An important part of understanding your case is knowing the difference between a Henderson DUI and a DWI.

• DUI: DUI stands for “driving under the influence.”  According to Nevada state law, specifically NRS 484C.105, it is illegal for someone to be under the influence or impaired by a substance to such a degree as they cannot drive safely or have physical control of a vehicle. Evidence of being under the influence includes driving inconsistencies such as swerving and will result in the police pulling you over and likely arresting you for a DUI.
• DWI: DWI stands for “driving while intoxicated or impaired.”  In this situation, a person is too impaired/intoxicated to operate a vehicle – even if his or her blood alcohol content (“BAC”) is below the legal limit of 0.08%.

In Nevada, DUI and DWI are used interchangeably.  However, when you’re charged with such a crime, you’ll likely be charged with a “DUI.”

What constitutes a vehicle? The definition encompasses motorcycles, automobiles, and boats, to name a few.  However, under Nevada state law, you cannot be legally charged with a DUI while operating a moped or bicycle.

Nevada follows the federal BAC limit (0.08%).  However, prosecutors can charge minors and commercial drivers for lower limits (0.02% and 0.04%, respectively).

A DUI Can Also Result From Marijuana And Prescription Drug Use

Impairment or intoxication is not merely the result of alcohol consumption. Prescription and recreational drugs can also impair a driver, including but not limited to the following:

• Amphetamines
• Methamphetamine
• Cocaine metabolite
• Cocaine
• Morphine
• Heroine metabolite
• Heroine
• Marijuana

It’s vital to have a lawyer that is thoroughly familiar with Nevada DUI laws, including the laws governing DUI for marijuana or prescription drug use if your situation involves more than just alcohol.  Law enforcement aggressively prosecutes DUIs involving impairment from marijuana and prescription drug use. 

Is A DUI In Henderson A Felony?

The first time you receive a DUI charge, it’s a misdemeanor offense.  However, prosecutors can charge you with a felony if:

• It’s your third offense
• You’ve been convicted of a felony DUI before or
• You cause an accident that results in someone being injured or killed

If you’ve received a DUI in another state or United States territory, it counts toward the total amount of offenses.  Therefore, it doesn’t matter if you receive only one DUI in Nevada.  If you’ve already been convicted twice elsewhere, Nevada’s charge will be your third and is considered a felony.  DUI charges in Henderson are taken very seriously.  For this reason, it is essential to have an attorney in your corner that understands the court and the judges involved.   

Penalties For DUI Convictions

Most DUI convictions are Category B Felonies, which carry sentences of up to six years in prison and fines of up to $5,000.

However, the penalties are exponentially more severe in the following cases.

• DUI following another felony DUI: (NRS 484C.410) Up to $5,000 in fines and up to 15 years in prison. Your driver’s license will be revoked for three years, you must submit to an addiction evaluation, and your car must have an ignition interlock device for up to three years after your conviction.
• DUI that cause injury or death: (NRS 484C.430) Up to $5,000 in fines and 20 years in prison. License revocation and the need for an ignition interlock device for up to three years.
• Vehicular homicide: (NRS 484C.440) In addition to three years of license revocation and needing an ignition interlock device, you can face 25 years to life in prison if convicted of this crime. After 10 years, you have the opportunity for parole.
• Transportation of a minor: If you’ve been charged with a DUI in Henderson while transporting a passenger under the age of 15 years, you can receive a harsher sentence due to an “aggravating factor.”