DUI cases in Las Vegas are almost never cut and dry. Even if your breathalyzer or blood test came back over the limit, there are often many issues an experienced DUI lawyer can use to get the charges reduced -- or even dismissed.
Phone us at 702-DEFENSE (702-333-3673) to schedule a free case evaluation with one of our experienced Las Vegas DUI defense attorneys. We can consult over the phone, or we can sit down with you at our office on Sahara near the I-15 freeway.
Las Vegas Defense Group is a 7-lawyer defense team that recently got awarded the "Best Criminal Defense Firm" by the Las Vegas Review Journal's Best of Vegas survey.
We've helped hundreds of clients have their DUI charges reduced to reckless driving or dismissed altogether, and to keep their driving privileges intact. To read more about specific topics, go our section on Nevada DUI offenses A to Z.
How The Las Vegas DUI Process Works
Every DUI arrest in Las Vegas triggers two separate proceedings: the court case and the DMV case.
1. The court case
Following a Nevada drunk driving arrest, the police officer typically provides you a citation to appear in court at a later date to enter a plea and answer to the charges. If the charge is for only a misdemeanor, your attorney can appear on your behalf (meaning you do not have to go to court youreslf).
Your attorney will compile the police reports, lab reports, the maintenance history of the breath machine, as well as other evidence. We will run motions and negotiate with the Clark County District Attorney to try to get the drunk driving charges lessened or dropped. If an agreement with the prosecutor is beyond reach, you are entitled to a bench trial before a judge where we would fight for a NOT GUILTY verdict.
If you are convicted, the penalties for DUI in Nevada on a first offense are:
- $400 to $1,000 in fines;
- 8 hour DUI School (which can usually be done online);
- attendance at a Victim Impact Panel (such as MADD);
- 2 days to 6 months in jail (usually the judge suspends the jail sentence or orders 48 to 96 hours of community service); and
- a 185-day driver's license revocation (though it may be possible to get a restricted license with an ignition interlock device)
2. The DMV case
If you are arrested for DUI in Nevada, you are entitled to a Nevada DMV hearing where you or your attorney can fight to keep your license. If you win the hearing, you may be able to avoid a license suspension. If not, your Nevada driver's license will go into suspension temporarily. However, you may be able to continue driving with an ignition interlock device.
If you reside out of state, the Nevada DMV will notify the DMV in your home state about the DUI arrest. Your home state DMV will most probably impose a driver's license suspension action of their own. (Learn more about the DUI court process.)
Fighting a Nevada DUI Case
Nevada prosecutors typically rely on four kinds of evidence when attempting to prove a drunk driving charge in court:
- the defendant was not driving in a regular, sober manner,
- the defendant smelled, spoke, walked and acted like an intoxicated person,
- the defendant was unable to perform the roadside field sobriety exercises correctly, and
- the defendant's breath test or blood test returned a blood-alcohol level above a .08%.
Each of these "pieces of evidence" can possibly be dismantled by a seasoned DUI attorney who knows the best ways to attack the state's case. For instance, did you know:
- University studies demonstrate that trained law enforcement officers are no better than average social drinkers at discerning whether a person is intoxicated...and they get it wrong most of the time!
- The federal government mandates a set of procedures for how police must administer the roadside sobriety tests...but the police almost never follow these processes correctly!
- DUI breathalyzers are prone to false positives and can be "tricked" into inaccurately high reading by common conditions like heartburn, acid reflex, braces, cavities, dental pockets, burping, diabetes, high-protein diets, and residual alcohol inside the defendant's mouth!
For a fuller discussion of these issues, refer to our article How to Fight a Las Vegas Nevada DUI Case.
And for more on how our attorneys plea bargain down drunk driving charges, refer to our article on how to reduce a DUI to reckless driving in Nevada.
Arrested in California? Go to our information page on California DUI laws.
Arrested in Colorado? Go to our information page on Colorado DUI law.
Contact our Las Vegas drunk driving lawyers for help
Every day dozens of people plead guilty to Las Vegas DUI charges even though the state's evidence is highly problematic. DUI defendant are always advised to have a skilled attorney evaluate their case before taking a plea. The sentence may be lowered. Charges may be reduced or dismissed. The case may be won at trial.
The lawyers of Las Vegas Defense Group are experienced in fighting every type of Nevada driving under the influence case, especially first offense DUI, second offense DUI, driving on a suspended license charges, felony DUI, DUI of drugs, DUI of marijuana, DUI causing injury, and vehicular homicide.
We are pros at scrutinizing the prosecution's case, finding every instance that the Las Vegas police made a mistake, unearthing evidence that shows your innocence, and guiding you through the Clark County Court System. Our mission is to give you the greatest odds of avoiding the consequences of a conviction and a license suspension.
If you are facing DUI charges in Las Vegas, we hope you will join us for a free case evaluation before making any decision as to how to proceed.