Although fake IDs are used throughout the country, they are especially ubiquitous in Las Vegas. Proof of age is required to purchase alcohol, tobacco, and marijuana as well as to enter certain adult establishments or to gamble once you have gained entry to casinos on the world-famous strip. It has always been tempting for underage revelers to try using a fake ID in Las Vegas; however, using a fake ID in Nevada can lead to some serious consequences.

What Is a Fake ID in Nevada?

The most common example of a “fake ID’ in Nevada is a driver’s license that is being used by someone other than the rightful owner or that has been altered so that the owner appears older. The State of Nevada, however, defines a “fake ID” as any altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Consequences of Using a Fake ID in Nevada?

It can be tempting to use a fake ID to try and gain access to adult-only establishments and/or to purchase age-restricted merchandise, but you should consider the potential consequences if you are caught doing so before giving in to that temptation.

In Nevada, NRS 205.460 makes it a criminal misdemeanor offense to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.” If convicted under this statute you face up to six months in jail and/or a fine of up to $1,000.

Note that if you are charged with selling, lending, or giving away an altered or counterfeited document to be used to purchase alcohol or gamble, you may be charged with a gross misdemeanor, subjecting you to up to a year in jail and/or up to a $2,000 fine.

If you use a fake ID with the intent to establish a “false status, occupation, membership, license or identity,” Nevada law allows you to be charged with a Class C felony, punishable by up to 10 years in prison and/or a fine of up to $10,000.

Do I Have a Defense If I Was Charged with Using a Fake ID in Nevada?

If you are arrested and charged with a criminal offense for using a fake ID in Nevada, you have a right to launch a vigorous defense with the assistance of an experienced attorney. Your defense may be based on the assertion that you lacked the “intent to defraud” or might focus on a violation of your constitutional rights that prevents the prosecution from using evidence against you at trial. The defense strategies available to you will depend on the unique facts and circumstances surrounding your arrest.

What Should I Do If I Have Been Charged with Using a Fake ID in Las Vegas?

If you have been charged with using a fake ID in Las Vegas, consult with an experienced Nevada fake ID lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

For a motorist, flashing lights in the rearview mirror while driving is not usually a welcome sight. Frequently, those flashing lights lead to a law enforcement officer writing you a citation for speeding. If you recently received a speeding ticket, you could simply pay the fine and accept the points against your license; however, hiring a speeding ticket lawyer can save you both time and money.

Nevada Speeding Law

Like all states, Nevada has posted speed limits on all public roadways. If you exceed the speed limit, you can be stopped by a law enforcement officer and issued a citation (ticket). Typically, a speeding ticket is a civil infraction; however, some speeding violations can be charged as criminal misdemeanors. If you are charged with speeding 30 miles per hour (or more) over the posted speed limit, for example, you can be charged with a moving violation misdemeanor.

What Are the Potential Penalties for Violating Nevada Speeding Laws?

If you violate Nevada speeding laws and are charged with a civil infraction, you face a monetary fine of up to $500 and “points” against your license. The Nevada Department of Motor Vehicles (DMV) operates on a demit system. If you accrue 12 months against your license within a 12-month period, your license is automatically suspended for six months. A speeding ticket could result in one to five points against your license, depending on how much over the limit you were driving and whether there were additional aggravating circumstances (such as speeding in a school or construction zone).

If you are charged with a criminal misdemeanor for exceeding the speed limit by 30 miles per hour or more, you face up to six months in jail and/or up to a $1,000 fine. Fines can also be doubled for speeding in school or work zones or if you cause property damage or injury.

Can I Contest a Nevada Speeding Ticket?

If you are issued a citation for a civil infraction, you have two options. You can admit that you committed the violation or contest the violation. If you admit the violation, you will be required to pay a fine, and points will be assessed against your license. You may be eligible to avoid or reduce points by completing a Nevada DMV-approved 5-hour traffic safety course or paying a Demerit Point Reduction Fee in addition to paying a fine. If you wish to contest the violation, you must do so shortly after receiving the ticket to preserve your rights. Once the court has been notified that you contest the ticket a court date will be scheduled for a hearing.

