law.

Can I Seal My DUI Criminal Record in Las Vegas?

Nevada has a relatively expansive record sealing law that allows most criminal records to be sealed after a requisite waiting period as follows:

  • Category A, felony crimes of violence, and residential burglary: 10 years
  • Battery domestic violence and misdemeanor DUI: 7 years
  • Category B, C, or D felony: 5 years
  • Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order: 2 years

Can I Get a Felony DUI Sealed in Las Vegas?

While it is possible to have a misdemeanor DUI criminal record sealed in Las Vegas if the relevant waiting period has passed, Nevada law does not allow you to seal a felony DUI criminal record. If your conviction is for a felony DUI, talk to an experienced criminal defense attorney about the possibility of petitioning the court to have your conviction reduced to a misdemeanor. If you successfully get the conviction reduced to a misdemeanor, you could be eligible to have the record sealed.

What Are the Steps Involved in Sealing My Dui Criminal Record in Las Vegas?

You must meet the Nevada requirements to be eligible to seal your DUI criminal record. If you meet the statutory requirements, the steps that are typically involved in the record sealing process include:

  1. Obtaining a SCOPE Report: You must obtain a “Shared Computer Operations for Protection and Enforcement” (SCOPE) report from the law enforcement agency that arrested you.
  2. Obtaining a Judgement of Conviction and Discharge:  You must also obtain a copy of the “Judgment of Conviction and Discharge” for each conviction that you wish to seal. This shows the date that the conviction was “closed” which is used to calculate the applicable waiting period.
  3. Preparing Your Documents: You must prepare a Petition, an Affidavit, and proposed Order to be filed with the appropriate Court.
  4. Sending Documents to the District Attorney’s Office: A copy of all your record sealing documents must be delivered to the District Attorney’s Office for review.  If everything is in order, the D.A.’s Office will sign the Order which serves as their stipulation to the sealing of the record.
  5. Filing Documents with the Court: If you have obtained the signed Order to seal the record, then it is time to file your documents with the appropriate court for the judge to review.  Hopefully, the judge will sign off on the sealing of the record.
  6. Distributing Copies: Once you have the sealed Order, you must distribute copies to all law enforcement agencies that have a criminal record for you. Only then is the law enforcement agency required to seal your DUI criminal record within their database.

What Should I Do If I Have Questions about Sealing My DUI Criminal Record in Las Vegas?

If you have additional questions about sealing a DUI criminal record in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Gun and Firearms Offenses in Nevada: Laws, Penalties & Defense Strategies

Cyril Balatero on October 27, 2025

Like many states, Nevada law recognizes your 2nd Amendment rights. At the same time, Nevada also imposes strict regulations on how firearms may be purchased, sold, owned, used, and transferred. Violating one of Nevada’s firearm laws can result in serious criminal charges being filed against you and, if convicted, could subject you to a lengthy prison sentence and hefty fines. Understanding the relevant firearms offenses and the potential defenses available is critical if you are charged with a gun-related charge in Nevada. If you have specific questions about gun and firearm offenses in Nevada, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Firearms Offenses - The Vegas Lawyers

Nevada is an “open carry” state which means that you can purchase or carry a firearm that is “openly visible” without needing to obtain a permit or register the firearm. If you wish to conceal carry a firearm, however, Nevada law requires you to obtain a permit. Violating Nevada’s concealed carry law is charged as a Class C felony and carries a prison term of up to five years and/or a fine of up to $10,000 if convicted.

While Nevada is an open carry state, there are certain individuals who are prohibited from possessing firearms under Nevada law, including convicted felons, fugitives, individuals addicted to controlled substances, those convicted of domestic violence or stalking, undocumented immigrants, and persons adjudicated as mentally ill. A felon, fugitive, or drug addict in possession of a firearm is charged as a Category B felony, punishable by one to six years in prison and up to a $5,000 fine.

In addition, if you are the Respondent in a restraining order, you must surrender your guns and refrain from possessing firearms. Violation of the prohibition against firearms related to a restraining order is charged as a gross misdemeanor, carrying up to 364 days in jail, and/or a fine of up to $2,000 if convicted.

While it may be legal to openly carry, or even conceal carry, a firearm in Las Vegas, Nevada law makes it a crime to discharge a firearm in a public place, within a vehicle or building, or in a populated area in a wanton or malicious manner. Firing a gun from a vehicle or structure in a populated area is a Category B felony, carrying two to 15 years in prison and fines up to $5,000. Shooting into an occupied building or vehicle is also charged as a Category B felony, punishable by one to 10 years in prison and a $5,000 fine.

If you use a firearm during the commission of a crime, you may face enhanced penalties. Your sentence may be doubled, up to an additional 20 years in prison, if you are convicted and the court enhances your sentence because of the use of a firearm.

Selling or Transferring Firearms to Prohibited Persons

It is also illegal to sell or give a firearm to someone who is legally prohibited from possessing one in Nevada. This includes fugitives, felons, or someone who is mentally ill. A violation of this law is charged as a Category C felony in Las Vegas, punishable by one to 10 years in prison and a fine of up to $10,000.

