Restraining orders, formally referred to as “protective orders,” are intended to serve as a legal tool that protects individuals who have been threatened, harassed, or abused by an intimate partner or family member. A Nevada restraining order can be easily obtained, however, and may be based on false or misleading allegations. If you have been served with a restraining order or accused of violating one in Nevada, it is crucial to understand your legal options.

What Types of Restraining Orders Are Available in Nevada?

In Nevada, there are two broad types of restraining orders. A Temporary Protective Order (TPO) can only remain in effect for up to 45 days while an Extended Protective Order (EPO) remains in effect for up to two years. A TPO may be requested based on any of the following:

·  Stalking and Harassment (NRS 200.571)

·  Harm to Minors (NRS 33.400)

·  Sexual Assault (NRS 200.378)

·  Harassment in the Workplace (NRS 33.200)

The most common type of restraining order sought by an alleged victim is based on stalking or harassment. In Nevada, harassment is defined as a threat to cause bodily injury, property damage, restrain someone, or substantially harm the mental or physical health of another, along with the reasonable fear that the person will carry out their threat. Stalking is defined as “willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.”

What Is a Temporary Protective Order?

A Temporary Protective Order (TPO) is relatively easy to obtain in Las Vegas. An alleged victim can petition the court, and the judge can grant a TPO, without the accused being present or even having knowledge of the petition. This is referred to as an ex parte Order, meaning it is granted without the knowledge or input of one of the parties. If the judge does grant a TPO, the Order may remain in effect for up to 45 days, during which time an attempt will be made to locate and serve the Respondent (accused) with a copy of the Petition.

What Is an Extended Protective Order?

An Extended Protective Order (EPO) may be obtained by requesting a hearing aimed at extending a TPO. The Respondent must be served with a copy of the Petition and a Summons letting them know about the scheduled hearing. At the hearing, both the Petitioner and the Respondent will have the opportunity to present evidence and testimony. If the judge is convinced that the Petitioner needs protection, an EPO will be granted lasting up to two years.

What Happens If a Nevada Restraining Order Is Granted?

If you are the Respondent in a Nevada restraining order, the Order may prevent you from doing a variety of things, including:

·  Entering your home (regardless of who owns or rents the property)

·  Contacting the Petitioner

·  Entering the Petitioner’s workplace or school

·  Purchasing a firearm

·  Taking your children outside the jurisdiction

If the court issues an Extended Protective Order, issues regarding your children, including custody and child support, may be covered as well.

What Are the Penalties for Violating a Nevada Protective Order?

If you are the Respondent in a Nevada Temporary Protective Order (TPO) it is essential to understand the conditions and prohibitions in the Order are just that – court orders. A violation of a TPO or EPO is a criminal offense, punishable by up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violation of a restraining order is punishable by up to 364 days in jail and/or a fine of up to $2,000 with subsequent violations potentially resulting in a term of imprisonment of up to five years and/or a $5,000 fine.

If you violate an Extended Protective Order (EPO) you face even harsher potential penalties. Violation of an EPO may be charged as a Class C Felony, punishable by up to five years in prison and/or up to a $10,000 fine.

How Can an Attorney Help Me with a Restraining Order in Nevada?

If you are served with a Petition for a Protective Order, you have a right to defend yourself against the allegations made in the Petition. An experienced Las Vegas criminal defense attorney can discuss the allegations made in the Petition and explain your legal options.

If you have been charged with violating a TPO or EPO, it is in your best interest to consult with an experienced criminal defense attorney right away because you are facing the possibility of a criminal conviction that could result in a jail or prison sentence.

What Should I Do If I Need Help with a Restraining Order in Nevada?

If you have been served with a Petition for a restraining order or you have been charged with violating a TPO or EPO, 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.

Despite concerted efforts by government agencies and private advocacy groups to warn about the dangers of drinking and driving, drunk driving crashes kill an average of 37 people each day throughout the U.S.  Like other states, Nevada has enacted laws aimed at preventing motorists from driving while under the influence and punishing those who do drive while under the influence. If you are arrested for driving under the influence (DUI) in Las Vegas, you should understand the importance of your blood alcohol level for DUI.

What Does Your Blood Alcohol Content Level Mean?

