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 including for 2024!
DUI cases in Las Vegas are seldom 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 for a case evaluation with one of our experienced Las Vegas DUI defense attorneys near you. We can
- consult over the phone or
- sit down with you at our law office on Sahara near the I-15 freeway.
Las Vegas Defense Group is a 6-lawyer defense team that has helped hundreds of clients get their DUI charges reduced to reckless driving or dismissed altogether while keeping their driving privileges intact. To learn more, go to Nevada DUI offenses A to Z or keep reading below.
- Can I get a good plea deal without an attorney?
- What if I was obviously guilty?
- Can I just use a public defender?
- Do I have to go to court?
- Can you guarantee results?
- Can I hire you without coming to your office?
- How much do you cost?
- Will I lose my driver’s license?
- Can I get a DUI if I was under the limit?
- Can I get a DUI if I was sober?
- What if I took drugs?
- Penalties for a 1st or 2nd DUI
- When is DUI a felony?
- The DUI Court Process
- Keeping DUIs Off Your Background Check
Can I get a good plea deal without an attorney?
Nevada law actually prohibits prosecutors from reducing or dismissing DUI charges unless they can show the judge there is not enough evidence to convict you. Therefore, the reason you hire experienced Las Vegas DUI lawyers is to scour the case file for every weak link in the state’s evidence.
If we can cobble together “reasonable doubt” as to your guilt, only then will the prosecutors consider lessening or dropping your charge. Non-lawyers without an extensive background in DUI cases simply do not know where to find potential weak links in the state’s case.
What if I was obviously guilty?
Even if you did drive drunk or high, the police might have committed misconduct that throws your guilt into question. For example, our Las Vegas DUI lawyers have gotten entire cases thrown out just by showing that:
- the police lacked reasonable suspicion to pull you over,
- the field sobriety tests were not administered correctly,
- you had a medical condition (such as GERD) that caused an inaccurate breath test result,
- your impairment was due to non-alcohol- or non-drug-related reasons, such as fatigue,
- you were not in control of the vehicle at the time you were impaired, or
- there were problems with the breath- or blood-testing equipment and procedures.
Can I just use a public defender?
Public defenders have thousands of clients and simply lack the time and resources to put up a strong defense. As the following graphic shows, most of the time they do not even return your phone calls.
It takes a lot of digging to find mistakes made by law enforcement. We may have to file motions with the court demanding the D.A. produce certain evidence they are hiding. Sometimes we hire toxicology experts and accident reconstruction experts to cast doubt on the state’s allegations.
In addition, we research all the relevant statutes and case law for any constitutional precedents, state regulations, or loopholes that could work in your favor. Plus, our legal team takes dozens of hours of CLE (continuing legal education) each year, so we stay on the cutting edge of the most effective defense strategies available.
Your chances of finding evidence helpful to your defense are infinitely higher with skilled Las Vegas DUI attorneys fighting fire with fire. If you rely on a public defender who has no time to delve into your case, you are all but guaranteed a DUI conviction. It makes no difference if you had no prior brushes with the law.
Do I have to go to court?
That is another plus of hiring a Las Vegas DUI lawyer. Nevada judges allow you to skip court as long as your private counsel appears in your place.
The only times you are required to appear in person are if the case goes to preliminary hearing or trial, which is very rare. If you end up taking a plea, some judges may want you to be present if you live locally. Though in most cases, we can enter your plea without you present.
If you do not hire private counsel, you absolutely have to be present at every single court hearing. Otherwise the judge will issue a bench warrant for your arrest. You can then be apprehended at any time, and the warrant will show up in background checks.
Can you guarantee me results?
As with doctors, it is not ethical for attorneys to guarantee outcomes. However, we can guarantee that:
- we craft the most effective defense we can that is custom-tailored to your particular case,
- we use every feasible strategy available to attack the state’s case, and
- we vigorously investigate, negotiate, and litigate in pursuit of the best available outcome.
Judges almost always sign off on plea deals that we and the prosecution agree to. Therefore if you choose to take a plea, you can be almost certain what the outcome will be. Going to trial is always riskier.
