DUI’s Las Vegas (DUI)

DUIs

Facing a charge of drunk driving in Nevada could cause life-altering consequences. Fines and possible jail time are only a few of the many penalties you may face. An individual faced with DUI charges faces “minimum mandatory” punishments, which the court must impose after an individual is convicted. A blood alcohol concentration (BAC) of .08 percent or above is prohibited. The .08 BAC standard is the measurement used across the United States for an “impaired” driver. In Nevada, there are lower limits for drivers under the age of 21 as well as commercial driver however, drivers can be arrested and convicted of being under the influence with a score lower than .08 if they are found to be under the influence of other controlled or prohibited substances such as cocaine, marijuana, and other drugs. Penalties are harsh, even for individuals with no prior record. To be convicted, a prosecutor must prove beyond a reasonable doubt that the following occurred:
  • You drove or were in actual physical control of a motor vehicle
  • You were on a highway or premises to which the public has access
  • You drove while under the influence of intoxicating liquor
  • You had a concentration of alcohol of 0.08 or more within two hours after driving, or being in actual physical control of a motor vehicle; and/or controlled substance.
If you are convicted of driving under the influence of alcohol and/or a controlled substance, the following penalties may occur: Jail: For a first DUI, the court must impose between 48 hours in jail or up to maximum of (6) months in jail. Alternatively, the court can impose ninety-six (96) hours of community service in lieu of any jail time. Assessments and Fines: For a first DUI, the court must impose assessments and fines that total a minimum of $400 to a maximum of $1,000.00 in addition to court costs. Suspension of Driving Privileges: A First DUI conviction requires the DMV to impose a three month or (90 day) suspension of driving privileges. Alcohol Treatment: If your DUI arrest involved a blood alcohol concentration of .08% or more, you may be required to complete an alcohol treatment program approved by the Health Department of Nevada.

Penalties for Second Offense Driving Under the Influence

The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense with the past SEVEN (7) years. When an individual enter a guilty or “no contest” plea, the court must impose the following punishments:
  • Jail: 10 days in jail or up to a maximum of 6 months in jail.
  • 100 to 200 hours of community service
  • A minimum fine of $675 up to $1,175
  • Suspension of Driver’s license for 1 year
  • A program of treatment for the abuse of alcohol or drugs
  • Breath Interlock device from 6-12 months
  • Pay for and attend the Victim Impact Panel
  • $35 penalty to the Department of Motor Vehicles

Third Offense

  • A conviction of three or more offenses within 7 years of the date of the first arrest becomes a FELONY.
  • A minimum of 1 to 6 years in the State Prison
  • A minimum fine of $2,085 up to $5,085
  • Breath Interlock device from 12 to 36 months from release from prison
  • Pay for and attend the Victim Impact Panel
  • $35 penalty to the Department of Motor Vehicles
  • Amounts may vary due to court changes.
  • Accidents that result in death or substantial bodily harm
  • If you are convicted of a drunk driving offense in which an accident occurred that resulted in the death or substantial bodily harm to another person, it is a
  • FELONY conviction, even it is just your first offense.
  • A Minimum of 2 years and a maximum of 20 years in prison
  • A minimum of $2,000 up to a maximum of $5,000

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