During a traffic stop, a law enforcement officer may find that there is probable cause to arrest the motorist on suspicion of driving under the influence (DUI). Once the individual arrives at the jail or station, they may be asked to perform a chemical breath test to check for the presence of alcohol in their system. If the test is positive, the results will provide a Blood Alcohol Concentration (BAC) number which refers to 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 blood. A BAC level can also be ascertained through a blood draw; however, because that is a more invasive method of testing for BAC, a breath test is typically used.

BAC level is used as one way to determine if a motorist is operating a motor vehicle while under the influence of alcohol in violation of the law. On a more practical level, it is important to understand how and when you are likely to exceed the relevant BAC level. If you consume more alcohol than your body can process, the alcohol will be stored in your blood and tissue and cause impairment. As a general rule, most people can consume one standard drink per hour; however, numerous factors can impact that, including your age, weight, sex, medical conditions, and the presence or absence of food in your system.

How Does BAC Affect Me?

Your BAC level will directly impact your physical and cognitive abilities. According to Healthline, symptoms of impairment at various BAC levels include:

·  0.02 — muscle relaxation, altered mood, decline in visual function, loss of judgment

·  0.05 — reduced coordination, lowered reaction time, impaired judgment

·  0.08 — motor function decline, impaired perception, reduced cognitive processing speed

·  0.10 — noticeable lack of reaction time, slowed thinking, poor coordination

·  0.15 — major loss of motor control, severe attention and reaction deficits

Although various factors will impact how you react at any given BAC level, it helps to remember that the higher your BAC level, the more likely it is that you will exhibit behaviors likely to provide the probable cause needed to arrest your for DUI.

Nevada DUI Law: What Is the Legal BAC Level?

In Nevada, NRS § 484C.110 governs driving under the influence (DUI), making 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 the average driver, this means that the “legal limit” is 0.08, but the limit can be lower for some drivers. Commercial drivers and drivers under the age of 21, for example, are held to higher standards when it comes to drinking and driving. Nevada law sets the blood alcohol level for DUI at 0.04 percent while Nevada’s “zero tolerance” law allows a driver under the legal drinking age (21) to be arrested for DUI with a BAC level of just 0.20 percent.

What Should I Do If I Am 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 702-707-7000 or contact us online.

Whether you are a permanent resident or a one-time visitor to Las Vegas, what happens in Vegas can follow you around for the rest of your life if it involves a conviction for driving under the influence (DUI). You undoubtedly know that you should not drink and drive, but you may still be wondering if DUI is a criminal offense in Las Vegas.

Is DUI a Criminal Offense in Las Vegas?

Violations committed while you are operating a motor vehicle are often filed as civil infractions, meaning you cannot be sentenced to jail time if convicted of the violation. Although driving under the influence (DUI) is an offense committed while operating a motor vehicle, it is a criminal offense which can include jail time if you are convicted.

Typically, a first-time DUI is charged as a misdemeanor criminal offense; however, you can still be sentenced to a period of incarceration of up to six months in jail, fined up to $1,000, and lose your driving privileges for six months. Second and subsequent DUI convictions can lead to an increased sentence of up to six years in prison, a fine of up to $5,000, and a much longer license suspension.

In addition, you may be required to attend a Victim Impact Panel, pay for drug and alcohol evaluations and rehabilitation, perform community service, and even pay to have an ignition interlock device installed in your vehicle. Indirect consequences of a DUI criminal conviction can include disciplinary action if you hold a professional license, increased insurance premiums, and the loss of employment opportunities.

Nevada DUI Laws

The criminal offense of driving under the influence (DUI) is governed by Nevada Revised Statute §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.

Most people are familiar with the “legal limit,” referring to your BAC level as evidenced by the results of a chemical breath test. It is crucial to understand, however, that you can be charged and convicted of DUI without having a BAC level of 0.08 percent or higher. For example, you can be charged with driving “while impaired by” legally prescribed drugs, marijuana, or even over-the-counter medications.

A third DUI within seven years will also be charged as a felony in Nevada, while a first or second DUI within a seven-year period is usually charged as a misdemeanor in Nevada, but it can be a felony if:

•            You have a previous felony DUI conviction. (Class B Felony)

•            You caused substantial bodily harm or death to another person while driving under the influence. (Class B Felony)

•            If you have at least three prior DUI convictions, and you caused a death, you can be charged with DUI as a felony. (Class A Felony)

What Happens If I Am Arrested for DUI in Las Vegas?

