Blog

Is driving through a sobriety checkpoint without stopping a crime in Las Vegas?

Posted by Neil Shouse | Feb 15, 2018 | 0 Comments

Yes. Once a driver enters a DUI roadblock in Nevada, NRS 484B.580 obligates the driver to stop and follow the police's instructions. Sometimes the police will just wave the driver through. But most of the time, an officer will detain the driver to ask some questions...

If the cop suspects the driver is intoxicated, the cop will investigate further by administering a preliminary breath test and field sobriety tests. Depending on the results of the tests, the officer will either arrest the driver for driving under the influence or let the driver leave. 

Checkpoint
Not stopping at a DUI sobriety checkpoint in Nevada is a gross misdemeanor carrying up to $2,000 in fines and/or up to 364 days in jail.

Driving through a Nevada sobriety checkpoint without stopping...or disobeying an officer at a sobriety checkpoint...is prosecuted as a gross misdemeanor under NRS 484B.580. The penalty is:

  • up to 364 days in jail, and/or
  • up to $2,000 in fines

But if the driver causes more than $1,000 in property damage...or if he/she seriously injures or kills someone...the driver faces charges for a category B felony. The sentence is:

A driver can be convicted of not stopping at a DUI checkpoint even if he/she was sober and committed no other traffic violation. Common defenses to charges of violating NRS 484B.580 include:

  1. The driver did not disobey the police,
  2. The checkpoint did not have adequate signage, and/or
  3. The police committed misconduct

Learn more in our article about Nevada DUI checkpoint laws.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370