DUI Lawyer Las Vegas
LAS VEGAS DUI LAWYERS
It’s not difficult to find a DUI lawyer in Las Vegas – the challenging part is finding the best DUI lawyer in Las Vegas for your specific circumstances. If you’re facing DUI charges in Las Vegas, Henderson, North Las Vegas, Boulder City, Laughlin, Mesquite, or Pahrump a conviction could mean jail time, fines, license suspension, and much more. A DUI can affect many aspects of your life in ways you might not even realize. Therefore, it’s very important to hire the best lawyer you can.
Working with a top Las Vegas DUI attorney gives you the best chance at reduced charges, lessened penalties, or outright dismissal of your DUI case. Further, hiring a DUI attorney with a proven track record of success can significantly decrease the stress and frustration typically attributed to the DUI criminal process.
Don’t gamble with your future by hiring an unproven DUI attorney. Contact The Vegas Lawyers today at (702) 707-7000 and schedule your free initial consultation with a top DUI lawyer in Las Vegas.
DUI lawyers are typically recommended in DUI cases because of the seriousness of the charges. Finding “the best DUI lawyer near me” should be your top priority to increase your likelihood of avoiding a conviction or suffering exorbitant penalties.
A DUI on your criminal record can incur serious consequences beyond jail time or a criminal record. Per our DUI attorney team at The Vegas Lawyers, a DUI criminal record can lead to:
- Difficulty finding or maintaining employment in your field
- Higher insurance rates
- Difficulty finding housing in the community of your choice
- Embarrassment when submitting background checks
- Tarnished reputation along with social stigma
- Child custody issues
- Denied educational opportunities (i.e., scholarships, grants, college admissions, etc.)
Hiring a DUI lawyer doesn’t always guarantee dismissed or reduced charges. However, if a conviction is unavoidable due to overwhelming evidence, a DUI attorney can play a vital role in securing lessened penalties or potentially decreasing your charges. Hiring a subpar or mediocre DUI lawyer will likely lead to disappointment, wasted money, and an unfavorable outcome. Don’t take a chance with second best.
Las Vegas is a town full of risk, but a potential DUI conviction is one risk you don’t want to take. It can change your life in a second. Give us a call to speak with our DUI lawyers, which includes a former judge of the DUI Court. Our lawyers have the experience, skill, and knowledge to obtain the best possible outcome for you and your family under the circumstances.
Nevada DUI Laws Are Comprehensive And Detailed
The main statutes governing DUI and DWI charges in Nevada are found in Chapter 484C of the Nevada Revised Statutes. Entitled “Driving Under The Influence Of Alcohol Or A Prohibited Substance,” this chapter of Nevada laws contains detailed definitions, identification of prohibited conduct and description of penalties. Having an attorney familiar with these statutes, how they are interpreted by judges and used by prosecutors and the intricacies involved with DUI defenses is not just important, it’s essential.
Driving under the influence (“DUI”) refers to an intoxicated person operating a motor vehicle on public roads and highways in Nevada while “impaired to a degree that renders a person incapable of safely driving or exercising actual physical control of a vehicle” (Nevada Revised Statute 484C.105).
It’s important to note that driving under influence of alcohol and driving under influence of drugs (DUID) are separate charges. However, they are punished the same. Take a look at the differences between each DUI law below.
- DUI: Per Nevada DUI law, an individual is guilty of a DUI if they are in physical control of a motor vehicle with a blood alcohol concentration at or above 0.08 percent. Further, individuals can face alcohol-induced driving under influence charges even if their BAC is below the allowed amount.
- DUID: If you’ve been charged with driving under influence of drugs (e.g. marijuana), it’s in your best interest to consult with a DUI defense lawyer as soon as possible. You can face DUID charges if you ingest certain drugs and cannot safely operate your vehicle, OR you have a certain amount of illegal drugs in your system while operating a vehicle.
Whether you’re facing DUI or DUID charges, it’s recommended that you immediately contact a DUI criminal attorney you can trust with a reputation for excellence.