During a traffic stop, if a law enforcement officer believes that there is probable cause to arrest you for driving under the influence, you will be arrested.  At that point, you will be taken to jail and “booked” which entails being photographed, fingerprinted, and questioned for the purpose of setting bail. You will also probably be required to perform a chemical breath test to check your BAC level.

After you have been officially arrested, the arresting officer submits a probable cause affidavit to the prosecuting attorney’s office for review. The prosecutor’s office will look over the information and decide whether to file charges against you, and if so, what those charges will be. At your initial hearing in court, you will be notified of what charges have been filed against you.

What Happens If I Am Convicted of DUI in Las Vegas?

It is important to understand that an arrest for DUI is not the same as a conviction. Likewise, being charged with DUI does not necessarily mean you will be convicted. To be convicted, you must agree to plead guilty pursuant to the terms of a guilty plea agreement with the State of Nevada or you must be convicted at a trial by a judge or jury. If you are convicted, you will be sentenced pursuant to the terms of a guilty plea agreement or by the judge.

What Should I Do If I Am 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 702-707-7000 or contact us online.

You undoubtedly know that driving under the influence (DUI) is illegal; however, it is also important to know that getting arrested for DUI in Las Vegas can be an expensive mistake. Not only will you incur immediate financial penalties for a DUI conviction, but you will also face long-term costs that may impact your life in ways you may not have considered. If you are facing DUI charges in Las Vegas, understanding how much a DUI does is essential.

Court Costs and Fines

If you are convicted of DUI, either at trial or through a guilty plea agreement, you will incur significant court costs and fines. Court costs are usually several hundred dollars, while the fine for a misdemeanor DUI can be up to $1,000 and a felony DUI conviction will subject you to a fine of up to $5,000.

Probation Costs and Fees

If this is your first DUI arrest, you will likely be sentenced to serve a period of time on probation in lieu of jail time. While staying out of jail is certainly the preferred outcome, probation can be expensive. Common costs associated with probation include:

·  Supervision: You may be surprised to learn that you have to pay a monthly fee for the probation department to supervise you.

·  Evaluations, Counseling, and Rehabilitation: Because your conviction involved alcohol, you will likely be required to have a drug and alcohol evaluation completed and to follow any recommendations based on the evaluation. Both the cost of the evaluation and expenses related to any counseling or rehabilitation will be your responsibility.

·  Victim Impact Panel: As a condition of your probation, you will be required to attend, and pay for, a victim impact panel presented by groups like MADD (Mothers Against Drunk Driving).  

·  Alcohol and Drug Testing: If you are placed on probation, you will be subject to random alcohol and drug testing, at your expense.

·  Ignition Interlock Device Expenses: You may be required to install an ignition interlock device on your vehicle as part of a plea agreement or sentence. If so, the cost of installation and monthly monitoring will be your responsibility.

Insurance and Motor Vehicle Expenses

If you are convicted of DUI in Nevada, and/or you refuse to submit to a chemical breath test, your license will be suspended. To reinstate your license, you will need to pay reinstatement fees to the Nevada Department of Motor Vehicles. In addition, your suspension and conviction will be forwarded to your insurance company. Your insurance provider may cancel your coverage entirely or increase your premiums. Expect increased premiums for at least three years after a DUI conviction.

Jail Expenses.

Being arrested, even if you are not convicted, can be expensive. Just to be released from jail while your case is pending you will likely be required to post a bond. If you are sentenced to serve time in jail, you may lose money that could have been made while working or have to pay a fee to serve your time on the weekends.

Non-Judicial Costs

Along with all the direct expenses related to a DUI, there are numerous non-judicial, indirect costs. A DUI, for example, may cause you to lose your current job or disqualify you for future employment opportunities. That same conviction may prohibit you from being approved for a professional license or result in disciplinary action if you currently hold a license. A DUI conviction may even negatively impact your immigration status or your custodial rights to a minor child.

How Much Does a DUI Cost?

When you add up all the expenses, costs, and indirect consequences of a DUI conviction, the true cost of a DUI can easily run over $10,000 for a first-time conviction and over $20,000 for a second or subsequent 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 702-707-7000 or contact us online.

