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In Nevada, the two-hour rule means you can be convicted of driving under the influence of alcohol if your blood alcohol concentration (BAC) reaches or exceeds 0.08% at any time in the two hours after you stop driving. If the police fail to administer an evidentiary breath test or blood test in that two-hour window, …
Refusing to take an evidentiary breath or blood test following a Colorado DUI arrest triggers a mandatory driver’s license revocation of: 1 year for a first violation, 2 years for a second violation, or 3 years for a third or subsequent violation. It does not matter how much time has elapsed between refusals. A successive violation …
Suppose you are arrested for driving under the influence in Colorado. In that case, you may have to install an ignition interlock device (IID) in your motor vehicle as a condition to drive again. An ignition interlock device is a breathalyzer that disables your car if you have a blood alcohol content (BAC) of .025% …
DUI stands for driving under the influence, and DWI stands for driving while impaired or driving while intoxicated. Therefore, they mean the same thing: drunk driving or drugged driving. But in Nevada, prosecutors exclusively use the term DUI, not DWI. Other states use various terms that are synonymous with DUI and DWI. Some of these …
The walk and turn (WAT) test is one of the three standardized field sobriety tests (FSTs) that Nevada police ask you to perform if they suspect you of driving under the influence of alcohol or drugs. WAT is meant to test your physical agility and coordination, and the police are looking to see if you …
If you have been arrested for DUI in Colorado, your criminal defense attorney can request a DMV hearing. This is where your attorney would try to persuade the DMV not to revoke your driver’s license. If you do not have an attorney, you can request a DMV hearing yourself by taking the following steps. Step …
The license revocation for underage drinking and driving (UDD) (where a person under 21 drives with a BAC of 0.02% to 0.05%) increases with each successive conviction. The minor will receive a 3-month revocation for a first conviction, a 6-month revocation for a second conviction, and a 1-year revocation for a third conviction. For a first-time …
A 3rd DUI in Colorado is a misdemeanor rather than a felony so long as you do not cause an accident resulting in serious bodily injury or death. But a 4th-time DUI can be charged as a felony. The standard DUI penalties for a 3rd-offense are: 60 days to 1 year of county jail time, …
Nevada police must obtain a warrant before administering a forced blood draw on you if you are arrested for DUI and you refuse to take an evidentiary breath test or blood test. Once police obtain the warrant, they may use “reasonable force” on you to carry out the forced blood test – such as strapping …
Driving with a blood alcohol content (BAC) of 0.08% or higher is a DUI in Arizona, even if the driver feels sober and is unimpaired. Commercial drivers in commercial vehicles have a lower legal limit of below 0.04%. Due to Arizona’s zero-tolerance policy, underage drivers under 21 years old may not drive with any alcohol …
In California, a conviction for driving under the influence (“DUI”) has serious financial repercussions. Along with the court fines, licensing fees, ignition interlock installation costs, and more, convicted drivers will have to face rising insurance rates. Even for first-time DUI offenses, drivers over the age of 21 should expect to see a 20 to 30 percent increase in …
Defendants facing criminal charges for driving under the influence of drugs or alcohol can file a suppression motion asking the court to disregard (“suppress“) all the evidence that law enforcement officers may have unlawfully obtained. If the judge grants this motion, then the prosecution may be forced to dismiss the DUI charges for lack of …
An express consent affidavit and notice of revocation is a document notifying Colorado DUI defendants that their driving privileges will be revoked in seven days. This document also serves as the defendant’s seven-day driving permit. When do DUI defendants get an express consent affidavit and notice of revocation? It depends on whether the defendant took …
Driving under the influence of drugs or alcohol carries 12 DMV demerit points in Colorado. DWAI carries 8 points. And UDD (underage drinking and driving) carries 4 points. In addition to adding points to the defendant’s driving record, a DUI or UDD causes an automatic license suspension. A first-time DWAI case does not cause the …
Arizona DUI convictions remain on defendants’ criminal records forever. There is no way to seal or expunge them. However, it may be possible to get a conviction for driving under the influence “set aside.” Employers are much more likely to hire people if their criminal records show that a conviction has been set aside. Who …
ARS 28-1383 makes a fourth-time DUI in a 7-year period in Arizona an aggravated DUI, which is a class 4 felony. Penalties include a mandatory minimum of an 8-month prison sentence, $4,000 in fines, and a 1-year driver’s license suspension. In addition, the defendant must take traffic survival school as well as an alcohol and …
Colorado DUI criminal fines are: $600 to $1,000 for a first offense. $600 to $1,500 for a second or third offense. And $2,000 to $500,000 for a subsequent offense.1 In addition, defendants may be ordered to pay several other court fees and surcharges, such as for DUI School and probation supervision. In total, one DUI …
Yes, residual mouth alcohol is a defense to Nevada DUI charges. Mouth alcohol can cause breathalyzers to return inaccurately high blood alcohol content (BAC) readings even if the defendant’s actual BAC is legal (below the 0.08% threshold). If the DUI attorney can show that the defendant had mouth alcohol, the drunk driving charges may be …
A fifth-time DUI within a seven-year period is a category B felony under Nevada law, even if no one gets hurt. Penalties include 1 to 6 years in prison, $2,000 to $5,000 in fines, and a 3-year driver’s license suspension. Defendants are not eligible for DUI Court or probation. But if the defendant’s four prior …