If you are charged with a criminal misdemeanor, you must appear in court on the date and time noted on the ticket. At that time, you will enter a plea of guilty or not guilty. If you plead not guilty, a trial date will be set by the court. Failing to appear at the scheduled date and time will typically result in a bench warrant being issued for your arrest.

How Can a Nevada Speeding Ticket Lawyer Help Me

The potential consequences of a moving violation can be considerable. Along with paying a hefty fine you may accrue multiple points against your license and face higher car insurance premiums for several years after admitting a moving violation. Even admitting a civil infraction can negatively impact your driving record and your finances. Failing to appear in court can result in a warrant for your arrest while accruing too many points can cause the loss of your driving privileges. An experienced Nevada speeding ticket lawyer can save you both time and money when you have been issued a ticket. Attempting to navigate the unfamiliar DMV and/or criminal justice system can be stressful, waste hours of valuable time, and have dire consequences if you make a misstep. An experienced attorney can handle the procedural steps on your behalf and act as your advocate throughout the process. Whether you intend to dispute or admit that you were speeding, a lawyer may be able to help by developing a winning defense to the accusations or by negotiating a reduction in the fines and points levied against you.

What Should I Do If I Have Been Charged with Speeding in Las Vegas?

If you have been charged with speeding in Las Vegas, consult with an experienced Nevada speeding ticket lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

When a property owner evicts a tenant or “removes” a squatter, the owner typically provides notice to the individual that they are not allowed to return to the property. If you are that person, and you return to the property after being evicted or removed, you could face criminal charges for “unlawful reentry” in Las Vegas. If that happens, it is crucial to understand what the prosecution must prove to convict you of unlawful reentry and how an illegal reentry lawyer can help you avoid a conviction.

What Is Unlawful Reentry in Las Vegas?

In the State of Nevada, NRS 205.082 governs the criminal offense of unlawful reentry, reading as follows:

• A person is guilty of unlawful reentry if:
  • An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414; and
  • Without the authority of the court or permission of the owner, the person reenters the property.

What Are the Potential Penalties for a Conviction for Unlawful Reentry in Nevada?

Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you face a potential penalty of up to 364 days in jail and/or a fine of up to $2,000. You may also be required to spend a designated period of time on probation, pay restitution (if you cause any damages), and pay costs and fees.

What Are Some Examples of Circumstances That Could Lead to Charges for Illegal Reentry?

The most common example of circumstances that lead to an arrest for unlawful reentry involves a tenant who has been evicted from the premises but left something important there and wants to retrieve the forgotten item(s). It can also be tempting for a tenant who feels that he/she was wrongfully evicted to want to go back and retrieve items or even damage the property. Either way, entering the property after you have been evicted or removed can lead to an arrest and prosecution for unlawful reentry.

Is There a Legal Defense to Accusations of Unlawful Reentry in Las Vegas?

If you have been charged with unlawful reentry in Las Vegas, the best thing you can do for yourself, and your future, is to retain the services of an experienced illegal reentry lawyer. The exact defense strategy used in your case will depend on the facts and circumstances surrounding your arrest; however, common defenses employed in an unlawful reentry case include:

• Challenging the Eviction/Removal: The offense of illegal reentry is predicated on being legally evicted or removed from the property first. If you can prove that you were not legally evicted or removed, then the prosecution cannot prove one necessary element of the crime.
• Alleging Permission: If the property owner gave you permission to reenter the property despite having been evicted or removed, you have a defense to allegations of unlawful reentry.
• Illegal Search or Other Law Enforcement Conduct: If the police entered the property illegally, or engaged in any other violations of your rights, that conduct may help get evidence excluded from your case.
• Mistaken Identity: This defense simply alleges that it wasn’t you on the property and, therefore, you are not guilty of illegal reentry.