A speeding ticket can be costly and frustrating. It can also have financial implications that go beyond the initial fine, such as increased insurance premiums or disqualification for jobs that require you to operate a vehicle. You may be wondering whether it is worth it to hire a lawyer or whether paying the fine and moving on is the better option. Before you make a decision, consider some of the factors that make hiring a lawyer for a speeding ticket the better option in the long run.

Understanding Nevada Speeding Laws

All public roadways have posted speed limits in the State of Nevada. Exceeding the posted speed limit is grounds for a law enforcement officer to conduct a traffic stop and issue you a citation (ticket). Under Nevada law, exceeding the posted speed limit is a civil infraction in most cases; however, it is important to understand that speeding can be charged as a criminal offense. Specifically, exceeding the posted speed limit by 30 m.p.h. or more elevates speeding to a criminal misdemeanor.

If you are charged with speeding as a civil infraction, the consequences of accepting guilt or being found guilty at trial is a fine of up to $500 and the imposition of demerit points by the Nevada Department of Motor Vehicles against your license. For example, speeding up to 10 m.p.h. over the posted speed limit results in one point against your license while exceeding the posted speed limit by 41 m.p.h. or more will cause you to earn five points. Accruing 12 points or more against your license within any 12-month period will result in an automatic six-month suspension of your driving privileges. Insurance companies also routinely check your driver history when calculating premiums with demerit points typically increasing premiums.

Is It Worth It Hiring a Lawyer for a Speeding Ticket? Factors to Consider

After you receive a speeding ticket, you have a short window of opportunity within which you must decide to pay the fine and accept any additional consequences of the ticket or notify the court that you wish to contest the ticket. If you were charged with speeding as a criminal misdemeanor, you will automatically be issued a court date at which time you must plead guilty or not guilty. Factors to consider when deciding whether to hire a lawyer for a speeding ticket include:

·  Direct expenses: If you pay for a speeding ticket, you will have to pay the associated fine. The amount of the fine is directly related to the amount by which your speed exceeded the posted speed limit. The higher the fine, the more sense it may make to pay a lawyer to try and avoid the fine.

·  Indirect costs: Paying the fine is not the only expense related to a speeding ticket. You should also factor in the likelihood that your insurance premiums will increase for a significant time after paying the fine. The increased premiums paid for several years, added to the cost of the fine, can far exceed the cost of hiring an attorney.

·  Risk of suspension: If points have already been levied against your license in the last several months, you could be at risk of having your license suspended if you pay for a speeding ticket. In that case, paying for an attorney to try and avoid additional points on your license may be worth the cost.

·  Employment repercussions: If you are required to operate a vehicle as part of your job, a speeding ticket could be problematic. The ticket may cause your employer’s insurance company to refuse to insure you, effectively putting your job at risk.

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

If you were issued a speeding ticket in Las Vegas, and you are unsure whether it is worth it to hire a lawyer, 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.

Being charged with domestic violence can be an overwhelming experience, particularly if the allegations are false or exaggerated. Not only can a conviction for domestic violence result in a term of imprisonment and hefty fines, but it could also negatively impact employment and housing opportunities as well as custody and parenting time with minor children. Working with an experienced criminal defense attorney is the key to getting domestic violence charges dropped in Las Vegas.

Domestic Violence Laws in Nevada

In the State of Nevada, domestic violence is officially charged as “battery domestic violence (BDV) when there is a close relationship between the alleged perpetrator and victim, such as a dating or a familial relationship. A first-time BDV without aggravating circumstances (such as serious bodily injury) is charged as a misdemeanor; however, BVD can be elevated to a felony for repeat offenders or when the victim suffered serious injury.

Why Is It Important to Avoid Conviction for Domestic Violence?

Of course, it is always wise to try and avoid any criminal conviction; however, it can be particularly important to avoid being convicted of domestic violence given the repercussions of a conviction. Even a conviction for misdemeanor BVD can lead to jail time, mandatory counseling, and significant non-judicial consequences. Prospective employers and landlords may disqualify you if they see a conviction for BVD in your criminal history. You could also lose your right to vote, own a firearm, and even change your immigration status with a conviction for BVD. Worse still, a BVD conviction can interfere with your custodial or parental rights if you are the parent of a minor child, and you are going through (or have gone through) a divorce.

