DUI Defense Attorneys Henderson, NV
In 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 Henderson Nevada DUI defense lawyers if you have been arrested for DUI in Clark County, Nevada.
Refusing To Take Chemical Test When Suspected Of DUI
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.|
When Do Police Measure Your Blood Alcohol Content
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.
Nevada Juvenile DUI Laws
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 Henderson Nevada DUI defense lawyers right away.
Mandatory Jail Times For DUI Conviction In Nevada
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|
Nevada DUI Look Back Period
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.
Can a DUI be “pleaded down” to a “wet reckless” in Nevada?
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.
Ignition Interlock Devices (IIDs) In Nevada DUI Cases
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 in Nevada DUI Cases
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).)
Benefits of a Wet Reckless Plea
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 Henderson, Nevada DUI usually comes with mandatory jail time whereas jail is only a possibility for a reckless driving conviction.
Let Our Las Vegas DUI Defense Attorneys Help You
The first thing you should do after a DUI arrest is contact our Henderson Nevada DUI defense lawyers. 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.
Challenging Evidence In A Las Vegas Nevada DUI Case
On the surface level, it might look like the evidence in your driving under the influence (DUI) case proves your guilt. For example, perhaps you have failed your field sobriety tests and you produced a breath test result that showed a blood alcohol level of 0.08% or higher. This, however, does not necessarily mean you are actually guilty of DUI. There are a number of things that can make evidence flawed and of no use in the courtroom. There might be errors with how the test was administered, how the testing equipment was maintained or even how the officer stopped you in the first place.
When you bring your Las Vegas DUI case to me, Gregory D. Knapp, ESQ., I can thoroughly analyze every detail associated with the evidence that is being used against you. Because I am a former prosecutor, I have inside knowledge of what types of flaws I should be looking for. Our Las Vegas DUI defense attorneys who is ready to fight for your freedom!
Ask the Right Questions about the Evidence:
There are a number of questions that need to be asked when assessing the validity of DUI evidence. Some of these include the following:
- Was the breath test, blood test or field sobriety test properly administered?
- Had the breathalyzer been properly calibrated?
- Were the blood samples from the blood test properly labeled and stored?
- Are there any indications of errors by testing lab personnel who handled your blood samples?
- Was the field sobriety test conducted in a reasonable location, such as in a place with level terrain?
- Did the driver have a physical or medical condition that could have led to poor performance on a field sobriety test?
- Are there conflicts between the officer’s reports and his or her testimony?
- Did the officer actually have enough probable cause to pull the driver over and test for impairment?
These are just some of the many areas I explore when I am handling a Nevada DUI case. There are also other factors that could be important to consider when I am working on your defense. I have been serving as a lawyer in the Las Vegas criminal justice system since 1998, so you can trust that I have the experience you need. Contact our Las Vegas DUI defense attorneys for high-quality legal representation!