Nevada Ghost Guns Laws

In 2022, Nevada enacted legislation prohibiting the manufacture or assembly of firearms that lack a federally issued serial number. The sale, possession, or transport of a “ghost gun” is a gross misdemeanor for a first offense, punishable by up to 364 days in jail and/or a $2,000 fine. A second or subsequent offense is a Category D felony, which carries one to four years in prison and fines of up to $5,000. There are exceptions to Nevada’s “ghost gun” law for antique firearms and those that have been rendered permanently inoperable.

Defense Strategies for Gun and Firearm Offenses in Las Vegas

If you are charged with a gun or firearm offense in Las Vegas, an experienced criminal defense attorney may employ any of a variety of defense strategies, depending on the unique facts and circumstances of your case. Common defense strategies include:

  • Illegal search and seizure: If the police seized evidence, including a firearm, through an illegal search, your attorney may be able to get that evidence excluded, meaning it cannot be used against you at trial.
  • Lack of intent: Most firearm offenses require you to have had knowledge and intent to violate the law. Your attorney may argue that you lacked the intent to violate the law.
  • Self-defense: Nevada has a liberal self-defense law that allows you to use deadly force if you are protecting yourself or someone else.
  • Procedural mistakes: If the police made a procedural mistake, such as breaking the “chain of custody” when handling evidence, your attorney may use that to exclude evidence from trial.

Contact A Las Vegas Gun and Firearms Defense Attorney at The Vegas Lawyers

If you have additional questions or concerns about Las Vegas gun and firearm laws, consult with an experienced Las Vegas gun and firearms defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Can Police Search Your Car Without a Warrant in Las Vegas?

Cyril Balatero on October 27, 2025

Even a simple traffic stop can be nerve-racking for the average motorist. When a traffic stop turns into an investigation that potentially involves searching your vehicle, it can be downright frightening. If you find yourself faced with a potential search of your vehicle, you may be unclear regarding whether the police can search your car without a warrant. To help ensure that you understand your rights, The Vegas Lawyers discuss when the police can legally search your car without a warrant in Las Vegas.

Can Police Search Your Car Without a Warrant - The Vegas Lawyers

Understanding Your Right Against Unreasonable Searches and Seizures

The 4th Amendment to the U.S. Constitution grants you the right to be free from “unreasonable searches and seizures,” reading as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article 1, Section 18 of the Nevada Constitution provides you with a similar right by guaranteeing the right for people to “be secure in their persons, houses, papers, and effects from unreasonable searches and seizures.”

The 4th Amendment and Section 18 generally stand for the proposition that a law enforcement officer must first obtain a warrant, based on probable cause, before they can legally conduct a search and seizure. There are, however, exceptions to the warrant requirement.  

Is a Warrant Required to Search My Car in Las Vegas?

Because of the rights guaranteed to you in the 4th Amendment and Section 18, the police must have a warrant to search your vehicle unless an exception to that requirement applies. If a warrant to search your vehicle is secured, the police can conduct a search of your vehicle. Because the courts have found that you have a lower expectation of privacy in your vehicle than you have in your home, a search of your vehicle may still be legal in the absence of a warrant if:

  • You consent to the search.
  • The police have probable cause to believe that evidence of a crime will be found in the vehicle.
  • The search is conducted because a law enforcement officer reasonably believes that a search is necessary to ensure their safety.
  • The search occurs incident to an arrest.
  • The vehicle is impounded.

The easiest way for the police to legally search your vehicle without first obtaining a warrant is to obtain your consent. They will likely ask you if they can search your vehicle, hoping that you will provide consent. You are not required to agree to a search and providing consent rarely benefits a driver.

What Is the Probable Cause Exception?

Although a law enforcement officer can pull you over for a simple traffic infraction, the officer needs “probable cause” to turn that stop into a search of your vehicle. Probable cause means that the officer has a “reasonable belief that evidence of a crime will be found in the place to be searched.” For example, if the smell of marijuana or alcohol were emanating from the vehicle during the stop, the officer would have probable cause to search the vehicle. The police are even allowed to bring a K-9 to sniff your vehicle to obtain probable cause for a search, as long as waiting for the K-9 does not unreasonably prolong the traffic stop.

What Is the Safety Exception?

If the law enforcement officer has a reasonable belief that you are dangerous and that you might be able to gain control of a weapon, a vehicle search may be conducted without a warrant. This usually applies if the occupant of a vehicle is verbally threatening a police officer or if a weapon is visible in the vehicle.

What Is the Incident to Arrest Exception?

If you are arrested during a traffic stop, the police may legally conduct a warrantless “search incident to arrest.” This exception, however, only allows them to search the area within your immediate control, typically meaning the passenger compartment of the vehicle only. Usually, this exception to the warrant requirement does not allow a search of the trunk of the vehicle.

What Is the Impound Exception?

If your vehicle is lawfully impounded by the police, they are allowed to conduct an “inventory search” without first obtaining a warrant. The rationale behind this exception is in the name, meaning they are supposed to “inventory” the contents of the vehicle to ensure that it is returned with everything in it. This type of search does include a search of the trunk of the vehicle.

Contact A Las Vegas Criminal Defense Lawyer at The Vegas Lawyers

If you have questions about whether a search of your vehicle was legal in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.