Can I hire you without coming to your office?
Absolutely. We love meeting our clients in person, though Las Vegas Defense Group can handle the entire process over phone and e-mail.
How much do you cost?
Our law firm’s retainer depends on the complexity of your individual case and whether you are facing misdemeanor or felony charges. Either way, Las Vegas Defense Group offers flexible payment plans.
In the same way you would rely on a specialist to operate on you, you should hire experienced DUI counsel to defend you against drunk driving criminal charges.
Will I lose my driver’s license?
Each arrest for driving under the influence in Nevada opens a criminal case and a Department of Motor Vehicles (DMV) case. You must win both cases to keep your driving privileges.
Your DMV case is actually tougher to win than your criminal case because the DMV requires a much lower burden of proof: The state only has to show the DMV there is “some evidence” you committed DUI, whereas criminal prosecutors have to prove your guilt beyond a reasonable doubt.
That is another reason why hiring Las Vegas DUI lawyers is so important. We have appeared at literally thousands of DMV hearings and know from experience which arguments are most likely to save your license.
In the event the DMV does revoke your driver’s license, the revocation period is typically:
- 185 days for a first offense,
- 1 year for a second offense, and
- 3 years for a third offense or for any felony DUI.
Also, refusing to take a breath- or blood test after your arrest triggers a one-year license suspension whether or not you end up getting charged for driving under the influence!
Fortunately, even if your license does get revoked for DUI, you are usually allowed to keep driving as long as you get an ignition interlock device (IID) installed in your vehicles.1
Can I get a DUI if I was under the limit?
Yes. Nevada prohibits driving while impaired by alcohol even if your blood alcohol content (BAC) is legal (below 0.08%).2 Common signs of impairment include:
- swerving,
- having bloodshot or watery eyes,
- slurring your speech,
- smelling of alcohol, and
- failing the field sobriety tests.
Therefore, “lightweights” or people who are not used to drinking are more likely to get busted for driving under the influence with lawful blood levels.
Can I get a DUI if I was sober?
That is also a yes. It is an automatic DUI – called “DUI per se” – to drive in Nevada with an unlawful blood alcohol concentration (BAC) of at least:
- 0.08% for adults 21 and older,
- 0.04% for commercial drivers, or
- 0.02% for under-21 drivers.
It does not matter if you are not intoxicated and are driving perfectly safe. Driving with an illegal BAC is per se illegal.3
What if I took drugs?
Nevada laws for drunk driving and drugged driving are very similar and carry identical penalties.
Driving impaired by drugs is a crime even if your blood shows only small amounts of the drugs. It does not matter whether the drug is an illegal narcotic, a prescription controlled substance, or an over-the-counter medication.
Conversely, even if you are un-impaired, driving with illegal levels of drugs in your blood is per se illegal. Illegal levels include at least:
- 50 nanograms of cocaine or heroin per milliliter of blood or
- 100 nanograms of methamphetamine per milliliter of blood.
Nevada law is a little different for marijuana, which is now legal to possess for recreational purposes. You cannot be convicted of DUI of marijuana merely for having illegal levels of marijuana in your blood unless you have two prior DUI convictions. Illegal THC levels are at least:
- 2 nanograms of active THC per milliliter of blood and
- 5 nanograms of THC metabolite per milliliter of blood.4
Note that drugs can stay in your blood for days, whereas alcohol usually leaves your blood within 12 hours. Therefore, you can get convicted of drugged driving per se long after you consumed the drugs.5
Penalties for a 1st or 2nd DUI
Under Nevada DUI laws, the punishments for driving under the influence of drugs or alcohol grow harsher if you have any prior DUIs within the last seven years.6 The following table spells out the typical sentences.
