DUI Penalties in Las Vegas: What You’re Facing and How to Fight Back
If you are currently facing charges for driving under the influence (DUI) in Las Vegas, it is in your best interest to understand the serious nature of the charges against you. A DUI conviction can have both judicial and non-judicial consequences, which makes understanding the DUI penalties in Las Vegas imperative for anyone who has been charged with DUI. If you have specific questions or concerns about your DUI case, contact an experienced Las Vegas DUI attorney at The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.
Understanding Nevada DUI Laws
As the defendant in a Las Vegas DUI prosecution, it is important to understand what crime you have been accused of committing. Nevada law makes it a crime to operate a motor vehicle on a public roadway while any of the following are true:
- You are under the influence of intoxicating liquor.
- You have a concentration of alcohol of 0.08 or more in your blood or breath.
- You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in your blood or breath.
- You are under the influence of a controlled substance.
- You are under the combined influence of intoxicating liquor and a controlled substance.
- You have inhaled, ingested, applied or otherwise used any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders you incapable of safely driving or exercising actual physical control of a vehicle.
It is important to understand that, in Nevada, you can be convicted of DUI for being under the influence of alcohol, illicit drugs, prescription drugs, or over-the-counter substances.
What Are the DUI Penalties in Las Vegas?
Typically, a first or second DUI within a seven-year period in Nevada is charged as a misdemeanor. If you are convicted of misdemeanor DUI in Las Vegas, the penalties may include up to one year in jail, a license suspension of 180 days, mandatory attendance at a victim impact panel, attendance at DUI school and a period on probation along with fines and costs.
A DUI can, however, be charged as a felony in Las Vegas if there are aggravating circumstances that apply. If you are convicted of felony DUI, the penalties you face are considerably more serious. A DUI can be charged as a Class B felony in Las Vegas under any of the following circumstances:
- 3rd or Subsequent DUI: If you are convicted of a third or subsequent DUI within the same seven-year period.
- Prior Felony DUI Conviction: If you have a previous felony DUI conviction, at any time.
- Substantial Bodily Harm or Death: If you caused substantial bodily harm or death during the commission of the offense.
If you are convicted of DUI as a Class B felony in Las Vegas, the penalties include one to six years in prison, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
A DUI can even be charged as a Class A Felony in Las Vegas if you cause the death of another person, referred to as “vehicular homicide,” while driving under the influence, and you have three or more previous convictions for DUI that occurred at any time. If convicted of DUI causing vehicular homicide as a Class A felony, you face a penalty of 25 years to life in prison.
How to Fight Back If Charged with DUI in Las Vegas
If you are charged with DUI in Las Vegas, it is imperative to understand that you may be able to avoid a conviction. The key to preventing a conviction or reducing the penalties if you are convicted is to have an experienced DUI defense attorney on your side from the beginning. The defense strategies used in your case will depend on the individual facts and circumstances, but may include:
- Challenging the initial stop: If the officer did not have a legal reason to conduct the initial traffic stop, all evidence obtained thereafter (including the breath test results), may be inadmissible.
- Challenging the chemical test procedures or results: Your attorney may challenge the test results because the test was not conducted using the proper procedures, the machine was not properly calibrated, or the officer was not properly trained.
- Using the “Rising Blood Alcohol” defense: This defense effectively argues that your BAC was not over the limit at the time you were operating the vehicle.
- Exploring DUI Court: If you are charged with felony DUI, you might be eligible for a special program that will ultimately reduce your felony to a misdemeanor upon successful completion.
- Negotiating a reduced plea agreement: If a conviction is inevitable, your attorney will work to negotiate the most advantageous plea agreement possible.
What Should I Do If I Am Charged with DUI in Las Vegas?
If you have been charged with DUI, the best way to fight back and reduce the DUI penalties in Las Vegas is to 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.