Strategies for Getting Domestic Violence Charges Dropped

• If you have been charged with battery domestic violence in Nevada, it is imperative that you hire an experienced criminal defense attorney to ensure that you present the best possible defense. Contrary to popular belief, the alleged victim in a BDV case cannot simply “drop the charges.” Although the alleged victim is an integral part of the State’s case against you, the State of Nevada is prosecuting the case, not the victim. As such, only the State of Nevada can dismiss the charges. The tactics and strategies employed by your defense attorney will depend on the unique details of your case, but may include any of the following:
• Exclusions of evidence: If any of the evidence that the State plans to use against you was obtained illegally, your attorney may be able to get the evidence excluded from trial. For example, if evidence was obtained during a warrantless search and seizure or during questioning that violated your 5th Amendment rights, that evidence may not be used against you at trial. Your attorney will file a pre-trial motion that, if granted, could result in the State dropping the charges.
• Burden of proof: The State has the burden of proving that you are guilty beyond a reasonable doubt. Sometimes, the State’s evidence is clearly insufficient to meet its burden. In a BDV case, this often happens when the alleged victim wants to recant, meaning that he/she is no longer willing to testify against you. Your attorney may be able to point out the weakness in the State’s case and get the charge dismissed.
• Exculpatory evidence: Although you are not required to present a defense, you may have exculpatory evidence that proves you are not guilty. For example, you might have a video or neutral witnesses who saw the alleged assault and are willing to testify that you did not assault the alleged victim. If such evidence exists, your attorney may be able to present it to the State and get the charges dismissed.
• Challenge the victim’s credibility: While it is crucial to be careful not to attack the alleged victim, a victim who lacks credibility can be the key to getting domestic violence charges dismissed. Talk to your attorney if you have evidence that brings the alleged victim’s character or credibility into question.

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

If you have been charged with 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.

If you have been charged with a criminal offense, one of the most important decisions you will make during the prosecution of your case is whether to enter into a plea agreement or take your case to trial. Given the importance of the decision, it should not be made without the assistance and advice of an experienced criminal defense attorney. It may be helpful, however, to understand some of the benefits of plea bargaining in criminal cases.

An Overview of the Criminal Justice System

If this is your first experience as a defendant in a criminal prosecution, a basic overview of the criminal justice system is essential. In the United States, an accused in a criminal case is innocent until proven guilty beyond a reasonable doubt. That means that the burden is on the State (in this case, the State of Nevada), to prove your guilt. Moreover, the burden of proof required in a criminal case — beyond a reasonable doubt – is the highest burden recognized in our justice system.

As a defendant, you have numerous rights guaranteed to you in the U.S. Constitution, including the right to an attorney and the right to a trial by a jury of your peers. You also have the right to waive your right to a trial if you choose to enter into a plea agreement with the State. While it is in your best interest to only make the decision to accept a plea agreement after consulting with an attorney, it is ultimately your decision to make.

What Is a Plea Agreement?

It is imperative that you understand what a plea agreement means and what accepting one entails before deciding to waive your right to trial and enter into a plea bargain. If you accept a plea agreement, it means that you are agreeing to plead guilty to at least one of the charges against you (or to a lesser offense in some cases).  You will likely be required to appear in front of a judge, withdraw your plea of not guilty and plead guilty and agree to the factual basis that supports your plea of guilt.

The terms of a guilty plea agreement are negotiated by the prosecuting attorney and your defense attorney. Typically, the prosecutor will forward an initial offer for your review and consideration. If you are interested in accepting a plea bargain but are not happy with the terms of the initial offer, your attorney may be able to negotiate more favorable terms on your behalf.

Benefits of Plea Bargaining in Criminal Cases

Only you can decide if a plea agreement is your best option; however, it helps to consider some of the benefits of plea bargaining in criminal cases before making your decision, such as:

·  Avoiding uncertainty: Even the best criminal defense attorney, with the best possible set of facts and circumstances, cannot guarantee the outcome of a criminal trial. Judges and juries can be unpredictable, making a plea bargain the best way to avoid the uncertainty inherent in a criminal trial.

·  Ensuring a more favorable sentence: A more favorable sentence is typically an inducement offered by the State to encourage the defendant to accept a plea agreement. For example, if you are facing charges that carry a maximum sentence of 20 years in prison, the State might agree to a plea agreement that caps the maximum sentence at 10 years.