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

If you were arrested and charged with unlawfully reentering a property in Las Vegas, consult with an experienced illegal reentry lawyer at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

If you are facing criminal charges, it is crucial to consult with an experienced Las Vegas criminal attorney as soon as possible. If you have never before needed the services of a criminal attorney, however, the prospect of meeting with an attorney can be a bit overwhelming on top of the stress you already feel after being arrested and charged with a crime. To help put you at ease, the team at The Vegas Lawyers offers a preview of what to expect during your first meeting with a Las Vegas criminal attorney.

Overview of the Law Firm

If you are like many people, meeting with a Las Vegas criminal attorney will be your first experience in a lawyer’s office. Knowing how the office is structured and who the “players” are may help you feel more at ease. While every office is unique, you may meet with a legal secretary or paralegal prior to meeting with an attorney. Their job is usually to gather basic information from you, copy documents you brought with you, and act as a point of contact for clients when an attorney is unavailable. Unlike attorneys who practice in other areas of the law, criminal defense attorneys typically spend a considerable amount of time in court, making their support staff an invaluable part of your defense team.

Background Information

Your criminal defense attorney needs as much background information on you as possible to do his/her job well. It may be uncomfortable to answer some of the questions, but rest assured that your attorney won’t ask questions unless he/she needs the answers to help protect and defend you. Be prepared to answer questions about your criminal background (or lack thereof), driving history, education, employment, and family history. Depending on the type of criminal charges involved, your attorney may also ask you questions about your relationships, financial status, and other sensitive subjects. Providing honest answers is crucial to your lawyer’s ability to protect you and mount a winning defense successfully. Keep in mind that everything (with very narrow exceptions) you disclose to your attorney is covered under attorney-client privilege, meaning that your lawyer cannot share the information with anyone else.

Case Details

Next, you will discuss the facts of the case. Come prepared for the meeting with copies of all relevant documents, including anything provided to you when you were arrested, correspondence you received from the prosecutor’s office, and documents that you think might be helpful to your defense. If there are people that you believe your attorney needs to talk to, such as an alibi or character witness, gather their contact information ahead of time as well. Because your lawyer cannot knowingly allow you to commit perjury, he or she may never ask you outright whether you committed the crime; however, your lawyer will ask you other pertinent questions relating to the case. It is in your best interest to answer these questions fully and honestly.

Defense Strategy

After your attorney has a clear picture of the prosecution’s case against you (as it currently stands) and your version of events, you will discuss your legal options. Although you are never required to accept a guilty plea agreement, your attorney may discuss that option with you to ascertain whether you are interested in negotiating an agreement. If you prefer to move forward toward trial, your Las Vegas criminal attorney will go over possible defense strategies with you and explain the next steps in your case.

What Should I Do If I Have Been Charged with a Criminal Offense in Las Vegas?

If you have been charged with a criminal offense in Las Vegas, consult with an experienced Las Vegas criminal attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

If you were ever legally evicted or removed from a home or apartment, you were likely notified that you could not return to the premises. What happens if you return anyway after being ordered to leave? You might be arrested and charged with “unlawful reentry.” To help you better understand, The Vegas Lawyers explain what constitutes illegal reentry and what penalties you face if convicted of unlawful reentry in Nevada.

What Are the Elements of Unlawful Reentry in Nevada?

Illegal reentry, referred to officially as “unlawful reentry,” is governed by Nevada Revised Statute 205.082, which requires two elements to be met for a conviction:

1. An owner of real property has recovered possession of the property from the person pursuant to NRS 40.412 or 40.414 and
2. Without the authority of the court or permission of the owner, the person reenters the property.

What Are Some Scenarios That Might Lead to Allegations of Illegal Reentry?

