If you are arrested for driving under the influence in Nevada, you will be asked to perform a chemical test when you arrive at the jail or police station. The results of that test may be used against you in court as evidence that you were under the influence of drugs or alcohol while driving. While you can refuse to submit to a test, Nevada’s implied consent law imposes penalties of which you should be aware. To help ensure that you understand the legal implications of refusing a chemical test during a DUI arrest, The Las Vegas Lawyers explain Nevada’s implied consent law.

Nevada Implied Consent Law

In recent decades, most states have enacted an implied consent law as part of a nationwide effort to crack down on drunk driving. Governed by NRS 484C.160, Nevada’s implied consent law reads as follows:

“Except as otherwise provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present, if such a test is administered at the request of a police officer having reasonable grounds to believe that the person to be tested was:

• Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine; or
• Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430.”

What the law means, in simple terms, is that if you drive a vehicle on a public roadway in Nevada, you have given your consent to submit to a test (blood, urine, or breath) to check for the presence of alcohol or other substances in your system.

Why Might the Police Make Me Take a Blood Test?

The implied consent law covers blood, urine, and breath testing if a police officer has reasonable grounds to believe you are under the influence of alcohol or drugs. While urine tests were once widely used to check for the presence of alcohol and drugs, most law enforcement agencies now use breath tests because they are more reliable and easier to administer. A blood test is the most invasive type of test used to test for alcohol in your system, which is why they are usually only used when a breath test is not an option, such as when a suspect is unconscious. Blood tests may also be used to test for the presence of a controlled substance in your system, because a breath test can only detect alcohol. Finally, a warrant may be issued to conduct a blood test if you refuse to perform a breath test.

What Happens If I Refuse to Take a Breath Test?

If you refuse to perform a breath test, you could be ordered to submit to a blood test if a warrant for a blood draw is requested and approved. Regardless of whether a blood test is administered, there are consequences associated with refusing a breath test. Your driving privileges will be administratively suspended for one year for refusing a breath test. This suspension applies even if a blood test shows no drugs or alcohol in your system. It also applies without regard to what happens in the underlying DUI case. For example, if your DUI case goes to trial, and you are acquitted, the one-year license suspension remains in effect. If you are convicted of the underlying DUI charge, the one-year suspension for refusing a breath test can be in addition to any suspension ordered by the judge as part of your sentence.

Can I Contest a DUI Refusal Suspension?

There are an infinite number of scenarios that might cause a suspect to be unable to perform a breath test that does not involve an intentional refusal. Medical conditions, stress or anxiety, and malfunctioning machines are just a few conditions that could lead to a suspect’s inability to perform the test. If you have been accused of a violation of the implied consent law, but do not believe that you violated the law, you can contest the violation and the correlating license suspension. You only have seven days, however, from the date of your arrest to request a hearing with the Department of Motor Vehicles. Finally, it is important to know that if you refuse a breath test, the prosecution can bring up your refusal at trial as evidence of your guilt.

What Should I Do If I Violated the Implied Consent Law in Las Vegas?

If you have been charged with a violation of the Nevada implied consent law, 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.

A criminal record can impact almost any aspect of your life, including employment, housing, education, and even your personal life. Although the past cannot be undone, there may be a way to secure a clean slate by sealing your criminal record. If you believe you are eligible to have your record sealed, it helps you to know the Nevada record sealing timeline. If you have questions about your eligibility for record sealing in Nevada, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

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

In the past, a person’s criminal history was more difficult to access, requiring in-person visits to government offices or written requests. Today, however, that same information can be obtained online in moments, often complicating job searches, housing applications, and even social relationships. Understandably, that has increased the interest in the ability to seal or expunge criminal records.

In Nevada, sealing your criminal history does not completely erase the record; however, it does make the record invisible to the general public. Once sealed, your criminal records are removed from public view and law enforcement databases used in routine background checks. Certain entities still retain access to a “sealed” record, such as the Nevada Gaming Commission, prosecutors under limited circumstances, licensing boards, and parties with court-ordered permission.

Are All Convictions Eligible for Sealing in Nevada?

Unlike many other states that limit eligibility to only low-level offenses, Nevada allows for a wide range of convictions to be sealed. Nonetheless, some offenses remain ineligible due to their serious nature. Crimes that cannot be sealed in Nevada include:

• Offenses involving minors under the age of 18
• Sexual offenses
• Felony DUI or drug-impaired driving convictions
• Home invasion involving a deadly weapon

If your conviction does not fall into these categories, you may be eligible to petition the court to have your record sealed.