·  Dismissing charges/cases: If you have multiple charges and/or cases pending, the State may offer to dismiss some of those charges/cases in return for your plea of guilty in one case. The benefit being that you have fewer convictions and likely a less severe sentence.

·  Saving time and money: It can take months, even years, or a criminal case to make it to trial. If you are in custody because you cannot pay bail or the court will not grant bail, entering into a plea agreement is one way to resolve your case quickly and at a decreased cost.

What Should I Do If I Was Offered a Plea Bargain in a Criminal Case in Las Vegas?

If you have criminal charges pending in Las Vegas and you have been offered a plea bargain, 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.

During a traffic stop in Las Vegas, if a law enforcement officer finds that there is probable cause to believe that you were driving under the influence (DUI), you will be arrested and charged with DUI. Once you reach the jail or police station, you will be asked to perform a chemical breath test to test for the presence of alcohol in your blood. You can refuse to perform the test; however, there are some important consequences of refusing that you should consider before doing so.

What Is a Breath Test?

Alcohol can be detected in the human body using a urine, blood, or breath test. Because both blood and breath tests are more accurate than urine tests, urine tests are rarely used. A blood test provides the most accurate results and has the added benefit of being able to detect the presence of controlled substances in your blood; however, a blood test is also far more invasive than a breath test.  Consequently, courts typically require a warrant to perform a blood test while no warrant is required for a breath test. A chemical breath test (commonly referred to as a “breathalyzer”) is performed by requiring you to blow into a tube to provide a sample of your breath. That breath is then analyzed for the presence of alcohol and if alcohol is detected, a Blood Alcohol Concentration (BAC) number will be provided, indicating the percentage of alcohol in your blood. In Nevada, a BAC result of over 0.08 percent is considered above the legal limit and can be used as evidence that you were driving under the influence.

Understanding the Nevada Implied Consent Law

Like most states, the State of Nevada has an implied consent law that applies to anyone who operates a motor vehicle on a public roadway within the state. The implied consent law states that a motorist gives his/her consent to an “evidentiary test of his or her blood, urine, breath” to check for the presence of alcohol if a law enforcement officer has reasonable grounds to believe that the motorist was driving while under the influence. In short, the law states that you consented to a breath test the moment you got behind the wheel.

Refusal of Breathalyzer Consequences

Despite Nevada’s implied consent law, you can refuse to perform a breath test during an arrest. Before doing so, however, you should understand the likely consequences, including:

·  The Police May Get a Warrant for a Forced Blood Draw: If you refuse a breath test, the police may obtain a warrant allowing them to forcefully perform a blood draw to test your blood for alcohol.

·  Your License Will Be Revoked: Your driving privileges will be revoked if you refuse a breath test. If you do not have a previous refusal within the last seven years, your revocation will be for one year. If you have a previous refusal, your license will be revoked for three years. Furthermore, the license revocation will remain in effect even if the underlying DUI charges are dropped.

·  A Refusal Can Be Used as Evidence of Guilt: Your refusal to perform a chemical breath test can be used against you as evidence of your guilt if your DUI case goes to trial.

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.

In today’s day and age, having a criminal record can place a significant burden on your ability to obtain employment, secure adequate housing, or even exercise basic civil rights. Fortunately, most states allow for sealing or expungement of some criminal records. Although the terms “sealing” and “expungement” are frequently used interchangeably, they refer to different (though similar) processes and achieve different results. Understanding the key differences between record sealing vs. expungement is critical if you want to clean up your criminal record.

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

Sealing a criminal record is typically accomplished through a legal procedure that can vary by state. If the request to seal your criminal record is approved, your criminal record becomes “hidden” or unavailable to the general public. As such, when a prospective employer or landlord requests a criminal history background check on you, the record of that conviction will not appear. Your physical records, however, are not destroyed and information regarding the conviction remains available to certain people and entities, such as law enforcement agencies, courts, and some federal employers.

What Does It Mean to Expunge a Criminal Record?

Although the procedure for expunging a criminal conviction is often much the same as that used to seal a record, the status of the physical record differs when a record is expunged. When a criminal record is expunged, the record is physically destroyed or removed from relevant databases. Expungement is viewed as a more thorough process that makes it appear as if the arrest and conviction never happened. After a criminal record has been expunged, you can legally deny having been convicted of that offense. 

Can Anyone Access a Criminal Record That Has Been Sealed or Expunged?

