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First DUI

Punishments for First DUI Offense in Las Vegas

Nevada first DUIAlthough Nevada, and especially Las Vegas, is known as a place to relax andhave fun, the laws punish driving under the influence (DUI) harshly. Driving under the influence is not limited to drunk driving. It can also include prescription drugs, illegal drugs, and marijuana. The penalties increase for later DUI convictions, which means that hiring an experienced Las Vegas DUI defense lawyer is critical if you have been arrested for driving under the influence for the first time.

Call us if you have been arrested for DUI in Las Vegas to begin your defense today. Act fast to give Nick Wooldridge the best chance at helping you keep your license.

What is DUI (driving under the influence) in Nevada?

There are four ways a person can be charged with DUI in Nevada:

  • Driving or physically controlling a vehicle while under the “influence of intoxicating liquor;”
  • Having a blood alcohol concentration of or higher in his or her blood or breath;
  • Have a blood alcohol concentration of in his or her blood or breath within 2 hours of driving; or
  • To be under the influence of a controlled substance, or a controlled substance and alcohol.

What can be used as evidence in a DUI case in Las Vegas?

If a police officer stops you while driving for suspicion of being under the influence, he or she will give you the option to take a breath test on the Intoxilyzer 5000 EN machine  or to take a blood test.

Nevada is an implied consent state, which means you cannot refuse to take the test.

If you refuse, the police will make the decision to give you a blood or breath test.

The results of either test will be the primary evidence against you if you have been charged with DUI in Las Vegas, Nevada.

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What is the minimum and maximum sentence for a first time DUI in Nevada?

First time DUI offenses have mandatory minimum sentences that can be quite expensive and time consuming, even though first time DUIs in Las Vegas are usually charged as misdemeanor crimes.

  • Jail time or community service: The court can require you to go to jail for anywhere between 2 days and 6 months, or complete 48 hours or 96 hours community service. Usually jail time is a suspended sentence (probation) unless you break the law again;
  • Fines: The court can impose fines of of $340 to $1,175 including court costs. The first fine is usually $585;
  • In addition to jail time or community service and fines, your driving privileges may be revoked for 90 days. There is the possibility to get your driving privileges back after 45 for the limited purpose of driving to and from work;

Depending on the facts of your case, you may also have to drive with a Breath Interlock Device for three to six months.

Enhanced penalties for first time DUI in Las Vegas with over the limit BAC

If your blood alcohol concentration far exceeds the limit, there are additional penalties:

  • You will be required to attend an 8 hour drunk driving course (“DUI school”) that costs $150;
  • If you blood alcohol concentration was over limit, you also have to attend a Victim Impact Panel, at a cost of $40;
  • You are required to take a DUI assessment with a $100 fee that can result in required drug and alcohol abuse counseling depending on the outcome; and
  • The Breath Interlock Device may be on your car for 12 to 36 months.

More Information

DUI is a charge in Nevada that cannot be dropped or reduced by the prosecutor if there is evidence to support it. Still, a skilled Las Vegas DUI defense attorney can work to reduce the charges by examining the evidence against you and showing the prosecutor why he or she is not likely to get a conviction.

For example, there are many problems with the Intoxilyzer 5000 EN machine that may make the prosecutor consider a reckless driving charge instead of DUI. The benefit is that if you have another DUI in the future, that DUI will be the first one, not the second. This is important because multiple DUI convictions within 7 years can bring extended jail time and fines.

Contesting DUI charges is best left to an experienced Las Vegas DUI attoney. Contact us today.

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