What Is the Nevada Record Sealing Timeline?

If you have a criminal record that is adversely affecting your life, you undoubtedly want it sealed as soon as possible. When the Nevada record sealing timeline starts and how long the process will take depends on several factors.

If you were arrested but never convicted, you may request to have those records sealed without waiting, meaning the timeline for sealing can begin immediately.  If you were convicted of a crime, however, you must first complete all elements of your sentence, which includes serving jail or prison time, completing probation or parole, and fulfilling all court-imposed conditions such as community service or restitution. Additionally, you must pay all fines, fees, and court costs before a mandatory waiting period begins. The length of this waiting period depends on the classification of the conviction and begins after your release from custody or your discharge from parole or probation, whichever comes last. The applicable waiting periods are as follows:

• Class A or B Felonies: 15 Years
• Class C or D Felonies: 12 Years
• Class E Felonies: 10 Years
• Gross Misdemeanors: 7 Years
• Other Misdemeanors: 3 Years

Once the required waiting period has expired, there are several steps you must take to get your record sealed in Nevada. The process begins by obtaining a Shared Computer Operations for Protection and Enforcement Report (SCOPE) from the applicable law enforcement agency. You will also need a copy of the Judgment of Conviction and Discharge to prove when the case was closed.  Once you have the necessary documents, you can prepare your petition and seek approval from the District Attorney’s office. Only after completing these preliminary steps will you file the petition with the court having jurisdiction. If the judge approves your request to seal your criminal record, you must then distribute the signed copies to all relative law enforcement agencies. According to the Nevada State Police, it typically takes two to four months after receipt of the signed Order for your record to officially be removed.

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

If you need assistance getting your criminal record sealed in Law Vegas, consult with a Law Vegas record sealing attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

If you are facing a first-time domestic violence charge in Nevada, you are likely feeling frightened and overwhelmed given that even a first-time conviction can result in serious consequences. The prospect of navigating an unfamiliar legal system can acerbate those feelings which is why it is essential to know what to expect as the defendant in a Nevada domestic violence case. If you have specific questions or concerns, contact a Las Vegas domestic violence attorney at The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

How Is Domestic Violence Defined in Nevada?

Officially referred to as “battery domestic violence (BDV)” in the State of Nevada, the crime of domestic violence is governed by NRS 33.018 which explains that domestic violence may refer to numerous different crimes, including battery, assault, sexual battery, and stalking based on the relationship between the parties. Specifically, you could be charged with BDV if the alleged victim is:

• A spouse or ex-spouse.
• A blood relative or relative by marriage.
• A current or former dating partner.
• A person with whom you share a child.
• A minor child of any of the above.
• Your minor child or a child you are legally responsible for as a guardian.

What Happens after a Domestic Violence Arrest in Las Vegas?

Being arrested and accused of committing a crime is never a pleasant experience. On the contrary, it can be downright frightening, particularly if you do not know anything about how the criminal justice system works.

During the timeframe immediately following your arrest, you will be transported to the jail and “booked” into the facility. That process usually entails taking your photograph, making a copy of your fingerprints, and getting basic information from you that may be used to set your bail amount. Your belongings (purse, wallet, jewelry etc.) will also be taken and inventoried during this process. An initial bail amount will be established at this time and if you, or a loved one, are able to post bail, you will be released from custody. If you cannot post bail, you will have an opportunity to try and get bail reduced at your arraignment, which must be held within 72 hours of your arrest.

Your arraignment is the first court appearance in a criminal case. At the arraignment, the judge will explain the charges filed against you, read your rights to you, enter a preliminary plea of not guilty on your behalf, and ask you whether you have hired an attorney. If you remain in custody, the judge may also review bail at this time. The judge will likely issue a “no-contact” order at your initial hearing. This order prohibits you from having contact, of any type, with the alleged victim in the case. It is crucial that you abide by this order because a violation of the no-contact order can result in additional criminal charges being filed against you. It is also imperative that you not discuss your case with anyone other than your attorney at any time. This includes cellmates while you are in jail, the prosecutor during a court appearance, and even the alleged victim if you are released.

