In Nevada, you can be convicted of driving under the influence (DUI) for multiple reasons. Unfortunately, a conviction can mean the loss of your driver’s license, your freedom, and hundreds of dollars. An experienced Las Vegas DUI lawyer can help.
No one should risk a potential drunk driving conviction under Nevada’s complex and strict DUI laws. At Adras & Altig, Attorneys at Law, our Las Vegas DUI lawyers have more than a decade of experience successfully handling these complex cases. We know that there are two sides to every story, and drivers arrested for DUI are often charged before all the facts are available.
Do not hesitate. Call a Las Vegas DUI lawyer for your DUI arrest at Adras & Altig for fast, dedicated legal services when you need help the most. We will review your criminal charges for free.
What to Do After a DUI Arrest in Nevada
You must take action immediately.
Within the First 24 Hours:
- Contact an experienced criminal defense lawyer as soon as possible
- Don’t discuss your case with anyone except your lawyer
- Gather all documents from your arrest
- Write down everything you remember about the stop
Within 7 Days:
- Request DMV hearing (This step is critical as it prevents automatic suspension). Otherwise, the DMV can suspend even a first-time offender’s driver’s license for 90 days without a trial or guilty verdict.
- Schedule a consultation with a Las Vegas DUI lawyer
- Understand your driving restrictions
- Begin building your defense
When You Can Be Arrested for a DUI in Las Vegas
The standard for a guilty verdict under Nevada’s Illegal Per Se DUI law is a blood alcohol concentration of 0.08 percent or above. However, a person can be arrested and convicted of DUI in Nevada with less than a 0.08 percent blood alcohol concentration if they are believed to be under the influence of alcohol and/or a controlled substance, which includes prescription and over-the-counter medications.
You don’t even have to be driving to be charged with a DUI in Nevada — you are required only to be in “actual physical control” of your vehicle.
What is the DUI Arrest Process in Las Vegas?
While the process depends on the specific factors involved in the arrest, here is the general DUI arrest process in Las Vegas:
- Traffic stop: A police officer pulls you over if they suspect you are driving while intoxicated.
- Sobriety test: The officer may ask you to submit to a breathalyzer test or participate in a sobriety test, such as walking in a straight line or standing on one leg. Refusing to take the tests could result in arrest.
- Arrest and booking: You may be placed under arrest if the officer has cause to believe you are intoxicated. This involves being taken to a police station or jail, where you will have your fingerprints and a mugshot taken.
- Release: The court may request that you post bail or release you on your own recognizance. Otherwise, you will be held in custody until your court date.
- Court: The prosecution will review the evidence and potentially file charges against you, which could be a misdemeanor or a felony depending on the circumstances.
- Plea deal or trial: You can negotiate a plea bargain with the prosecutor, or your case will proceed to a trial.
- Sentencing: If you are found guilty of DUI, the judge will issue penalties.
It is crucial to contact an attorney as soon as possible, before your case goes to trial. That way, they can get to work immediately building your defense.
You May Be Convicted of a DUI in Nevada for Driving or Being in Actual Physical Control of a Motor Vehicle While:
- Driving under the influence of alcohol
- With an alcohol concentration of 0.08 percent or above (0.04 percent for commercial licensees)
- Having an alcohol concentration of 0.08 percent or above (0.04 percent for commercial licensees) within two hours of driving or being in physical control of a vehicle
- Under the influence of a controlled substance or the combined influence of alcohol and a controlled substance (requires a determination by a Drug Recognition Expert, or DRE)
- Driving or being in actual physical control of a motor vehicle with a specific concentration of a prohibited substance (drug) in the blood/urine
What About Drug-Related DUI Charges?
Note that the law considers it to be the same thing legally if you are under the influence of both drugs and alcohol or drugs or alcohol separately. Drug DUI charges have similar penalties to drunk driving.
DUI for Under 21 Drivers
Under Nevada’s Zero Tolerance Law, if a driver under the age of 21 has a blood alcohol concentration (BAC) of 0.02 or more but less than 0.08 percent, the State of Nevada will automatically suspend the person’s driver’s license for 90 days.
Can You Drive With Open Containers?
It is also illegal for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is being driven. The “open container” law is separate from Nevada’s impaired driving laws.
Consequences of a License Suspension
The DMV can suspend even a first-time offender’s driver’s license for 90 days without a trial or guilty verdict.