Allegations of illegal reentry most often occur after an individual has been evicted or following removal for “squatting.” For example, imagine that you were legally evicted from your apartment by your landlord for violating a provision of your lease. The court order required you to vacate the premises by June 1st. On June 2nd, you realize you left some important documents in the closet of the apartment, so you return to get them. You could be arrested and charged with unlawful reentry.

Another common example involves “squatters.” A squatter is someone who lives in or occupies a piece of property without a legal claim to the property. If you were squatting on a property and the owner came in and removed you, changed the locks, and posted the required notice pursuant to NRS 40.412, you could be charged with illegal reentry if you returned to the property.

How Is Illegal Reentry Different from Burglary or Trespassing?

If unlawful reentry sounds similar to burglary and trespassing to you, it is because they are similar offenses – with important differences.

The primary difference between unlawful reentry and burglary is that the criminal offense of burglary requires the prosecution to prove that the defendant had the intent to commit a crime while on the premises. Illegal reentry, however, does not involve any malicious intent beyond unlawful reentry.

Trespass, in Nevada, can occur under two different circumstances. The first is when an individual enters into someone else’s property with the intent to “vex or annoy the owner or occupant thereof or to commit any unlawful act.” Trespassing can also be alleged if you willfully go or remain upon any land or in any building “after having been warned by the owner or occupant thereof not to trespass.”

What Are the Potential Penalties for Unlawful Reentry in Nevada?

Unlawful reentry is charged as a gross misdemeanor in Nevada. If convicted, you could be sentenced to up to 364 days in jail and/or be ordered to pay a fine of up to $2,000.

What Are Some Defenses to Allegations of Illegal Reentry?

If you are facing allegations of unlawful reentry in Las Vegas it is imperative that you speak to an experienced criminal defense attorney as soon as possible to discuss defense strategies that might work given the facts and circumstances of your case. Some common defenses include:

• The property owner gave you permission to return to the property.
• The property owner failed to legally evict you or repossess the property.
• You never reentered the property.
• Your rights were violated and, therefore, evidence should be excluded.

What Should I Do If I Was Arrested and Charged with Illegal Reentry in Las Vegas?

If you were arrested and charged with unlawful reentry in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Like most states, the State of Nevada takes accusations of domestic violence very seriously. A conviction for domestic violence, officially referred to as “battery domestic violence,” carries with it significant judicial and non-judicial penalties. A clear understanding of those potential penalties is crucial if you have been charged with domestic violence in Nevada.

How Does Nevada Define Domestic Violence?

The term “domestic violence” is an umbrella term that covers numerous and varied criminal acts in which the relationship between the perpetrator and victim is a close one. Specifically, NRS 33.018 defines criminal offenses such as battery, assault, sexual assault, and false imprisonment as “domestic violence” if the alleged victim is any of the following:

• Spouse or former spouse
• Any other person to whom the perpetrator is related by blood or marriage
• Any other person with whom the perpetrator has had or is having a dating relationship
• Any other person with whom the perpetrator has a child in common
• The minor child of any of the above-mentioned people
• The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian

What Are the Domestic Violence Penalties in Nevada?

The potential penalties you face if convicted of battery domestic violence (BDV) in Nevada will depend on several important factors, including the injuries suffered by the alleged victim, your criminal history (or lack thereof), and the presence or absence of a weapon during the commission of the crime.

If this is your first domestic violence conviction within the previous seven-year period, and there are no aggravating circumstances, you will likely be charged with misdemeanor BDV which carries a minimum penalty of two days in jail and a maximum of six months in jail along with 48 to 120 hours of community service and a fine of $200 to $1,000. For any domestic violence conviction, the court will likely order you to complete six months to a year of domestic violence counseling as part of your sentence.

A second domestic violence conviction without aggravating circumstances within a seven-year period remains a misdemeanor; however, it increases the penalties to a minimum of 20 days and a maximum of six months in jail, 100 to 200 hours of community service, and a $500 to $1,000 fine. A minimum of 1.5 hours per week of domestic violence counseling will also be ordered.

