Your first DUI charge in the state of Nevada can be a perplexing and appalling experience. Fully understanding the penalties and other consequences of a guilty plea or a DUI conviction can help you make the right choice about how to proceed. There is no doubt that this will have a substantial impact on your life. One of the best ways to continue is to consult with an experienced DUI attorney who can supply answers to all the frequently asked questions for DUI defense attorneys.
Armed with the appropriate information, you can defend yourself against the DUI charge to ensure minimal immediate consequences and minor long-term legal implications in the state of Nevada. Many DUI attorneys operate in the State of Nevada, and these guidelines can help you find the best DUI attorney.
Penal Code For First DUI Charge In Nevada
A DUI charge is treated as the first DUI charge if you do not have any prior DUI convictions in Nevada. A DUI charge in Nevada is treated as the first DUI charge if your last DUI charge was more than seven years ago anywhere in the United States. Generally, the first DUI is charged as a misdemeanor in Nevada and the penalties for a misdemeanor can be serious. A DUI charge with the death of the passengers or driver and consequential injuries to victims can turn into a felony charge with additional penalties.
Courts and prosecutors strictly impose penalties for DUI cases in Nevada. The following is a list of sentences for a first DUI charge:
- Administrative suspension of driver’s license for up to six months (185 days).
- Two days or up to six months in prison, which can be replaced by some hours of community service.
- A fine between $400 up to $1,000 in addition to court expenses.
- Attending an approved alcohol awareness program out of your own pocket.
- Attending a victim impact panel.
- Installation of an ignition interlock device for a specific time period.
These punishments apply to drivers with a Blood Alcohol Content (BAC) above 0.08 and below 0.18. People charged for DUI with a BAC above 0.18 face more severe legal consequences that include the installation of an ignition interlock device for one to three years. Drivers under the age of 21 with a BAC of 0.18 or more must attend an abuse treatment program and successfully meet the qualifications for an alcohol or drug dependency evaluation. Drivers can expect to receive even more substantial penalties if their vehicle contains children under the age of fifteen (15).
Other Implications Of A DUI Charge
A DUI arrest does not only result in criminal and administrative penalties, there are other more long-lasting consequences of a DUI charge. Your criminal record contains your misdemeanor DUI conviction for seven (7) years after the judgment. The criminal record with the misdemeanor charge cannot be sealed until seven (7) years from the conviction. The misdemeanor charge has a perpetual impact on multiple spectrums of life such as employment, housing, financing, and sometimes implications in your social life.
Driver’s License Suspension & The DMV
People facing a DUI charge can face a 185-day (six-month) suspension of their driver’s license by the Nevada Department of Motor Vehicle (DMV). The regulatory process concerning the license revocation is in addition to any monetary and criminal penalties that follow the arrest. You can request an inquiry to challenge the license suspension, but it is difficult to revoke a DMV decision to suspend your driver’s license. The court investigation process for the driver’s license suspension is different from the criminal proceedings that follow your arrest.
You can get a judgment to install an ignition interlock device that incorporates limited driving capabilities by challenging the DMV hearing. You will only be able to drive from home to your place of work. People who refuse to take a blood or breathalyzer test at the time of their arrest will have a longer driver’s license suspension period. These people will have to contact the DMV directly to reinstate their driving privileges.
Confronting The First Nevada DUI Charge
Experienced DUI lawyers have different strategies to defend against a drunk driving charge. The attorney analyzes the facts and evaluates the circumstances of the arrest. The DUI attorney understands that each DUI charge has a unique set of positives and negatives. The DUI attorney will try to find the most appropriate and applicable defense in your case.
Police can make clerical errors while administering the test or in the process of making the arrest. Questioning the evidence or revealing law enforcement mistakes is one way to defend a DUI charge. Another way to defend a DUI charge is to use the circumstances and events leading to the DUI arrest to the best of your advantage to negotiate with the prosecutor. These defense techniques can minimize the penalties and consequences associated with the DUI charge.
Anyone charged with a DUI for the first time must have a skillful DUI attorney who has experience in dealing with local courts, prosecutors, and practices. There can be multiple negative consequences associated with a DUI case if a cool-minded and brilliant attorney does not handle the case professionally. The person can establish a permanent criminal record without the help of a qualified, reputable, and accomplished DUI attorney.
Schedule A Free Consultation With An Accomplished Las Vegas DUI Attorney Today
Nobody wants to explain why you have a misdemeanor on your record every time you go for a job interview. Scheduling a free consultation with an experienced Las Vegas DUI attorney can help you choose the right DUI attorney. Make sure the DUI attorney is aware of all state and federal laws by asking for a referral. Try to look for a DUI attorney that has a successful investigative background, trial experience, and the expertise to present a criminal defense for clients facing DUI charges.
Some of the most successful lawyers are DUI attorneys that specialize locally within the state. Local DUI attorneys often do not charge for an initial consultation, and they can understand the complexities that can apply in each case.