| NEVADA DUI PENALTIES | First DUI (in 7 years) | Second DUI (in 7 years) |
| Class of crime | Misdemeanor | Misdemeanor |
| Incarceration | 2 days to 6 months in jail or house arrest* | 10 days to 6 months in jail or house arrest |
| Fine | $400 to $1,000 | $750 to $1,000 (or 75 to 100 hours of community service) |
| Driver’s License Revocation^ | 185 days | 1 year |
| DUI School | 8-hour online class | 12-hour online class |
| Victim Impact Panel Attendance? | Yes | Yes |
| Drug/alcohol evaluation to determine if you need treatment | Yes, if your if your blood alcohol content (BAC) is at least 0.18% | Yes |
| Can I do rehab (“DUI Court”) for a lesser charge? | Possibly, though 1 day of jail is required | Possibly, though 5 days of jail is required |
| * Usually the judge suspends your jail sentence or orders 48 to 96 hours of community service instead. ^ You can usually drive on a revoked license only if you have an ignition interlock device (IID). | ||
Note you are also responsible for paying for all associated costs such as DUI School, the victim impact panel, treatment, installing and maintaining the ignition interlock device (IID), court costs, etc. This can amount to hundreds to thousands of dollars depending on your case.
When is DUI a felony?
There are four scenarios where driving under the influence of alcohol or drugs is charged as an automatic felony in Nevada.7 The following table shows these four cases and their criminal sentence.
| Nevada Penalties | |
| 1. Third DUI in seven years | Category B felony:
You may be able to avoid a felony conviction by doing Felony DUI Treatment Court, which requires 6 months of house arrest. |
| 2. DUI following a felony DUI conviction | Category B felony:
|
| 3. DUI causing death or substantial bodily injury | Category B felony:
|
| 4. Vehicular homicide (a fatal DUI following three DUI convictions) | Category A felony:
|
| * You can usually drive on a revoked license only if you have an ignition interlock device (IID). | |
The DUI Court Process
The Traffic Stop
If you are reading this, you are likely all too aware of how DUI cases begin. Usually the police pull you over for a traffic infraction, or else they come upon the scene after you had an accident.
The police then observe you for signs of intoxication as they question you. They may then ask you to submit to a mandatory preliminary breath test (PBT) and to perform three optional field sobriety tests:
- the walk-and-turn,
- the one-legged stand, and
- the eye test (“horizontal gaze nystagmus“).
Arrest and Booking
If the police believe they have probable cause to arrest you for DUI, you will be handcuffed and driven to the police station for processing. The police will take your mugshot (photograph), fingerprints, and personal information, and you will surrender your personal belongings.
Contrary to popular belief, the police are not required to read you your Miranda rights after your arrest unless they interrogate you.8 Still, you are advised to exercise your right to remain silent and say nothing without an attorney.
Chemical Testing
Under Nevada’s “implied consent” law, you are required to submit to a breath test or a blood test following a DUI arrest. If you are suspected of driving under the influence of drugs, then you do not have a choice: You must take the blood test (or sometimes a urine test).
If you take the breath test, the police will confiscate your license and give you a temporary seven-day driving permit. If you take the blood test, you get to keep your license until your blood results come back in a few weeks: At that point, the DMV will mail you a seven-day driving permit.
If you refuse to take the test, the police will confiscate your license, give you a seven-day driving permit, and obtain a warrant to take your blood by force.9
Bail and Release
If you seem sober, the police may return your personal belongings and release you shortly after booking. Otherwise, you may be held in a holding cell for a few hours until you get sober.
In most DUI cases, you should get released either:
- on your own recognizance (“O.R.”), meaning you pay nothing, or
- on bail, which is usually $3,000 to $20,000 depending on your case.10
Whether you get released on O.R. or by posting bail, you must attend all future required court appearances. Otherwise, you risk having a bench warrant issued for your arrest.
If you do post bail, the money should get returned to you at the end of your case as long as you abide by all bail conditions. If you cannot afford bail, you can hire a bail bondsman for 15% of the bail amount: Then once the case ends, the court returns the bail money to the bondsman.
If you cannot bail out at all, you would remain in custody until your case resolves.
Many DUI defendants choose to hire a bail bondsman rather than put up the entire bail amount themselves.
Post-Arrest
If you have not already, contact our Las Vegas DUI lawyers right away to start working on your defense.