Suppose your license is suspended for 90 days (or a year or more on subsequent offenses), you must pay reinstatement fees and penalties, complete several DMV tests, and buy expensive specialized auto insurance to have driving privileges restored.
If you need to drive — for work, school, the doctor, or groceries — you can apply for a “restricted license” after a certain period. However, you must take action to make it happen.
When Can I Have My Record Sealed After a DUI?
After seven years from the date of a DUI conviction in Nevada, you can petition the court to have your record sealed, but it’s a complicated, time-consuming, and expensive process. And the court could reject your attempt.
Consequences of a DUI
A DUI conviction can damage future employment and educational opportunities. Most employers require background checks that quickly uncover misdemeanor or felony DUIs. A DUI can also prevent you from qualifying for housing applications and college admission, making you ineligible for many scholarships or financial aid packages.
Alternatives to DUI Sentencing
A DUI defendant can apply to attend an alcohol or drug abuse treatment program in lieu of sentencing for a first or second offense. The program requires a diagnosis of alcoholism or drug addiction, and it must last at least six months on a first offense and one year for a second offense. This program is not open to defendants whose blood alcohol level is 0.18 or more.
In most first-offense DUI cases that do not have aggravating circumstances (such as a car crash), our Las Vegas DUI attorneys can build a defense to save you money and time. Additionally, our lawyers may also be able to help you retain your driving privileges.
When Can a DUI Charge Be Dismissed?
- Improper arrests, such as an illegal checkpoint, a lack of probable cause for a traffic stop or to conduct a field sobriety test, or failure to advise of Miranda rights
- Unreliability of field sobriety tests, including the adverse effect of environmental factors (wet roads, flashing lights, crowds, disadvantageous footwear, etc.) or personal factors, such as a defendant’s prior injury or physical or mental disability
- Problems with evidence, such as a breath test conducted beyond the two-hour time limit or an officer not being certified to operate the breath machine
- Unreliable or unavailable witnesses, which is not unusual in a tourist destination like Las Vegas
- Evidence that supports the defendant’s innocence, such as witness statements attesting to sobriety or that the drinking began after the person parked the car
What is the 2-Hour Rule for DUI in Nevada?
Nevada’s 2-hour rule allows prosecutors to use blood or breath test results taken within 2 hours of driving as evidence of impairment while driving. This means:
- Tests don’t have to be administered roadside
- BAC can be measured up to 2 hours after arrest
- Rising blood alcohol defense may still apply
- Timing becomes crucial in defense strategy
The law now specifically excludes a person from arrest who is:
- Sleeping
- Not in the driver’s seat
- Unable, under the facts presented, to have driven the vehicle to its current location while under the influence
- In a vehicle that is lawfully parked
- In a vehicle with the engine turned off
Someone who has chosen to sleep in the car’s back seat with the engine turned off instead of driving after drinking should not be charged with DUI.
Nevada-specific Defense Strategies
The State of Nevada also recognizes two special defenses for DUI charges: medical episode and necessity.
- Medical episode: A DUI charge should be dismissed if the driver can show that a medical condition, rather than impairment, caused a crash, erratic driving, or whatever incident led to the traffic stop, arrest, etc.
- Necessity: If the defendant drove to avoid physical harm, such as to flee an assault or to obtain assistance for a passenger needing emergency medical care, the “lesser of two evils” may be weighed and charges dismissed.
What Are the Chances of Getting a DUI Dismissed in Nevada?
Dismissal rates vary based on case specifics, but common successful outcomes include:
- Complete dismissal due to procedural errors
- Reduction to reckless driving
- Reduced penalties through negotiation
- Favorable plea agreements avoiding jail time
Success depends on the quality of evidence, arrest procedures, and the attorney’s experience with Nevada DUI law.
DUI Plea Options in Nevada
Common plea arrangements in Nevada DUI cases include:
- Reckless driving: Reduced charge with lesser penalties
- Reduced DUI: Lower-level DUI with minimized consequences
- Time Served: Jail credit for time already spent
How Much Does a DUI Lawyer Cost in Las Vegas?
DUI attorney fees in Las Vegas typically range from $2,500-$5,000 for misdemeanor cases and $5,000-$15,000 for felony cases.
At Adras & Altig, we offer:
- Free initial consultation
- Flat fee arrangements (no surprise bills)
- Payment plans available
The total cost of a DUI conviction in Nevada often exceeds $10,000 when including fines, license reinstatement, insurance increases, and lost opportunities.
