Introduction to DUI
Las Vegas Driving Under the Influence (DUI) It is extremely important that you aggressively defend your first DUI offense because of the enhanced penalties within 7 years for a second DUI offense (a minimum of 10 days in jail) and third DUI offense. Las Vegas DUI Lawyer Ross C. Goodman has substantial training and experience in successfully defending Nevada DWI Laws and DUI charges. He is certified in the administration of SFSTs published by the National Highway Traffic Safety Administration (NHTSA). This has resulted in the successful impeachment of these “balancing” tests, and together with developing evidentiary and other witness issues, have contributed to the successful negotiation of hundreds of cases to the reduced charge of Reckless Driving.
DUI Areas and "DUI" Does Not Specifically Pertain to "Drunk driving"
Penalties of DUI charges: First Offense
Penalties of Nevada DUI Law charges The punishment for being convicted because of driving while intoxicated are quite harsh, and each subsequent conviction within seven years of the latest offense will merit harsher penalties. It is very important that you acquire legal counsel immediately after being arrested since you will only have (7) seven days to request for an administrative hearing against your license being suspended. First DUI Offense - Jail time: A minimum of 48 hours in jail to a maximum of six months. The court may also choose to impose 96 hours of community service in lieu of jail time. - Fines: Assessments and fines totaling from a minimum of $400 to a maximum of $1,000 plus court costs. - License suspension: A 90 day or 3 month suspension of your driver’s license. - Other penalties: You will be required to attend a Victim Impact Panel and at least 8 hours of drunk driving school. You may also be required to install a Breath Interlock Device on your vehicle for 3 to 6 months.
Second and Third DUI Offense
Second DUI Offense - Jail time: A minimum of 10 days in jail or a maximum of six months. - Fines: Assessments and fines totaling a minimum of $750 to a maximum of $1,000 plus court costs. - License suspension: A 1 year suspension of your driver’s license. - Other penalties: You may be ordered to do 100 to 200 hours of community service and attend a Victim Impact Panel. You may also be required to install a Breath Interlock Device on your vehicle for 6 to 12 months. Third DUI Offense - Felony: Three or more convictions within seven years is a felony. - Jail time: A minimum of 1 year to a maximum of 6 years in State Prison. - Fines: Assessments and fines totaling a minimum of $2,000 to a maximum of $5,000 plus court costs. - License suspension: A 3 year suspension of your driver’s license.
List of Controlled Substances
Here is the list of Controlled Substances with the corresponding legal limit. When caught with such substances, a person can be charged with DUI drugs (DUID). Prohibited Substance/Urine Nanograms per milliliter/Blood Nanograms per millilitre
- Cocaine /150/50
- Cocaine metabolite/150/50
- 6-monoacetyl morphine /10/10
- Lysergic acid diethylamide (LSD)/25/10
- Marijuana metabolite/15/5
- Methamphetamine/500 /100
Nevada DUI Laws: Implied Consent Law
Nevada DUI Laws Nevada has laws that is specific for DUI. Read these laws carefully as they may be helpful in the long run. Implied Consent Law Once the person steps into the car, the person automatically gives the consent to submit to a DUI test. If the person refuses to take the test, the police have the authority to use reasonable force to administer the test. For a possible 1st Nevada DUI Laws offense, the police must give you the option to choose the type of test. For a 2nd DUI Law offense or more, the officer will make the choice for you.
Nevada's Per Se Law and Open Container Law
This law states that drivers should adhere to a certain Blood Alcohol Concentration Limit. The limit set is just a baseline. Offending driver could still be arrested even if the driver is still below the limit. This law also covers the many form controlled substances. Breaking this law would lead to penalties such as revocation of license, fines, or imprisonment. Open Container Law Nevada's Open Container Law states that a person can get arrested for having "any" opened alcoholic beverage in the car while driving. The law did not state specific alcohol volume for the beverage. It is safe to assume that this law pertains to all alcoholic beverages, regardless of the alcohol proof or container. People who drives mobile homes, RV 's, trailers or are passengers in a bus, limousine, and taxi are exempted from this law.
DUI Blood Test
The officer may require the alleged DUI driver to submit to a blood test. Refusal to submit to a blood test could end up in license suspension. The police officer is required to take you to a licensed testing facility for the test. If the result shows that you are positive for Nevada DWI Laws violation, you will receive a written mail regarding your license suspension and the case. Here is a list of professionals that can perform the test:
- Licensed Physician assistant
- Emergency medical technician
- Registered Nurse
Driving While License is Suspended
Driving with a suspended license can lead to penalties. Contact DUI Attorney Ross C. Goodman of Goodman Defense for legal counselling regarding license suspension. He can help reinstate your license through a successful DMV hearing. He can and will always find ways to help you win the case. Here are the penalties for driving with suspended license:
- $1,000 fine
- Further suspension of license
- Imprisonment of not less than 30 days
- Nevada Revised Statutes 484C – Find the particular Nevada DWI Laws that you need using this link.
- Nevada DMV License suspension – This link will redirect you to the license suspension page of Nevada DMV. The page contains instructions on how you can get your license reinstated.
- Alcoholics Anonymous – They are an internal fellowship of men and women who experienced drinking problems. They provide support for people who wants to put their drinking problems into a stop.
- Nevada DUI Blog – This blog contains detailed information regarding DUI. A lot of useful information is available for the readers in this blog. The blog is regularly updated and maintained to keep readers abreast of DUI cases in Las Vegas and Nevada.