DUI Penalties

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DUI Penalties in Las Vegas, NV

What Factors Decide the Penalties for DUI?

Many factors ultimately go into deciding the penalties you might face for a DUI in Nevada.  These include the number of previous DUI convictions and your level of intoxication or controlled substances in your system. 

Several states have what is known as a “look-back period” for prior DUI convictions. If your previous conviction is within the look-back period, then you can face harsher penalties.  But if it’s outside the period, then it won’t be classified as a previous DUI conviction. 

The state of Nevada has a look-back period of seven years.  

What If This is My First DUI?

A first-time DUI in Nevada is classified as a misdemeanor and can include the following: 

  • $400 – $1000 fine + court costs. For example, Las Vegas DUI courts can charge up to $810 depending on whether it is Municipal or Justice Court.
  • 8-hour DUI School + $150 cost 
  • Attendance at Victim Impact Panel + $40 cost 
  • 2 days (or 48 – 96 hours of community service) to up to 6 months in jail
  • Up to 185 days of license revocation 
  • Possibility of ignition interlock device (IID) requirement + its cost

Will I Go to Jail?

Depending on whether you are a first, second, or third offender, you can receive jail time. 

  • First Offense: 180-day maximum jail time, mandatory 2 days or 48-96 hours of community service depending on the judge.  
  • Second Offense: 180-day maximum, mandatory 10 days in jail or house arrest.
  • Third Offense: 1-6 years in prison. 

Jail time is highly influenced by the severity of the case.  If you seriously injure or kill someone while under the influence of drugs or alcohol, you’ll be charged with a felony DUI, receive harsher penalties, and potentially be sentenced to life imprisonment.  Given what’s at stake, it’s extremely important to have an attorney that truly understands the process. 

What Fines Will I Have to Pay?

All DUI convictions come with imposed fines, and the amount varies depending on the case. 

  • First Offense: Between $400 – $1000 + additional court costs 
  • Second Offense: Between $750 – $1,000 + additional court costs
  • Third Offense: Between $2,000 – $5,000 + additional court costs

Getting convicted of a DUI/DWI, regardless of whether it is your first offense or not, results in large financial ramifications.

Can I Avoid Getting My Driver’s License Revoked?

Depending on the case, your attorney can act to find options to potentially avoid a license revocation. However, it may be mandatory.  In Nevada, the hearing to challenge license revocation occurs within a short time after the DUI arrest.

  • First Offense: at least 185 days 
  • Second Offense: 1 year
  • Third Offense: 3 years

Your license will stay revoked until after you apply for a reinstated license after the revocation period has ended.

Your license revocation will stay on your DMV record for the rest of your life, unless you seek to have it sealed.  For a three-year period following revocation, insurance companies will be notified of your conviction.  In addition, the DMV can alert other state DMVs, courts, and law enforcement.

How Long Does a DUI Stay on My Record?

Any record of DUI arrests and/or convictions can follow you for the rest of your life.

Background checks will reveal any criminal conviction, as they are public records.

A DUI conviction stays on your record for seven years in the state of Nevada. If in the seven-year look-back period you don’t find yourself in any other legal trouble or DUI convictions, you have the option to seal your record

Additional DUI Penalties You Face

There are other DUI penalties that you can face, and they vary from state to state. 

You May Be Given an Ignition Interlock Device (“IID”)

The IID is a device installed in an individual’s car preventing the ability to start the car until after blowing into it and passing the breath alcohol test. The time limitations are as follows:

  • First Offense: 185 if BAC less than 0.18% and 1 – 3 years if BAC is greater than 0.18%
  • Second Offense: 185 days if BAC is less than 0.18% and 1 – 3 years if BAC is greater than 0.18%
  • Third Offense: 1 – 3 years

You May Undergo Alcohol or Substance Evaluation

Depending on the severity of the case, you may be court-mandated to undergo an evaluation for alcohol or controlled substance issues. 

In most locations, courts do not cover the cost of the evaluation, so expect to pay for this out of pocket. These assessments assist in deciding the period of sentencing and the need for rehabilitation treatment.

You May Have to Enroll in Alcohol Education Programs

Most likely you’ll have to enroll in an alcohol education program and pay for it. 

In many states, including Nevada, even first-time DUI offenders have to complete a program, usually around 8 hours.

You Can Be Ordered To Attend A Victim Impact Panel Program

A victim impact panel or “VIP” as it’s often informally called is an awareness program for DUI offenders.  The VIP allows offenders to witness and better understand the consequences of their actions by hearing the stories of victims and others impacted by DUIs.  This is a generally a stand-alone program that the court will order a convicted offender to take as part of a first time offense for DUI. 

You Can Face Substance Use Treatment

Courts can impose court ordered substance use treatment such as rehabilitation. The judge has the discretion to specify what type of treatment, such as Alcoholics Anonymous (AA) or inpatient rehabilitation programs for alcohol or drug abuse. 

Failure to comply or show proof of attendance can result in harsher penalties such as higher fines and jail time. 

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Contact The Vegas Lawyers If You’re Facing DUI/DWI Charges in Las Vegas, Henderson, North Las Vegas, Boulder City, Searchlight or Pahrump!

Don’t gamble with your future.  Whether you live in southern Nevada or you’re a tourist from out of town and you’re now facing DUI charges, it’s important to have the best possible DUI team on your side.  The penalties involved with a DUI can be severe and life altering.  Known to many as the best DUI attorneys in Las Vegas, our strong team of lawyers and paralegals brings a sense of compassion and understanding in our representation of our clients.  We have the experience to make sure you get the least amount of penalties possible.

If you’ve been arrested for driving under the influence of alcohol, marijuana, or drugs in Las Vegas, contact The Vegas Lawyers today!  Or call us direct at (702) 707-7000. 

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