One of the many reasons to work with an experienced criminal defense attorney when attempting to seal or expunge a criminal record is to ensure that you understand the practical and legal status of that record after sealing or expungement. The status of an expunged record can vary somewhat by jurisdiction; however, expungement is supposed to remove the record from the system, meaning that no one can access it after it has been expunged. In practice, however, even an expunged record may be available to certain officials and authorities.

In the State of Nevada, expungement is not an option. A criminal record can be sealed though. Once sealed, only the record custodian and the person named on the record can see it without a court order. A criminal record can, however, be unsealed by court order. Generally, this means that if your record has been sealed in Nevada, you can answer “no” to questions from an employer or landlord about whether you have been convicted of a crime, but keep in mind that law enforcement agencies, courts, and certain government agencies can still access that record if they can convince a court that they have good reason to do so.

What Is the Process for Sealing My Criminal Record in Nevada?

If you want to get a criminal record sealed in Nevada, you should first determine if the record is eligible for sealing. Certain offenses are never eligible for sealing. For convictions that are potentially eligible, a waiting period applies that could be anywhere from two to 10 years, depending on the severity of the crime. 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.  

If the offense is eligible, and the applicable waiting period has expired, you will need to obtain a Shared Computer Operations for Protection and Enforcement (SCOPE) report from the law enforcement agency that arrested you. The Scope report, along with a Petition, Affidavit, and proposed Order are then filed with the appropriate court and sent to the District Attorney’s Office. If the Order is signed, it is your responsibility to deliver the Order to the relevant law enforcement agency so that the record can be sealed.

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

If you have additional questions about record sealing vs. expungement 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.

For a motorist, looking in the rearview mirror and seeing flashing lights behind you is rarely a good sign. If it appears that the traffic stop that follows is turning into an arrest for driving under the influence, you may start to panic which, in turn, can cause you to make mistakes that can make an already unpleasant situation even worse. Moreover, mistakes made during a DUI stop can increase the likelihood of conviction. If you are stopped for DUI in Las Vegas, knowing some of the most common mistakes people make may help you avoid making them.

Refusing to Stop

When you see those lights in your rearview mirror, your knee-jerk reaction may be to push the gas pedal instead of figuring out how to safely pull over and stop. Giving in to that knee-jerk reaction is a huge mistake as it will likely lead to additional, more serious criminal charges being filed against you.  

Admitting Guilt

If the police officer has reason to believe that you are under the influence (and often even if they have no reason to believe so), you will probably be asked directly if you have consumed any alcohol or if you are under the influence of any substances, legal or otherwise. While it is not wise to directly lie to a law enforcement officer, it is also a mistake to admit guilt. If you believe that answering a question will incriminate you, politely tell the officer that you prefer not to answer without having an attorney present.

Trying to Talk Your Way Out of an Arrest

If you can see that your traffic stop is potentially morphing into a DUI arrest, you may have the urge to try and talk your way out of an arrest. Resisting that urge is your best bet because you are far more likely to talk your way into a conviction than talk your way out of an arrest.

Performing the Field Sobriety Tests

At some point during the traffic stop, the law enforcement officer will probably ask you to perform a series of field sobriety tests, such as the walk and turn, standing on one foot, or reciting the alphabet backwards. You are not legally required to perform these tests. Moreover, they are difficult to perform well under optimum conditions. When you are on the side of the roadway, stressed out and anxious, and walking on unlevel ground, you are even less likely to perform well on the tests. Ultimately, your performance on these tests will probably provide the officer with probable cause to arrest instead of helping you avoid an arrest.

Being Disrespectful and Belligerent

Although you may be upset, even outraged, at the prospect of being arrested, being disrespectful and belligerent can only hurt you. Not only will it make the officer more inclined to arrest you, but your overall demeanor may be used as evidence of intoxication at trial.

Refusing to Perform the Breath Test (Sometimes)

If you are ultimately placed under arrest, you will be asked to perform a chemical breath test when you arrive at the jail or station. Once again, you are not legally required to perform the test; however, the Nevada implied consent law says that you have already consented to the test if you operate a vehicle on a public roadway. Furthermore, there are consequences for refusing, including a license suspension and using the refusal as evidence against you at trial. As such, for most people in most situations, refusing the breath test is a mistake.

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

If you have been charged with DUI in 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.