After your arraignment, the State will be required to provide “discovery” to your attorney, referring to the evidence the State plans to use against you at trial. This may include physical evidence, witness lists, statements, and test results. You and your attorney will review that evidence and decide whether it is in your best interest to negotiate a guilty plea agreement or take the case to trial. If your case goes to trial, there may be several “pre-trial conferences” held in court before the actual trial. These are opportunities to address evidentiary issues or pre-trial motions filed by either side. If you accept a plea agreement, you will make a final appearance in court to formally plead guilty and accept your sentence. If you go to trial, either a judge or a jury will decide the issue of guilt.

Contact A Las Vegas Domestic Violence Attorney at The Vegas Lawyers

If you are facing a first-time domestic violence charge in Nevada, it is in your best interests to have an experienced attorney on your side throughout the prosecution of your case. Contact the Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Being arrested and charged with committing a criminal offense can be a frightening experience, particularly if it is your first time. You may even be tempted to just plead guilty if it means that your case is over, and you do not have to spend any more time in jail. Before you make any decisions about your case, make sure that you fully understand the numerous and varied consequences of having a criminal record.

Judicial vs. Non-Judicial Consequences

Most people understand that there are potential judicial consequences of a criminal conviction. These are terms included in your sentence following a guilty verdict or plea and include things such as a term of imprisonment, a period of probation, fines, restitution, and mandatory evaluations or classes. What many people do not think about are the non-judicial consequences of having a criminal conviction; however, those consequences can be every bit as serious as the judicial ones.

Employment Consequences of Having a Criminal Record

A criminal conviction can directly and immediately impact your current employment as well as future employment prospects. Many employers conduct criminal background checks and a conviction, particularly a felony conviction, can be an automatic disqualification for employment.

Housing Consequences of Having a Criminal Record

Landlords, like employers, typically conduct a background check on prospective tenants. If you are applying for public housing, a criminal conviction may ban you from renting, especially if the conviction is drug-related or for a violent felony. Private landlords have more discretion; however, they are often hesitant to rent to tenants who have a criminal history.

Education Consequences of Having a Criminal Record

Another potential consequence of having a criminal record is losing eligibility for federal financial aid for higher education. If you plan to pursue a college education and will rely (or are relying) on federal financial aid, a drug-related felony conviction can disqualify you from receiving federal grants and loans.

Loss of Civil Rights

A felony conviction can cause you to lose some of your civil rights – rights that you are likely to take for granted, such as the right to vote, the ability to serve on a jury, and the right to own or possess a firearm. In fact, you can lose your right to own a firearm if you are convicted of a domestic violence misdemeanor. Nevada is one of several states that have passed legislation in recent years aimed at restoring civil rights to individuals who have lost them because of a criminal conviction; however, you should still consider the loss of civil rights as a possible consequence of having a criminal record.

Divorce and Child Custody

Divorce is rarely a pleasant process; however, a divorce can get particularly contentious when custody of minor children is involved. If you find yourself in a custody battle, expect your criminal record to be introduced. If your record involves drug-related offenses, domestic violence, abuse of a child, or any violent crime, your record could directly affect your chances of gaining custody of your child or even being granted visitation with your child(ren).

Aggravating Future Convictions

If you are currently being prosecuted for a criminal offense, and this is your first experience as a defendant, you are likely convinced it will be your last experience as well. Hopefully, you are correct; however, if you are arrested again in the future, a previous conviction could be grounds for charging you with a more serious offense and/or increasing the severity of your sentence for a future conviction.

What Should I Do If I Have Questions About the Consequences of Having a Criminal Record?

If you have been charged with a criminal offense in Las Vegas and you have additional questions about the consequences of having a criminal record, 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 702-707-3000 or contact us online.

If you recently received a traffic ticket in Las Vegas, you may be wondering whether to just pay the fine indicated on the ticket or hire a lawyer to help you. While it may seem simpler to just pay the fine, you may not be taking into account all the possible negative repercussions of doing so. Before you decide how to handle your traffic ticket, consider some of the numerous reasons to hire a Las Vegas traffic ticket lawyer first.

A Las Vegas Traffic Ticket Lawyer Can Help You Understand Your Ticket

Under Nevada State laws, the traffic ticket you were issued may be classified as a civil infraction or a criminal misdemeanor. Understanding the difference between the two is crucial, as is understanding which one you were issued during the traffic stop.  A civil infraction, as the name implies, is a civil matter, meaning you do not face criminal penalties, such as jail time. If you admit the violation or are found guilty at a trial, your penalty will be in the form of a monetary fine (usually not more than $500) and points will be assessed against your license.  