The biggest difference between DUI v. DWI (driving while intoxicated) in Nevada is the name. Even the most experienced DWI lawyer is likely to use the terms interchangeably. No matter what it’s called (DWI v. DUI), it amounts to the same charges and penalties if convicted.
However, officially, the state does not refer to DUI offenses as driving while intoxicated. If you’re charged with driving under the influence, your documents will refer to the offense as a DUI.
At The Vegas Lawyers, our main priority is to work hard to keep your record as clean as possible. Even if you’ve already hired a DWI lawyer (that you’re unhappy with), we can still help. Contact us today to speak with a proven DWI criminal lawyer.
Understanding Nevada’s Implied Consent Laws
Driving is a privilege and not a right. When you get behind the wheel of a car, you are impliedly consenting to the laws of the state which, among other things, allow the police to check a driver’s blood alcohol content or “BAC.”
After a DUI arrest in Las Vegas, it’s usually in your best interest to comply with an officer’s request for you to take a DUI breath test. Otherwise, you could make it more challenging to seek decreased charges, a favorable plea deal or even a dismissal.
Be sure to avoid saying anything that will incriminate yourself and contact a Las Vegas DUI attorney as soon as possible.
What Is The Legal Drinking Limit In Nevada?
Who Can Be Charged With DUI In The State Of Nevada?
Anyone who unsafely operates a motor vehicle while under the influence of alcohol or has more than the allowable amount of alcohol in their system can face a DUI criminal charge. It’s important to note that the qualifications for a DUI charge depend on a few factors.
For instance, individuals operating a commercial motor vehicle are not allowed to control the vehicle if they have a BAC at or higher than .04 percent. Further, drivers under 21 are restricted from operating a motor vehicle if their BAC is at or above .02 percent.
No one is immune from a DUI criminal charge in Nevada. If convicted, the penalties are stiff. It’s essential to note that out-of-state visitors who have a DUI criminal charge face the same penalties as Nevada residents if convicted. Contact a DUI criminal attorney at The Vegas Lawyers today to discuss your case.
Both DUI misdemeanor and DUI felony convictions incur mandatory penalties. The difference is that a DUI felony is punished much more severely. Regardless of the type of charges you face, it’s important to understand the potential consequences of a DUI misdemeanor or DUI felony in Nevada. Learn more below.
- DUI Misdemeanor Penalties: 48-hours to 6-months in jail, $400 – $1000 in fines, attendance at DUI school, Victim Impact Panel participation, license suspension, possible installation of an ignition interlock device.
- DUI Felony Penalties: 1 – 20 years in Nevada state prison, $2,000 – $5,000 in fines, Victim Impact Panel participation, mandatory installation of an ignition interlock device (1-3 years), 1-3 year license suspension.
An individual can be charged with a DUI felony if convicted of a third DUI within seven years or cause injury/death while driving under the influence. DUI misdemeanors are serious, but DUI felony convictions almost always result in mandatory prison time and many other devastating penalties. If you’re facing felony DUI charges in Nevada, we can help. Contact us today to learn more.
It’s important to note that Nevada DUI laws only allow the prosecution to reduce or dismiss DUI charges if they lack sufficient evidence. With that in mind, it’s your DUI defense lawyer’s job to develop successful DUI defenses appropriate to your circumstances. Generally, a few of the most commonly used DUI defenses in Nevada include, but are not limited to, the following:
- Unreliable or Flawed Drug Test Results – Sometimes, drug test results (breathalyzer or blood draws) are incorrectly handled or obtained – resulting in unreliable results. In that case, an experienced DUI criminal defense lawyer can investigate if the tests were potentially contaminated. If so, it could lead to dropped or reduced charges.
- Necessity Or Duress – Nevada DUI law doesn’t offer clear guidance on driving under influence of alcohol for necessity. However, depending on the circumstances, a DUI attorney can argue that their client had to drive while influenced by alcohol to avoid a “greater evil” or were forced to drive while intoxicated under duress.
