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Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Las Vegas Defense Group has been voted Best DUI Lawyer – Gold Winner multiple times by the Las Vegas Review Journal’s Best of Vegas survey!
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.
Call us 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. We also offer free consultations on all Nevada criminal defense cases.
Las Vegas Defense Group is a 6-lawyer defense team that has 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 to our section on Nevada DUI offenses A to Z.
The typical penalties for a first offense of drunk driving as a misdemeanor are:
If the defendant’s blood alcohol concentration (BAC) is 0.18% or greater, the defendant will also have to submit to an alcohol/drug dependency evaluation, do rehab, and drive with an ignition interlock device (IID) for one-to-three years. Defendants are responsible for paying for IID installation and monthly monitoring.1
A second-time DUI within a seven-year period is also a Nevada misdemeanor, but there is a mandatory minimum jail sentence of 10 days. The full sentence includes:
If the defendant’s BAC is 0.18% or greater, the defendant will also have to install an ignition interlock device in his/her vehicles for one to three years and pay for all associated costs.
But it may be possible to avoid jail by completing misdemeanor DUI Court, an extensive rehabilitation program.2
A third-time DUI in a seven-year time span is an automatic category B felony in Nevada. The punishments include:
But it may be possible to avoid prison by completing felony DUI Court, an extensive rehabilitation program.3
There are three circumstances where driving under the influence is a felony in Nevada, and each carries a different prison sentence:
Usually, people charged with DUI/DWI do not have to go to court as long as their Nevada criminal defense lawyer appears on their behalf. Defendants will have to show up in the rare event the case goes to trial (or a preliminary hearing in felony drunk driving cases).
Some judges request that defendants attend their sentencing hearing. But most accept a notarized written entry of plea instead.
Each arrest for driving under the influence opens a criminal case as well as a DMV case. Defendants must win both in order to keep their driving privileges. The DMV case is actually more difficult to win than the criminal case since the DMV demands a much lower burden of proof.
Fortunately, first-time drunk driving defendants who lose the DMV hearing can often obtain a restricted license right away.5
Yes, a misdemeanor drunk driving conviction stays on defendants’ criminal records for seven years before it can be sealed. And felony DUI convictions remain on defendants’ records forever. That is why it is so important to have an attorney fighting to get the DUI charges reduced to reckless driving or dismissed.6
Yes. Nevada prohibits driving while impaired by drugs or alcohol, even if the driver’s blood does not contain illegal levels of drugs or alcohol.
Conversely, it is also considered DUI to drive with an illegal blood alcohol content (BAC), even if the driver is not intoxicated. Nevada makes it automatically illegal to drive with a BAC of:
There are many ways to cast doubt on a defendant’s BAC results for driving under the influence of alcohol or controlled substances. Perhaps the breath or blood testing equipment was defective or mishandled. Maybe a medical condition or other external factors caused a falsely high reading. And even if the BAC results were accurate, judges can dismiss DUI criminal charges over police misconduct alone.
There are several benefits to getting a misdemeanor DUI charge lessened to reckless driving. First, defendants convicted of misdemeanor reckless driving have to wait only one year after the case ends to petition for a criminal record seal (as opposed to seven years following a misdemeanor DUI conviction).
Secondly, a reckless driving conviction – unlike a DUI conviction – does not trigger a driver’s license suspension. Therefore, DUI defendants who get a charge reduction can avoid a license suspension as long as they also win the DMV hearing.
Finally, if defendants pick up another DUI arrest in the future, the earlier reckless driving conviction will not count as a prior DUI. This is important since DUIs carry harsher penalties with each successive conviction.8
Nevada criminal defense attorneys fight to get DUI charges dismissed or reduced. Prosecutors typically rely on four kinds of evidence when attempting to prove a drunk driving charge in court:
Each of these “pieces of evidence” can possibly be dismantled by a seasoned Las Vegas criminal defense attorney who knows the best ways to attack the state’s case. For instance, did you know:
For a fuller discussion of these issues, refer to our article How to Fight a Las Vegas, NV Drunk Driving Case by the experienced Las Vegas DUI attorneys of Las Vegas Defense Group.
NRS DUI law forbids prosecutors from dismissing or reducing drunk driving charges unless there is insufficient evidence to secure a conviction. Therefore, defendants need aggressive Las Vegas DUI attorneys and trial lawyers to investigate every detail to weaken the state’s case.
And the fact is that prosecutors are more likely to negotiate a good plea deal when a law firm with experienced DUI defense lawyers represents the defendant.
A DUI arrest results in two separate proceedings: the court case and DMV case.
Of course. We offer remote consultations over the telephone or video conference. We can process all paperwork through email.
COVID-19 has not slowed down DUI arrests, so our attorneys at Las Vegas Defense Group are continuing to fight our hardest in pursuit of charge dismissals or reductions.
It depends on the case. We offer flexible payment plans and discount prices.
Arrested in California? Go to our information page on California drunk driving laws.
Arrested in Colorado? Go to our information page on Colorado drunk driving law.
Call our Las Vegas DUI lawyers for a free consultation on all your legal issues. Our criminal defense law firm has years of experience serving clients throughout Clark County (including North Las Vegas and Henderson) and the state of Nevada. We also handle traffic tickets, domestic violence, personal injury and family law.
The attorneys at Las Vegas Defense 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 702-333-1600 for a free case evaluation.
Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.
Las Vegas Defense Group has multiple locations throughout Nevada. Click Office Locations to find out which office is right for you.
Yes. Driving while impaired by marijuana is considered a DUI in Nevada. Under Nevada law, a person can be arrested for DUI with marijuana for either of the following three actions: driving having ingested marijuana to a degree which renders the driver incapable of safely driving or exercising actual physical control of a vehicle, or ...
No. Nevada law’s prohibition against driving while under the influence of drugs or alcohol does not extend to bicycles, electric bikes, or skateboards. Cycling under the influence is not a crime in Nevada. However, drunk or high cyclists risk being arrested for reckless endangerment (NRS 202.595). Legal definition Reckless endangerment is a very broad offense ...
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 ...
If you’re on probation in Riverside County, California, you no doubt want your probationary period to end sooner rather than later. California law provides judges with the power to set the length of probation as well as modify the terms of probation. As such, judges can shorten the length of probation for individuals who file ...