A third battery domestic violence conviction within a seven-year period dramatically changes the potential penalties. You will be charged with a class B felony which carries one to six years in prison and a fine of $1,000 to $5,000 if convicted. The court cannot sentence you to probation for a felony BDV conviction.

If you knew (or should have known) that the victim was pregnant at the time of the BDV, you will be charged with a gross misdemeanor, the penalty for which is up to 364 days in jail and/or up to a $2,000 fine if convicted. A subsequent offense with a pregnant victim is charged as a class B felony with a potential penalty of one to six years in prison and $1,000 to $5,000 in fines.

Domestic violence involving strangulation that did not cause serious bodily injury and without a weapon involved is charged as a class C felony, carrying a potential prison sentence of one to five years along with a fine of up to $10,000 if convicted.

If you had a deadly weapon during the commission of the crime or the victim sustained “substantial bodily harm” you will be charged with a class B felony. Substantial bodily harm is defined by Nevada law as “bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ OR prolonged physical pain.” If convicted of BDV with substantial bodily injury but without a weapon involved, you may be sentenced to one to six years in prison and a fine of $1,000 to $5,000. If you had a weapon but the victim did not sustain substantial bodily injury, you face two to ten years in prison and up to a $10,000 fine. If a weapon was involved and the victim suffered substantial bodily harm, the potential punishment increases to two to 15 years in prison and up to a $10,000 fine.

What Should I Do If I Am Facing Domestic Violence Accusations in Las Vegas?

If you have been accused of a domestic violence crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Having a criminal record can put you at a significant disadvantage in today’s world, preventing you from getting a job, renting an apartment, and even volunteering at your child’s school. If you have paid your debt to society or were never convicted of the charges, you may be eligible to have your criminal record sealed in the State of Nevada. Understanding the process of record sealing in Nevada is essential to moving forward with a clean slate.

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

When a criminal record is sealed in Nevada the physical record is removed from the record system. Thereafter, access to the record is restricted except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes, or a party authorized pursuant to a court order.

How Long Do I Have to Wait to Seal a Criminal Record?

Like most states that allow records to be sealed, the State of Nevada imposes a waiting period before you can petition to have most criminal records sealed. However, there is no waiting period if the charges were dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges, or you were acquitted of the charges. If any of those scenarios apply, you can petition for sealing of your record immediately. For convictions, the case must first be considered closed, meaning you served your jail/prison time, completed probation, completed any required classes, and paid all fines and costs. After the case is closed, the following waiting periods apply:

• A category A or B felony: 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• A category C or D felony: 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• A category E felony: 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
• Any gross misdemeanor: 7 years from the date of release from actual custody or discharge from probation, whichever occurs later.
• A violation of NRS 484.379 (Driving under the influence) other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony: 7 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.
• Any other misdemeanor: 3 years from the date of release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

Are There Crimes That Are Ineligible for Record Sealing in Nevada?

While Nevada is fairly liberal with criminal record sealing, there are some crimes that are ineligible to be sealed, including:

• Crime against children under 18 years old
• Sex crimes
• Felony charges of drunk driving (DUI) or drugged driving (DUID)
• Invasion of the home with a deadly weapon

What Is the Process for Record Sealing in Nevada?

If you wish to have your criminal record sealed in Nevada, the first step is to get a copy of your criminal history, referred to as a “SCOPE.” This can be obtained from the local law enforcement agency of the city or county in which the conviction was entered or in which you appeared in court. If you have convictions on your criminal history, you will also need copies of the “judgment of conviction and discharge” for each conviction. These can be obtained from the court where the conviction was entered.

Once you have the necessary documents, you will prepare a petition and order to be sent to the District Attorney’s Office within 30 days. If the District Attorney’s Office agrees to stipulate to the sealing of your record, your final step will be to deliver the petition, order, and approval to the appropriate court for the judge’s signature. If the District Attorney’s Office denies your petition, you should be provided with an explanation indicating why your petition was denied. You also have the option to request a hearing to argue for approval of your records seal.