If you license was confiscated, we can request a DMV hearing to contest your license suspension. This request must occur before your seven-day permit expires, so do not delay calling us.
If your license was not confiscated because you chose the blood test, be sure to watch your mail like a hawk. If you then receive a letter from the DMV with your seven-day driving permit, contact us immediately so we can request a DMV hearing before the deadline.
Failing to request a DMV hearing in time will trigger a driver’s license suspension, even if we eventually win the criminal case.11
Arraignment and Pretrial Phase
The arraignment is a short court hearing where you are formally charged with DUI, and the prosecutor gives over the evidence (called “discovery”) to us. We enter a not guilty plea on your behalf, and the court schedules another hearing one or two months down the line.
Following the arraignment, we conduct a thorough investigation of every aspect of your case in search of holes, inaccuracies, and inconsistencies in the state’s evidence. Meanwhile, we aggressively negotiate with the prosecutor in pursuit of the best resolution possible for your case.
D.A.s frequently extend a mediocre “early offer” to try to put your case to bed quickly. It may be tempting to accept it and move on, but we advise you to let us fight for something better. Once the D.A. sees that we are ready to take them to task, they may agree to reduce or dismiss the charges.
The DMV Hearing
It is during this pretrial period of your criminal case that your DMV hearing typically occurs. It is like a mini-trial where we can introduce evidence and witnesses in an effort to persuade the hearing officer to let you keep your license.
As we explained above, DMV hearings are tricky to win because they are administrative, not criminal; therefore, the hearing officer can suspend your license based on very little evidence.
Nonetheless, DMV hearings are valuable because they serve as a “dry run” for the criminal case. They allow us to test certain arguments and cross-examine the arresting officer.
If we win the DMV hearing, you get to keep your license pending the results of your criminal case. Otherwise, the DMV will revoke your license. However, you should be able to continue driving without interruption as long as you get an ignition interlock device installed in your vehicle.
Plea Bargain or Trial
The vast majority of DUI cases we handle resolve without a trial. Sometimes we can get the charge reduced to reckless driving or dismissed. Otherwise, the D.A. usually agrees to a DUI conviction with minimum penalties.
If we cannot negotiate a resolution, we take your case to trial. Our team of attorneys have decades of experience fighting for an acquittal, and we know which arguments and strategies yield the best results.
Sentencing
If you plead guilty (or no contest) or are found guilty at trial, the judge will then impose your sentence.
For most first-time DUI convictions, there is no jail time. Instead, the judge gives you six months or so to complete all the other sentencing terms, such as paying the fine and attending DUI School and the victim impact panel.
The following graphic summarizes the Nevada DUI court process.
Keeping DUIs Off Your Background Check
Having a DUI on your criminal record can turn off potential employers, especially if the job involves driving. It can also be a barrier to getting a professional license or being admitted to school. Plus, it is a blight on your reputation.
This is another reason we fight so hard to avoid a conviction. Misdemeanor DUI convictions (1st- and 2nd DUIs) must remain on your record for seven years before we can petition for a record seal; meanwhile, felony DUI convictions stay on your record forever.
If we get your DUI reduced to reckless driving, we can petition for a record seal only one year after your case closes. In the event we get your charge dismissed – the best case scenario – we can pursue a record seal right away.12
Our team of Las Vegas DUI lawyers have more than eighty combined years of experience fighting drunk driving charges.
Legal References
- NRS 483.460. NRS 484C.210.
- NRS 484C.110.
- NRS 484C.110. See also Chrisman v. State (2019) 437 P.3d 1055.
- NRS 484C.110.
- See American Addiction Centers and National Institute on Drug Abuse.
- NRS 484C.400. See, for example, Smith v. State (2024) No. 85347.
- NRS 484C.400. NRS 484C.410. NRS 484C.430. NRS 484C.440.
- Miranda v. Arizona (1966) 384 U.S. 436.
- NRS 484C.150. NRS 484C.160. NRS 484C.220.
- See, for example, Las Vegas Justice Court Bail Schedule.
- NRS 484C.220.
- NRS 179.245. NRS 179.255.