Understanding DUI Arrests in Las Vegas: Legal Implications and Next Steps
Whether you are a full-time resident or an occasional visitor to the city, you are probably not surprised to learn that DUI arrests in Las Vegas are a fairly common occurrence. If you were one of the many motorists arrested for DUI in Las Vegas, it is imperative to understand the serious nature of your legal situation. Toward that end, The Vegas Lawyers discuss the legal implications of a DUI arrest and explain what steps should be taken if you have been charged with driving under the influence in Las Vegas.
Nevada DUI Laws
Nevada law makes it a crime to operate a motor vehicle under any of the following circumstances:
- While impaired by drugs or alcohol.
- With a blood alcohol content (BAC) of 0.08% or higher.
- While under the influence of a controlled substance.
While the most common DUI scenario involves a defendant who submitted to a chemical breath test that showed a BAC level of 0.08 percent or higher, it is crucial to understand that DUI arrests in Las Vegas may also allege that a motorist was under the influence of illicit, prescribed, or over-the-counter drugs. It is also important to understand that the prosecution is not required to present evidence of a chemical breath test to prove that a motorist was “impaired” by alcohol while driving.
What Are the Potential Legal Consequences of a DUI Conviction in Las Vegas?
Driving under the influence is usually charged as a misdemeanor in Nevada if it is your first or second offense within a seven-year period. If convicted, you may be sentenced to up to six months in jail, community service work, a license suspension of 180 days as well as mandatory attendance at a victim impact panel and DUI school, installation of an ignition interlock device in your vehicle, and a fine of up to $1,000.
DUI arrests in Las Vegas can result in felony charges if it is your third DUI within a seven-year period, you have a previous felony conviction for driving under the influence or caused substantial bodily harm or death during the commission of the offense, or if you cause the death of another person (vehicular homicide) while driving under the influence and you have three or more previous convictions for DUI. If you are convicted for felony DUI in Nevada, you face significantly increased penalties, including a lengthy term of imprisonment and a much longer license suspension.
What Steps Should I Take After a DUI Arrest in Las Vegas?
Finding yourself in handcuffs and under arrest for DUI is usually a frightening experience. Knowing what steps to take next can be crucial to the final outcome of your DUI case. While every DUI arrest involves a unique set of facts and circumstances, common next steps include:
- Exercising Your Right to Remain Silent: A common mistake people make during a traffic stop that turns into a DUI investigation is believing they can talk the officer out of arresting them. You are far more likely to provide the officer with incriminating evidence that can be used against you in court if you answer questions (beyond providing basic identifying information) or engage in conversation. You have a right to remain silent, but you must exercise that right for it to protect you.
- Getting Released from Custody: If you do not have a lengthy criminal history, you may be released on your “own recognizance,” meaning you will not need to pay a bond, but you do promise to appear in court and abide by all release conditions. If a bond is required, and you cannot afford to pay it, a DUI defense attorney may be able to get your bond reduced at your initial court appearance.
- Retaining an Experienced Las Vegas DUI Attorney: The negative judicial and non-judicial consequences of a DUI conviction can impact your life for many years to come. With that in mind, the most important step you should take after a DUI arrest is to retain the services of an experienced Las Vegas DUI defense attorney. The sooner an attorney becomes involved in your case, the better your chances are of avoiding a conviction or minimizing the penalties if a conviction is unavoidable.
Contact A Las Vegas DUI Defense Attorney at The Vegas Lawyers
At The Vegas Lawyers, we are dedicated to aggressively protecting you and your rights if you are facing DUI charges in Las Vegas. Consult with an experienced DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.