Can Anyone Still See My Criminal Record After It Is Sealed?

If your petition for record sealing is approved, your criminal record will be inaccessible to most people or entities that run a background check; however, the record is still available under certain conditions. State licensing boards, such as the Nevada Gaming Commission, will still be able to access your record as will the prosecuting attorney’s office under certain circumstances. Generally, however, you can legally deny ever having a criminal record after successfully sealing the record.

What Should I Do If I Need Help with Record Sealing in Las Vegas?

If you have a criminal record that you want sealed 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 702-707-3000 or contact us online.

Realizing that you caused the death of another person is traumatic by itself; however, that trauma is exacerbated tenfold if you are also charged with involuntary manslaughter as a result of the death. If you are facing involuntary manslaughter charges in Las Vegas, it is crucial to understand what the prosecution must prove to convict you, what the penalties are if you are convicted, and what defenses might be available to you.

What Is Involuntary Manslaughter?

In the State of Nevada, involuntary manslaughter is governed by NRS 200.070 which defines the offense as “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.” The statute specifically precludes vehicular manslaughter within the definition of involuntary manslaughter.

In layman’s terms, involuntary manslaughter occurs when you unintentionally kill someone while you are committing an unlawful act (of any kind) or while committing a lawful, but negligent, act. For example, setting off illegal fireworks that end up killing a neighbor or firing a (legal) gun on the 4^th of July that ends up killing someone might both be charged as involuntary manslaughter in Las Vegas.

How Is Involuntary Manslaughter Different from Other Offenses?

Like most states, Nevada law allows for several different criminal offenses related to the killing of another person. First-degree murder is the most serious of those crimes, followed by second-degree murder, voluntary manslaughter, and finally, involuntary manslaughter. First-degree murder requires the killing to have been intentional and committed with malice, while second-degree murder is an unintentional killing where the suspect acted so recklessly that death was a foreseeable consequence. Voluntary manslaughter involves an unintentional “heat of passion” killing.

What Are the Potential Penalties for a Manslaughter Conviction?

Involuntary manslaughter is charged as a Class D felony in Nevada. If convicted, you face a potential penalty of one to four years in prison and/or a fine of up to $5,000. It is not uncommon to be charged with a more serious offense that is negotiated down to involuntary manslaughter through plea agreement negotiations.

Are There Defenses to Manslaughter?

Only an experienced criminal defense attorney can evaluate the unique circumstances surrounding your arrest and discuss the best defense strategy for your case; however, both self-defense and accident are common defenses to accusations of involuntary manslaughter. You have a right in the State of Nevada to use reasonable force if you believe that there is an immediate threat of death or serious bodily injury to you or another person. Self-defense can include the killing of another person if the force used is proportionate to the threat. To claim that the killing was a true accident, you must not have committed an illegal act and your actions must not have been negligent.

What Should I Do If I Have Been Accused of Involuntary Manslaughter in Las Vegas?

If you have been accused of involuntary manslaughter in Las Vegas, consult with an experienced Las Vegas involuntary manslaughter attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Despite a concerted effort by the government and advocacy groups to get people to stop driving under the influence, people still get behind the wheel after imbibing alcohol or taking recreational drugs. While this is true everywhere in the United States, it is especially prevalent in Las Vegas. If you have been arrested for driving under the influence (DUI), you need to know what makes DUI a felony in Nevada.

What Constitutes a DUI According to Nevada Law?

Nevada law makes it unlawful to operate a motor vehicle on a public roadway or be in control of a vehicle if 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).

When Is a DUI a Felony in Las Vegas?

Absent aggravating circumstances, a first or second DUI within seven years is charged as a misdemeanor in Nevada. If you are arrested and charged for a third DUI within those seven years, however, you will be charged with a Class B Felony and face a potential term of imprisonment of one to six years along with 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 (at your expense).

