Las Vegas DUI Attorney

DUI Lawyer in Las Vegas, NV

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. Do not hesitate. A  Las Vegas DUI defense attorney can help. Call the criminal defense attorneys at Adras & Altig for fast, dedicated legal services when you need help the most. We will review your criminal charges for free.

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.

No one should risk a potential conviction under Nevada’s complex and strict Nevada DUI laws. At Adras & Altig, Attorneys at Law, our experienced 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.

Our legal team of Las Vegas DUI defense lawyers works to gather all the evidence available in DUI arrests in Nevada to build a solid and persuasive defense for each of our clients. We will fight for your rights and aggressively argue for charges against you to be dismissed or reduced.

Schedule a free consultation to discuss your DUI arrest with our understanding Las Vegas criminal defense lawyers. We’re not here to judge you. Instead, a Las Vegas DUI attorney is here to help you and treat you with the personalized attention and respect you deserve. We pride ourselves on being available and responsive, so you will never be left wondering what is happening in your case.

Contact our law firm today to start building a strong defense against the Las Vegas DUI felony you face.

What to Expect If You’re Facing DUI Charges in Las Vegas, Nevada

Regardless of any alleged alcohol intake, the stress of being arrested for DUI in Las Vegas can make it challenging to keep up with what is being said and done as you are apprehended, booked, and jailed. However, you have a short time after a DUI arrest to take action to help yourself.

Within seven days of a DUI charge in Nevada, you must request an administrative hearing before the Department of Motor Vehicles to halt the suspension of your driver’s license. Otherwise, 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. But you must act to make it happen.

A courtroom trial on felony DUI is separate. However, suppose you are convicted of DUI in Nevada. In that case, you may face jail, fines, community service, vehicle impoundment, mandatory alcohol education classes, and mandatory attendance before a DUI victim impact panel. In addition, you’ll carry a criminal record forward from that point in time, which could adversely affect your employment prospects.

Getting a DUI in Nevada is a serious matter. The State of Nevada doesn’t care if it’s only your first time. Prosecutors will still seek the maximum sentence. That’s why you need someone who knows what they are doing to fight for you in court and in the DMV license revocation hearing.

Contact our experienced DUI attorneys in Las Vegas as soon as possible after an arrest, so we can begin fighting a legal process that, if left unchecked, can permanently damage your life.

How Do Our Las Vegas DUI Attorneys Defend DUI Charges Nevada?

We understand the embarrassment and stress that comes with being charged with DUI. However, being accused of DUI is not the same as being convicted of DUI. You have a right to every legal defense available to help you avoid jail, fines, loss of your driving privileges, and other penalties.

Our experienced Las Vegas DUI lawyer can provide a solid and strategic defense against DUI felonies. We will thoroughly investigate the circumstances of your arrest and the alleged evidence against you to evaluate your options. As a result, we may be able to reduce or drop the charges you face without you ever appearing in court.

It is not unusual for drunk driving charges to be dropped or dismissed because of:

  • Improper arrests, such as an illegal checkpoint, 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

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.

The State of Nevada also recognizes two special defenses for DUI charges:

  • 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.

The dedicated Las Vegas DUI lawyers at Adras & Altig have over a decade of experience successfully defending Nevada residents and out-of-state visitors who faced driving under the influence charges in Clark County. Contact our criminal defense lawyers now to learn how we can help you.

 

Who Can Be Charged with DUI in Las Vegas, Nevada?

A person may be convicted of driving under the influence 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 or above (0.04 percent for commercial licensees)
  • Having an alcohol concentration of 0.08 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 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

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.

Additionally, 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.

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.

Penalties for DUI/DWI in Las Vegas, Nevada?

A first or second conviction for DUI is considered a misdemeanor, a lesser crime than a felony. However, there are still stiff mandatory penalties.
Punishment for a 1st DUI conviction in Nevada includes:
  • A minimum fine of $400 (plus court and administrative costs)
  • 48 hours in jail or 48 to 96 hours of community service
  • Attendance at a course on the abuse of alcohol or drugs
  • Appearance before a victim impact panel. A victim impact panel consists of victims/survivors of DUIs and drunk driving accidents who share the impact the crime has had on them and their lives.

After a DUI conviction based on a BAC of 0.18 or more, the defendant must undergo an alcoholism evaluation. In addition, a defendant under 21 must have an alcohol evaluation regardless of their blood alcohol level.

Punishment for a 2nd DUI offense includes:
  • A minimum fine of $750 (plus court and administrative costs)
  • 10 days in jail or 10 days of house arrest
  • Appearance before a victim impact panel
  • A mandatory alcoholism evaluation (regardless of alcohol content level) and possibly additional counseling
  • Suspension of the defendant’s vehicle registration for five days.
Punishment for a 3rd DUI offense includes:

A third DUI offense within seven years of the first offense constitutes a felony, punishable by 1 to 6 years in prison and a $2,000 to $5,000 fine. The prior DUI convictions can be from Nevada or another state.

Killing or seriously injuring someone while driving under the influence is also a felony DUI in Nevada, even on a first offense.

An additional DUI conviction after a felony DUI conviction is punishable by 2 to 15 years in prison and a fine of $2,000 to $5,000.

After seven years after 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.

In the meantime, 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.

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. In addition, our lawyers may also be able to save your driving privileges.

Contact an Experienced Las Vegas DUI Attorney

If you or a loved one has been arrested for allegedly driving under the influence in Las Vegas, Nevada, do not try to fight these charges on your own, the best Las Vegas DUI lawyers at Adras & Altig, Attorneys at Law can help. A DUI conviction is expensive and can cause lasting damage to your life. Instead, contact our skilled criminal defense attorneys for a free consultation about protecting your rights and freedom.