If you were issued a ticket for an offense that is classified as a criminal misdemeanor, however, you face up to six months in jail and/or a fine of up to $1,000. To make an informed decision about how to proceed, you need to understand what you were charged with and what all the ramifications are if you are convicted. Consulting with an experienced Las Vegas traffic ticket lawyer is the best way to ensure that you understand your situation and the possible outcomes.

A Las Vegas Traffic Ticket Lawyer Can Contest Your Ticket

Being issued a traffic ticket means you have been accused of committing a traffic infraction or a criminal misdemeanor. It does not mean you have already been convicted! You have a right to contest an infraction or plead not guilty to a criminal misdemeanor. The procedures for doing so, however, are different. For a civil infraction, you must inform the court of your intention to contest the ticket and post a bond. For a criminal misdemeanor, a court date will be scheduled at which time you will enter a plea of not guilty. Further court dates will be scheduled once you have formally contested the ticket. 

Following the correct procedures and adhering to statutory timelines are crucial to preserving your right to contest a ticket. Instead of trying to navigate an unfamiliar legal system, let an experienced Las Vegas traffic ticket lawyer be your guide. Your attorney will ensure compliance with all legal procedures and prepare and present your defense strategy at trial.

A Las Vegas Traffic Ticket Lawyer Can Explain and Negotiate Your Options

One of the most important reasons to hire a Las Vegas traffic ticket lawyer is to ensure that you are aware of your options and the possibility of negotiating the terms of an admission of guilt. For example, if you were charged with speeding as a criminal misdemeanor (over 30 m.p.h. above the posted speed limit), your attorney may be able to negotiate an agreement whereby you admit to speeding as a civil infraction (less than 30 m.p.h. above the posted speed limit) instead of a criminal misdemeanor. 

As you may well imagine, the benefits of reducing a criminal misdemeanor down to a civil infraction are many, including removing the possibility of being sentenced to serving time in jail and avoiding a conviction on your criminal history.

What Should I Do If I Was Issued a Traffic Ticket in Las Vegas?

If you were issued a traffic ticket in Las Vegas, consult with the experienced Las Vegas traffic ticket attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Although allegations of domestic violence were once considered a “private family matter” and routinely ignored by law enforcement, they are now treated very seriously. A conviction for domestic violence can lead to a term of imprisonment, hefty fines, the loss of civil rights, and the loss of current and future employment opportunities. Being falsely accused of domestic violence can be a life-altering, devastating experience. If you are facing false accusations of domestic violence in Las Vegas, it is crucial to know that an experienced criminal defense attorney can help you successfully fight the accusations made against you.

Understanding Nevada’s Domestic Violence Laws

Under Nevada law, battery is charged as battery domestic violence (BDV) when the alleged victim of a battery has a special relationship with the alleged perpetrator, such as husband and wife or sister and brother. BDV can be charged as a misdemeanor or a felony, depending on the circumstances and whether you have a previous conviction for BVD. Along with the potential judicial consequences of a conviction (jail time, fines, probation), you may also face non-judicial consequences if convicted of BVD, including the loss of employment, the loss of your right to own a firearm, and the loss of unimpeded parenting time if you have minor children.

The Alleged Victim Cannot “Drop the Case”

A common misperception in domestic violence cases is that the easiest way to resolve the case is to have the alleged victim “drop the case.” That is not how the judicial system works. Once the State of Nevada has filed charges against you, only the State of Nevada (through the prosecutor’s office) can dismiss those charges. That is not to say that the alleged victim has no input regarding how the case proceeds; however, he/she does not have the legal authority to dismiss the charges against you.

Common Defense Strategies for False Accusations of Domestic Violence

Unfortunately, the (much-needed) efforts to get law enforcement and the judicial system to take accusations of domestic violence seriously means that false accusations are also taken seriously. The good news is that you have every right to defend yourself against false accusations with the help of an experienced criminal defense attorney. The strategy that you and your attorney employ will depend on the unique facts and circumstances of your case, but may include:

·  Alibi evidence: If you are claiming that you were not even with the alleged victim at the time the alleged battery occurred, you might introduce “alibi” evidence proving that claim.

·  Witness statements/testimony: When the alleged battery happened around other people, you might get witnesses to testify that you never touched the alleged victim or that he/she was the aggressor, and you were only defending yourself.

·  Challenging physical evidence: Sometimes, an alleged victim claims injuries that cannot be proven or use questionable evidence to support the injury claim. Your attorney may challenge the existence and/or reliability of that evidence.

