What Happens When You Get Arrested For a DUI in North Las Vegas?
Getting arrested for a DUI can be a scary experience, especially if you’re not sure what to expect. Generally, a few things occur when a driver suspected of DUI in North Las Vegas is pulled over. They include:
- The DUI Stop – You may be asked to complete a field sobriety test or breathalyzer test
- If BAC is Above Legal Limit – You will be arrested, booked, and not eligible for release until your BAC is under .02 percent. Depending on the circumstances, you may post bail or be released on your own recognizance.
- If BAC is Below Legal Limit – The police may still question you, give you a ticket for another offense, or arrest you if they suspect you are under the influence of drugs.
- Nevada DMV Administrative Hearing – A DMV hearing to determine if you can keep your license. If the arresting officer does not attend, you may win the case by default.
- DUI Trial – The parts of a DUI trial include arraignment, negotiations, plea bargains, pre-trial motions, etc.
- If Guilty – You face the penalties of a DUI conviction. An experienced DUI lawyer in North Las Vegas can drastically increase the odds of having your charges decreased, case dismissed, or fewer penalties.
Can I Refuse a Breathalyzer Test?
You have the right to refuse a breathalyzer. However, you should be aware of the consequences before doing so. Per NRS 484C.160, Nevada DUI laws explain implied consent. Under implied consent laws, individuals operating a motor vehicle on public roads or highways have already given law enforcement their “consent” to test their breath, blood, or urine if suspected of DUI.
Refusal to take an evidentiary breath test or blood draw can result in:
- Forcible blood draw (with a warrant)
- 1-year automatic license suspension
- Evidence of potential “guilt”
Penalties for DUI in North Las Vegas
The consequences of a DUI conviction in North Las Vegas are devastating, to say the least. Penalties vary depending on the number of DUI convictions within the last seven years, past criminal history, circumstances of the DUI case, and many other factors.
If convicted of a DUI in North Las Vegas, you can expect the following (but not limited to):
- Jail Time: Minimum of 48 hours, up to 20 years (in rare circumstances)
- Fines: From $400 – $5,000 depending on the charge and case
- Suspended License: 90-days to 3 years
- Mandatory attendance of DUI school and a Victim Impact Panel
- Potential installation of an ignition interlock device
Qualifying defendants may avoid a DUI conviction by attending Misdemeanor or Felony DUI Court, an intensive alcohol and drug rehabilitation program.
When Is A DUI Charged As A Felony?
Most DUIs in North Las Vegas are misdemeanor offenses. However, in some cases, drivers can be charged with a felony, which carries harsher penalties. Defendants may face felony DUI charges if they have more than two DUI convictions within the last seven years, an injury or fatality occurred as a result of the DUI, or they have another felony DUI conviction on their record.
Defenses For DUI Charges In North Las Vegas
There are countless potential defenses for a DUI in North Las Vegas. The best defense for your case depends on the circumstances, past convictions, and many other factors. Common defenses for DUI charges in North Las Vegas include:
- Lack of probable cause for the traffic stop
- Incorrect administration of the field sobriety tests
- Faulty breath test equipment or lack of calibration
- Non-alcoholic factors that influenced field sobriety tests
- Certain medical conditions (i.e., acid reflux)
- Your diet and eating habits
- Contaminated blood sample
- Other types of police and/or administrative errors
Mounting an effective defense against a high-powered and motivated prosecution is possible, especially with an experienced and high-powered criminal defense lawyer in North Las Vegas.
Should I Hire a North Las Vegas DUI Lawyer?
The law doesn’t require you to hire a DUI lawyer. However, doing so can significantly increase your odds of receiving the least amount of penalties possible.
The district attorney’s office in North Las Vegas sees hundreds of DUI cases each year. They are experienced, crafty, and skilled in the art of intimidating defendants into guilty pleas or lackluster plea bargains.
An experienced DUI lawyer will examine all factors of your case. That’s including if your rights were violated, interview witnesses, file motions, negotiate with the prosecution, inform you of alternative options, and push for the least amount of penalties under the circumstances.
If you’ve been charged with a DUI in North Las Vegas, a lot’s at stake. You could lose your job, driving privileges, pay hefty fines, and even go to jail. There is too much at stake to risk your freedom and life on self-representation.
If you’re unsure how a DUI attorney can benefit you, it can help to take advantage of a free initial consultation to learn more about their process, track record, and how they can help you specifically.
Contact The Vegas Lawyers Today
Whether it’s your first DUI offense or you’ve been convicted in the past, you deserve a fair shot. We’ve developed a reputation as one of the best DUI lawyers in North Las Vegas because we care about every client.
Our team of compassionate and hardworking DUI attorneys and paralegals are compassionate, experienced, and ready to fight for you.