- Improper Police Stop – Unlawful police stops are among the most commonly argued DUI defenses. Generally, the police must have probable cause to make an initial DUI stop. A DUI lawyer can argue to have the charges dropped or negotiate lower charges with the prosecutor if they do not.
- Other Non-Alcohol Factors – Sometimes irregular or unsafe driving may result from other factors not related to alcohol. Examples include distracted driving, road rage, poor coordination, fatigue, and more.
- Mouth Alcohol – Suppose your BAC is above .08 percent because you used mouthwash, breath spray, denture adhesive, etc. In that case, a skilled DUI lawyer can potentially argue that the breathalyzer detected “mouth alcohol” and not drinking alcohol. This DUI defense can be especially effective if law enforcement doesn’t allow enough time between the stop, observation, and breathalyzer test.
- Medical Condition – Certain medical conditions can present DUI-like symptoms. Common health concerns that can be confused for a DUI include high blood pressure, PTSD, anxiety, certain infections, diabetes, etc. Further, certain chemicals used during dental procedures can cause a temporary spike in BAC levels picked up by a breathalyzer.
- Improper Field Sobriety Test Administration – Field sobriety test results are used as evidence against the defendant in some DUI cases. However, a savvy DUI lawyer can identify when a police officer improperly administers the test and use that information to impugn the prosecution’s efforts.
The best DUI defenses for your case depend on the circumstances. Contact an experienced DUI lawyer in Las Vegas to discuss the best DUI defenses available for your situation.
Can I Get A DUI For Marijuana In Las Vegas?
Yes. Recreational use of marijuana has been legal in Nevada for a few years. However, that doesn’t mean you can drive while under the influence of marijuana or any other illicit or prescription drug known to cause intoxication.
Driving under the influence of drugs is treated the same as driving under the influence of alcohol. The only notable difference is that first-time marijuana DUI offenders only face a 90-day license suspension instead of 185-days.
The 4th Amendment of the United States Constitution protects citizens from illegal searches and seizures. An experienced DUI lawyer should be able to quickly recognize when evidence has been unconstitutionally obtained and file a motion to suppress it. Generally, an experienced DUI lawyer may consider a motion to suppress evidence if:
- Law enforcement conducted a search and seizure without a warrant or justification for searching without a warrant
- Law enforcement acted outside the scope of what the search warrant allows
- The search warrant lacked credibility and specificity
Evidence obtained through law enforcement misconduct or baseless warrants can be thrown out, which would likely result in decreased or dismissed charges. Spotting an infringement of 4th Amendment rights can be challenging for an overworked lawyer. However, at The Vegas Lawyers we have an entire legal team that works each case in order to get the best results.
In many cases, it requires a DUI law firm with a strong team and ample resources to uncover faulty evidence. The experienced DUI lawyers at The Vegas Lawyers are equipped to handle even the most complicated DUI cases. Contact us today to schedule an initial consultation with the best DUI law firm in Las Vegas.
Can DUI Charges In Nevada Be Dismissed?
It’s very unusual for the District Attorney to outright dismiss DUI charges. Why? Because Nevada law prohibits prosecutors from dropping drunk driving charges unless there are extenuating reasons for doing so. For example, if there are serious issues with proving the case or pertaining to the probable cause relied upon by the police, those could be reasons the prosecutor may choose to either offer a favorable deal or simply dismiss the charges. Having DUI charges dismissed outright doesn’t happen very often but it does happen. The key is to have an attorney that thoroughly understands this area of the law and how to attack the government’s ability to prove its case. A good defense is no accident.
How Long Will A DUI Stay On My Record?
This question gets asked a lot. The answer is that it depends. If you do nothing about the conviction, it will stay on your record indefinitely. However, defendants charged with a misdemeanor DUI are eligible to have their case sealed seven years after their case ends. If you’ve been arrested but not convicted, you’re eligible to have your record sealed immediately. Click here to learn more about record sealing.
Those convicted of a felony DUI in Las Vegas are not eligible to have their records sealed at any time. It will stay on their record, regardless of circumstances.