·  Providing exculpatory evidence: The prosecution will try and introduce incriminating evidence while your attorney may introduce “exculpatory” evidence. This includes anything that helps rebut the State’s allegations, such as evidence showing injuries you suffered during the incident or evidence proving that the alleged victim received the injuries in another way or at another time.

·  Questioning the alleged victim’s credibility: This defense strategy must be used carefully because blaming the victim is not always well-received by a judge or jury. Nevertheless, if the alleged victim has a history of violence, or has made similar false claims in the past, your attorney may decide to challenge his/her credibility.

The Importance of Abiding by Pre-Trial Court Orders

While it does not fall into the category of “defense strategies,” abiding by the pre-trial court orders is a crucial component of a winning defense in a domestic violence prosecution. Typically, the court issues a no-contact order, or limits contact between the defendant and the alleged victim in a BDV case while the case is pending. Do not violate court orders. Not only could you end up back in jail with additional charges filed against you, but it can result in the judge questioning your character and credibility, which can weaken any defense strategy your criminal defense attorney plans to use.

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

If you are facing false accusations of domestic violence 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 702-707-3000 or contact us online.

In the 21^st century, having a criminal record can negatively impact everything from job opportunities to housing options. The good news is that if your criminal history is from Nevada, you may be eligible to have your records sealed. This blog will discuss the process to get a record sealed.

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

A common misconception is that “sealing” a criminal record results in the complete destruction and erasure of the record. “Sealing” a record, however, does not completely erase the record. Instead, a “sealed” record is physically removed from the record system, making it unavailable to the general public. Consequently, a prospective employer or landlord will not see the record if they conduct a criminal background check. The record does remain accessible, however, to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in the Nevada Revised Statutes, or a party authorized pursuant to a court order.

Who Is Eligible to Have a Criminal Record Sealed in Nevada?

Fortunately, for anyone wishing to seal the record of a criminal conviction, the State of Nevada allows most records to be sealed if the relevant waiting period has expired. The waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.  The waiting periods are as follows:

·  Category A felony, 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

Certain offenses are never eligible for record sealing, including sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067 (home invasion), and felony DUI.

How Do I Get My Record Sealed in Nevada?

Although there are state-level requirements for eligibility to have a criminal record sealed, each county implements its own procedures for petitioning to have a record sealed. In Clark County (Las Vegas), the typical steps required in the process to get your criminal record sealed include:

1. Obtain a SCOPE Report: A Shared Computer Operations for Protection and Enforcement (SCOPE) report serves as a verified copy of your criminal history from the law enforcement agency that arrested you. If you were arrested by Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report. If your record is from another jurisdiction, you must contact that law enforcement agency directly to obtain a SCOPE report.

2. Obtain Judgement of Conviction and Discharge:  For each criminal conviction, you also need a copy of the “Judgment of Conviction and Discharge” showing when the case was “closed” to determine when the applicable waiting period began. In Las Vegas, this can be secured from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155.

3. Find Your Court: Information contained in the SCOPE report(s) will tell you in which court(s) you need to file your petition. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court. If you have records in multiple jurisdictions, you will need to file with the District Court.

4. Prepare Your Documents: You must file a Petition, Affidavit, and proposed Order with the appropriate Court. The Petition must include:

·  All your arrests

·  The police agency or agencies that arrested you

·  The date of the arrest(s)

·  The criminal charge(s)

·  The final disposition of each arrest (conviction, acquittal, or dismissal).

·  All the agencies that have copies of your criminal record

5. Send Documents to District Attorney’s Office: All documents must be delivered to the Clark County District Attorney’s Office. The goal is to get the D.A.’s office to stipulate to the sealing of the record(s) by signing the Order. You will be notified by telephone or mail when the Petition and Order are ready to be picked up.

6. Deliver Documents to Court: Once you have the signed Order to seal the record(s), you must take all the documents to the appropriate Court. The judge will review the documents and (typically) sign off since the D.A. has already done so.

7. Distribute Copies: It is your responsibility to distribute signed copies of the Order to all law enforcement agencies that have a criminal record for you. The agency is then required to remove (seal) the record in their database.

What Should I Do If I Have Questions About the Process to Get a Record Sealed in Las Vegas?

