DUI Lawyer in Henderson, Nevada
Driving While Under The Influence in Henderson
Are you facing DUI charges in Henderson, Nevada? If so, you need a good lawyer in your corner, especially one that understands the process and procedures in Nevada courts, including those in Henderson, and is well respected by the local judges. The main thing to understand is that, whether you’re being prosecuted in Henderson or anywhere else in Nevada, the law is the same in every courtroom.
Henderson is one of Nevada’s largest cities, second only to Las Vegas. Like its big sister city, Henderson has many fun and entertaining diversions, such as casinos, nightclubs, bars, and distilleries. Unfortunately, this combination can lead to missteps, such as getting behind the wheel while intoxicated.
If you’re facing DUI charges in Henderson, you need a lawyer that can help you with every aspect of your case, including navigating the Henderson Justice Court. Indeed, having a lawyer that can explain the type of penalties you might face will help you make intelligent decisions about your case. Whether you’re facing a first, second or third DUI offense, you want to make sure you have the best possible representation on your side. You want a lawyer that thoroughly understands the difference between blood and breath tests and how to attack these tests when possible. You want a lawyer that can explain to you the concept of implied consent and the DMV license suspension process, including possibly appearing with you at DMV to fight the suspension.
DWI vs. DUI In Henderson – What’s The Difference?
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:
- Cocaine metabolite
- Heroine metabolite
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.”
How A DUI Impacts Your Life
A DUI is not like any other traffic violation. It’s one that has a tremendous impact on your personal life, career, and reputation. Here are some ways in which a DUI in Henderson can negatively impact your life.
- Jail time
- Criminal record (see here to learn more about record sealing)
- Loss of employment
- Potential revocation of professional licenses if you’re a doctor, lawyer, realtor, CPA, etc.
- Difficulty finding new employment (your conviction is public record, and potential employers can find out about it during a background check)
- You may face a civil lawsuit by injured parties or the family of a person who was injured or killed as a result of your actions
- Auto insurance rates may increase, or your insurance company might drop your plan altogether
- Damaged personal relationships
Choose a Legal Team That Knows How to Navigate Henderson Justice Court If You’re Facing DUI Charges
One of the principal attorneys at The Vegas Lawyers, Tony Abbatangelo, Esq., was once the Chief Judge of the Las Vegas DUI court. Mr. Abbatangelo is very well-respected by the Judges of Henderson Justice Court and he knows the ins and outs of Nevada’s DUI laws.
If you’re facing DUI charges in Henderson, you want the entire team at The Vegas Lawyers working for you. Why? Because few law firms have the same depth of experience and skills as The Vegas Lawyers. As a judge, Mr. Abbatangelo has seen DUI cases fought from every possible angle. He and the entire legal team at The Vegas Lawyers are well-respected amongst other lawyers, courts staff in a number of different courts, those specifically within the Henderson Justice Court system, and the community as a whole.
A DUI in Henderson is a serious offense. You need a legal team on your side who will successfully ensure that your rights are protected. You have questions, we have answers. This is no time to gamble with your lawyer! Call The Vegas Lawyers today at (702) 707-7000 or get in touch now through our website.