How Much Is Bail For A DUI In Las Vegas?
Most people arrested for a misdemeanor DUI in Las Vegas are released soon after being booked. Depending on the circumstances of your case, past DUI convictions, and other criminal history records, you may be released on your own recognizance, or the judge may require you to post bail.
A standard bail schedule determines the bail amount for a misdemeanor offense. If you’ve been charged with a felony DUI in Las Vegas, bail will be determined at an official bail hearing. You may be tempted to enlist the services of a bail bonds company depending upon your financial condition.
What If I’m From Another State?
Out-of-state DUI defendants face the same penalties as native Nevadans when charged with a DUI. If convicted, you’ll face the consequences in Nevada and likely your home state as well. For this reason, if you’re from out of town and facing a DUI charge in Las Vegas, it’s especially important to have a great lawyer in your corner.
Fortunately, drivers charged with a misdemeanor DUI offense can hire a Las Vegas DUI attorney to appear in court on their behalf. If you’ve been convicted of a felony, you’ll have to appear in person.
It’s important to note that forgetting about your DUI charge or neglecting to appear in court doesn’t mean your charge will disappear. Ignoring your charge for DUI in Las Vegas can lead to a bench warrant for your arrest and other complications.
How Much Does A DUI Lawyer Cost In Nevada?
It really depends on the lawyer. Attorneys with lots of experience and track records of success charge more. In the area of DUI law, the old adage “you get what you pay for” truly does apply. Generally, however, the range of legal fees can run anywhere between $1,500 to $15,000 depending upon factors such as the complexity of the case, whether it’s a first time DUI and the reputation/skill of the lawyer involved.
At The Vegas Lawyers, our DUI lawyers are among the best in the state of Nevada. Our head DUI lawyer, Tony Abbatangelo, was the former Chief Judge of the DUI court in Las Vegas. Very few lawyers understand the ins and outs of DUI law like Tony. This is why Tony is the first choice for business leaders, politicians, nightlife industry workers and even police officers facing DUI charges. His deep knowledge of DUI law, track record of success and warm personality place him among the very best DUI lawyers in Las Vegas.
It can be easy to lose sight of the importance of hiring a DUI trial lawyer after a few hours spent searching for “the best DUI lawyer near me.” Minor legal matters that are not likely to incur a criminal conviction or jail time usually don’t require an attorney. However, individuals facing DUI charges are almost always recommended to hire a DUI criminal lawyer before entering a plea, accepting a plea offer, or going to trial. You wouldn’t cut your own hair or operate on yourself, right? Representing yourself in court is rarely a good idea for the same reasons.
The consequences of a DUI are very severe. Representing yourself or working with a below-average attorney can have a significantly negative impact on your DUI criminal defense. As a result, defendants who hire a proven DUI trial lawyer are likely to fare much better than defendants who opt against hiring an attorney. If you’re facing DUI offenses, here are a few reasons you should consider hiring an attorney:
- Nevada DUI law is complicated
- Not hiring a DUI trial lawyer could cost a lot more than hiring one (i.e., the cost of freedom)
- A DUI criminal lawyer understands how to challenge evidence
- DUI attorneys know how to negotiate favorable plea bargains
- A DUI trial lawyer can spot flaws in the prosecution’s case
- A DUI lawyer that appears in court frequently will be well-known to the judges
Hiring a DUI criminal defense lawyer can be the difference between jail time and freedom. If you’re unsure about the benefits of working with a DUI criminal lawyer, contact us for a free one-on-one consultation today.
Are you looking for “the best DUI attorney near me” online but having issues choosing which attorney to hire? You’re not alone. Defendants who hire a proven DWI attorney have a better chance of reduced offenses, dismissed charges, and lessened penalties. Not hiring a DUI attorney is a risk that simply isn’t worth taking.
Our attorneys are skilled, passionate, and determined to obtain the best possible results for you under the circumstances. If you’ve been charged with a DUI offense in Nevada, contact us today at (702) 707-7000 to discuss the details of your case with a proven DUI attorney in Las Vegas.