If you have additional questions about the process of getting a record sealed in Las Vegas, consult with the experienced criminal defense attorneys 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 have been charged with driving under the influence (DUI) in Nevada, you likely performed a chemical “breath test” during your arrest. If so, the results of that test, referred to as your “BAC level,” may be introduced as evidence by the prosecution during a trial. As a defendant in a DUI case, it is important to understand what the relevant BAC level is for a DUI charge in Nevada.

What Is a “BAC” Level?

If a law enforcement officer finds probable cause to arrest a motorist for driving under the influence, the motorist is typically asked to submit to a chemical breath test after arriving at the jail or police station. The test requires the arrestee to blow into a tube connected to a machine that analyzes the individual’s breath for the presence of alcohol. If alcohol (ethyl alcohol or ethanol) is detected in the sample, a Blood Alcohol Concentration (BAC) number is provided, indicating the percentage of alcohol in the individual’s blood. For example, a BAC of 0.10 percent means that an individual’s blood supply contains one part alcohol for every 1000 parts of blood.

Nevada DUI Laws

The State of Nevada, like all states, has laws in place making it illegal to operate a vehicle while “under the influence.” Specifically, NRS § 484C.110 makes it illegal to operate a motor vehicle:

•            While impaired by drugs or alcohol.

•            With a blood alcohol content (BAC) of 0.08% or higher.

•            While under the influence of a controlled substance.

For most drivers, this law means that there is a presumption of intoxication if the results of a chemical breath test are 0.08 percent or higher.

Although the relevant BAC level for DUI is 0.08 percent for the majority of drivers in Nevada, certain drivers are held to different standards, including commercial drivers and drivers under the age of 21 years old. Under NRS 484C.120 the relevant BAC level is 0.04 percent for anyone operating a commercial motor vehicle. Nevada also has a “zero tolerance” law for motorists who are under the legal drinking age (21). Under Nevada’s zero-tolerance law, an underage driver can be arrested and charged with DUI with a BAC level of just 0.20 percent.

Can I Be Convicted of DUI with a BAC Below 0.08?

While it is important to understand the significance of a BAC level for anyone who is facing DUI charges in Nevada, it is equally important to understand that you can be charged and convicted of driving under the influence without a BAC level above 0.08 percent (or the relevant level). Pursuant to NRS § 484C.110, having a BAC of 0.08 percent or higher is just one of three ways you can be charged with DUI. Notably, that statute also makes it illegal to operate a motor vehicle “while impaired by drugs or alcohol.” While the presumption created by a BAC level above 0.08 percent makes it easier for the prosecution to secure a conviction, it is possible to be convicted without that presumption.

Do I Have a Defense If My BAC Was Above 0.08 Percent?

Just as it is possible to be convicted of DUI in Nevada without a BAC level above 0.08 percent, it is also possible to avoid a conviction even with a BAC level above 0.08 percent. A skilled DUI defense attorney may employ any of several common defense strategies to prevent a conviction if your BAC level was over the limit, such as:

·  Challenging the test results: Your attorney may argue that the machine was not properly calibrated or that a medical condition impacted the test results.

·  Challenging the test procedures: The test operator may not have followed the proper procedures when administering the test.

·  Rising BAC: If you consumed alcohol right before driving, your BAC level may have been lower when you were driving than when you performed the test, meaning you did not have the requisite BAC level for a DUI conviction.

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

If you have been 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 702-707-3000 or contact us online.

If you were recently arrested and charged with driving under the influence (DUI) in Nevada for the first time, you may be wondering whether you need to hire an attorney to represent you. You may be tempted to “go it alone” to avoid the cost of legal representation; however, doing so could be a costly mistake because even a first-time conviction can have significant legal and personal consequences. A better understanding of the benefits of hiring a first-offense DUI attorney ensures that you make an informed decision.

Understanding Nevada DUI Laws

Driving under the influence is governed by NRS § 484C.110 which makes it illegal to operate a motor vehicle:

•            While impaired by drugs or alcohol.

•            With a blood alcohol content (BAC) of 0.08% or higher.

•            While under the influence of a controlled substance.

In the absence of aggravating circumstances, such as an accident that caused serious bodily injury, a first-time DUI is charged as a misdemeanor in Nevada. Conviction of a misdemeanor DUI in Law Vegas subjects you to a potential jail sentence of up to one year, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs.