Another way that a DUI can be charged as a felony in Las Vegas is if you have a previous felony conviction for driving under the influence. In that case, it does not matter when you were convicted, it just matters that the previous conviction was for a felony DUI. Sentencing for a conviction with a previous felony conviction is the same as for a third DUI within seven years.

A third scenario in which a DUI can be elevated to a Class B felony in Las Vegas is when you cause substantial bodily harm or death during the commission of the offense. If convicted, you could be sentenced to prison for two to 20 years, in addition to a license suspension, required victim impact panel, and installation of an ignition interlock device.

Finally, a DUI can be charged as a Class A Felony in Nevada if you cause the death of another person (vehicular homicide) while driving under the influence, and you have three or more previous convictions for DUI. Again, it does not matter how long ago you were convicted of prior DUIs, only that you have three or more convictions. If convicted of DUI causing vehicular homicide, you will face a sentence of 25 years to life in prison.

What Should I Do If I Am Charged with Felony DUI in Las Vegas?

If you have been charged with felony DUI in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers immediately as there may be defenses available to you that can avoid a DUI conviction that will negatively impact you for many years to come. Call us at 702-707-3000 or contact us online.

If you have been charged with a criminal offense, the most important thing you can do for yourself, and your future is to retain the services of an experienced criminal defense lawyer. It helps to know what to look for when searching for an attorney. With that in mind, consider the following ultimate checklist for finding trustworthy lawyers in Las Vegas.

Practice Area

One of the most important things to consider is whether an attorney has devoted his or her practice to criminal defense. After graduating from law school and passing the Bar examination, an attorney can practice in any area of the law. Just as you do not want a dermatologist to treat a heart problem, however, you do not want an attorney who focuses on family law cases to represent you in a criminal prosecution. Look for an attorney who has chosen to practice solely or at least predominantly criminal law to ensure that your attorney has the experience and dedication necessary to successfully defend you.

Experience

When it comes to representing you in a criminal case, there is no substitute for experience. Look for an attorney who has significant experience defending people in criminal prosecutions. Ideally, you want an attorney who has experience defending people charged with the same or similar crimes as you. For instance, if you have been charged with DUI, you want an attorney who has handled numerous DUI cases.

Referrals

Often, the best way to find a criminal defense attorney is to ask friends, family members, or colleagues for a referral. There is a good chance that someone you know has needed the services of a criminal defense attorney at some point. Getting a first-hand referral from someone who has been through a similar experience can be invaluable.

Relationships

Search for an attorney who is local and practices in the court system where your case is being handled. People sometimes make the mistake of bringing in an attorney from another area because they are a friend or because they are a big name; however, doing this underestimates the value of the relationships that a local attorney has nurtured. An attorney who works in the court system on a regular basis has developed valuable relationships with law enforcement officers, prosecutors, and court staff.

Reviews

While it is never a good idea to rely entirely on the information you find on the internet when hiring an attorney, it can help to read through reviews to hear what others have to say about a prospective lawyer. Many lawyers in Las Vegas have testimonials on their websites from former clients that can provide valuable insight into how a lawyer interacts with and defends clients.

Strategy

When you have narrowed down your search to a select few options, schedule consultations with those lawyers in Las Vegas to discuss the specifics of your case. Ask them what defense strategies they plan to employ if you hire them to represent you. Do not be shy about asking questions. This is your chance to find out how a lawyer will help you avoid a conviction. If you feel that a conviction is inevitable, ask the attorney what terms they believe they can negotiate for you in a guilty plea agreement. Keep in mind that an attorney cannot promise you an outcome; however, they can tell you what they think will likely happen based on their experience and the facts as you present them.

What Should I Do If I Was Arrested and Charged with a Criminal Offense in Las Vegas?

If you were arrested and charged with a crime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.