DUI Defense Attorneys Las VegasIn Nevada, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Nevada says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details regarding Nevada DUI laws and issues surrounding NV DUI cases. Please call our Las Vegas DUI defense attorneys if you have been arrested for DUI in Clark County, Nevada.
In Nevada the legal penalties for refusing to take a breathalyzer test or blood test when pulled over for DUI vary. Even if it is your first time facing a NV DUI charge you will automatically have your license suspended if you do not take the breathalyzer or blood test.
| 1st offense | 2nd offense | 3rd offense |
| The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. | The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. | The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. |
In Nevada, police officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time. Contact out Las Vegas DUI defense attorneys to discuss your rights in a Las Vegas, NV DUI case.
Per current Nevada laws, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%. That is equal to less than one alcoholic drink in most cases. Do not let a one time mistake wreck your future, or your child’s future. Please feel free to contact our Las Vegas DUI defense attorneys right away.
Here are the minimum jail times for a DUI in Nevada, broken out by whether this is your first, second, or third offense:
| 1st offense | 2nd offense | 3rd offense |
| 2 days or 48 hours community service (while wearing distinctive garb that marks the person as having committed a DUI) | 10 days | 1 year |
In Nevada, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for a period of 7 years.
In some states, it’s possible for a driver who’s charged with driving under the influence to “plea bargain” for a lesser charge. When a DUI is plea bargained down to a reckless driving charge, it’s sometimes called a “wet reckless.”
Nevada law restricts plea bargaining in DUI cases. So, in most DUI cases, it isn’t possible to plea bargain for a wet reckless or any other lesser charge.
Under current Nevada laws ignition interlock devices, also called IID) are for all offenses, including a misdemeanor first offense DUI conviction. The length of time differs on a case by case basis but is normally between 3 to 6 months.
Plea bargaining for a wet reckless is a possibility in Nevada. According to current Nevada DUI laws there are limitations: plea bargaining is permitted in DUI cases only when the prosecuting attorney “knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.” In other words, plea bargaining is allowed only in cases where the evidence of drunk driving is weak. (Nev. Rev. Stat. Ann. § 484C.420(1) (2017).)
The benefits of pleading to a wet reckless are simple: The penalties for a reckless driving violation are less severe than those for a driving under the influence conviction. For instance, a Nevada DUI usually comes with mandatory jail time whereas jail is only a possibility for a reckless driving conviction.
The first thing you should do after a DUI arrest is contact our Las Vegas DUI defense attorneys. Mr. Knapp and his staff will do everything in their power to have your charges dropped or dismissed. While that is their ultimate goal it is not always possible and your previous criminal history is a factor. With this in mind please know that everything measure will be taken to minimize the consequences of your pending criminal charges.