A Nevada DUI Attorney May Be Able to Prevent a Conviction

A common mistake people make when they are charged with DUI is assuming that they will be convicted. In fact, being charged with DUI is not the same as being convicted. Having an experienced DUI defense attorney on your side is the key to avoiding a conviction when possible. While each case is unique, common defense strategies that a DUI defense attorney might use to prevent a conviction include:

•            Challenging the stop. Contrary to popular belief, a law enforcement officer must have a valid reason to stop your vehicle.

•            Challenging the breath test results. Test results might be inaccurate because the machine was not properly calculated, the test administrator was not properly trained, or you have a medical condition that skewed the results.

•            Rising BAC: Because of the way your body metabolizes alcohol, your test results could be artificially high if you consumed alcohol right before getting behind the wheel of your vehicle.

•            Procedural issues. Law enforcement officers are human, meaning they make mistakes. If a mistake amounts to a violation of your constitutional rights or taints evidence, it may lead to evidence being excluded, meaning the prosecutor cannot use it against you.

A Nevada DUI Attorney Can Negotiate a Favorable Plea Agreement

While a conviction should never be thought of as a foregone conclusion, there are times when a conviction cannot be avoided. When that is the case, is remains beneficial to have an experienced Las Vegas DUI attorney advocating for you during the guilty plea negotiations. Your attorney will ensure that the plea agreement you enter into is as favorable to you as possible which may mean the difference between spending time in jail or only time on probation.

A Nevada DUI Attorney Offers Peace of Mind

For many people, the most important reason to hire an attorney when facing DUI charges is the peace of mind an attorney provides. If this is your first DUI arrest, you are likely unfamiliar with the criminal justice system. Having an experienced attorney by your side to explain the law and procedure to you as well as answer questions throughout the prosecution of your case can be invaluable.

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

If you have been charged with a first-time 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 702-707-3000 or contact us online.

Despite having the best of intentions, you may inadvertently write a “bad” check at some point in your life that could result in criminal charges being filed against you in Nevada. If that happens, it is important to know your rights and to understand the crucial role that an experienced bad checks defense lawyer can play in the prosecution of your case.

What Constitutes a “Bad” Check in Nevada?

In the State of Nevada, NRS 205.132 governs “bad” checks, or checks that are returned for non-sufficient funds. Unlike most criminal statutes, the check fraud statute creates a presumption to defraud if you write a check or draft that is returned for insufficient funds and any of the following exist:

• The instrument is drawn on a purported account that does not exist.
• Payment of the instrument is refused by the drawee when it is presented in the usual course of business, unless within 5 days after receiving notice of this fact from the drawee or the holder, the drawer pays the holder of the instrument the full amount due plus any handling charges.
• Notice of refusal of payment, sent to the drawer by registered or certified mail at an address printed or written on the instrument, is returned because of non-delivery.

Note that under the law, casino markers are treated the same as bad checks in the State of Nevada, meaning you could be charged with check fraud for failing to pay casino markers within the time allotted.

What Are the Potential Penalties for a Conviction for Check Fraud in Nevada?

Check fraud is charged as a misdemeanor if the amount involved is less than $1,200, and you have no previous convictions for check fraud. If the amount in question is $1,200 or more, or you have been convicted for check fraud (or a similar offense) three or more times, you can be charged with a Class D felony.

A conviction for misdemeanor check fraud in Nevada carries a potential punishment of up to six months in jail and/or a fine of up to $1,000. If you are charged and convicted of a Class D felony for writing bad checks (or several checks totaling $1,200 or more within 90 days), you face a term of imprisonment of one to four years and/or a fine of up to $5,000.

You may also be ordered to pay restitution if convicted of check fraud. Restitution is paid to the victim in a criminal prosecution. In the case of a bad check, restitution typically requires the defendant to pay the amount of the check.

How Can a Bad Checks Defense Lawyer Help Me?

If you are facing check fraud charges in Nevada, it is important to understand that you have rights and you may have a viable defense. An experienced Nevada bad checks defense lawyer can review the facts and circumstances of your case and discuss your rights and legal options with you. The defense strategy employed in your case will depend on a variety of factors; however, common defenses that can rebut the presumption of an intent to defraud include proving that your identity was stolen (you did not pass the check), payment of the check within the statutory time frame, and incapacity. Your attorney may also be able to negotiate an agreement that avoids a conviction if you can repay the amount of the check plus administrative costs.

What Should I Do If I Have Been Charged with Writing a Bad Check in Las Vegas?

If you have been charged with writing a bad check in Las Vegas, consult with an experienced Nevada bad checks defense 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.