All states have stringent DUI laws with stiff penalties, and Nevada is no exception. Nevada DUI laws are set forth in NRS 484C.110. Whether your DUI charges will result in a conviction, or what penalties you will receive can be influenced by many different factors. Your blood alcohol will of course be looked at, but also your age, whether you have had previous offenses, and whether you hurt anyone.
A Nevada DUI lawyer will be able to assess the particular facts of your case and determine what the likely penalties will be. He or she will also know what defenses may be available to you, whether a plea bargain is possible, and other legal options that may be available to you that you may not be aware of.
The prosecution usually relies on several criteria to prove a DUI case:
1. The defendant smelled, moved or acted like an intoxicated person;
2. The defendant was not driving normally;
3. The defendant failed the field sobriety test;
4. The defendant failed a breath or blood test. (Check out our article on the choice between taking a breath or blood test after a Nevada DUI arrest.)
A skilled lawyer will be able to disprove each of these elements and can greatly change the outcome of your case.
Never Assume You Are Convicted
Often people are charged with a DUI and assume they are done for. They know that their blood alcohol level exceeded the legal limit of .08% and they are resigned to their fate. In many instances this is far from the case. The accuracy of breathalyzer results may be in question, or perhaps the circumstances surrounding your arrest were unclear.
Even if this is your first DUI offense, you are potentially looking at fines, probation, a restricted license, and possible jail time. If you have more than one DUI conviction, or if there are aggravating circumstances present, the penalties are extremely harsh. An experienced Nevada DUI lawyer may be able to mitigate some of the possible punishments you are facing and ensure that you receive the best possible result for your case. (For information on Nevada DUI law, see our articles about Nevada police holding DUI arrestees until sober and DUI Diversion in Douglas County.)