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The Law Office of Mark Coburn
Fighting to Protect Your Rights in DUI Cases
Attorney Fees Starting From:
1st time DUI $1,200 (includes DMV hearing)
2nd time DUI $1,700
3rd time DUI Call for Free Consultation
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Driving Under the Influence (DUI) in Las Vegas
What is a DUI in Nevada?
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
1. NRS 484.379 Driving under the influence of intoxicating liquor or controlled or prohibited substance: unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]
Most people assume that “Driving Under the Influence” means “drunk driving,” but driving under the influence actually means operating a motor vehicle without the normal use of mental or physical faculties due to impairment from alcohol or other drugs (prescription or non-prescription). It is not necessary to be “drunk” to get convicted for DUI in Nevada. Also, due to Nevada’s Per Se Law, you may be convicted of DUI regardless of your actual impairment level, if your BAC is above the legal limit.
Nevada Per Se Law
Nevada’ Per Se Law states that it is illegal to have a BAC above .08% no matter what the person’s actual level of impairment. This means, even if you are able to ‘pass’ the roadside tests, are able to speak, walk, drive, and function coherently (as if you were sober), you are still breaking the law if your BAC is above .08%
Nevada DUI Penalties
FIRST OFFENSE
- Between 2 days and 6 months in jail
- 48 to 96 hours of community service
- A fine of between $680 and $2000
- Required attendance in a substance abuse educational program
- Required attendance in DUI school
- Required attendance in a “victim impact panel”
- Revocation of your driver’s license for at least 90 days
SECOND OFFENSE
- Between 10 days and 6 months in jail
- 48 to 96 hours of community service
- A fine of between $680 and $2000
- Required attendance in a substance abuse therapy program
- Required attendance in DUI school
- Required attendance in a “victim impact panel”
- Revocation of your driver’s license for at least ONE YEAR.
THIRD OFFENSE
- Category B Felony
- At least 1 year in jail and up to 6 years
- A fine of at least $2,000 and up to over $5,000
- Required attendance in DUI school
- Required attendance in a “victim impact panel”
- Revocation of your driver’s license for at least THREE YEARS.
DUI Accidents that Result in Death or Serious Bodily Harm
If you are convicted of a drunk driving offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a felony conviction, even if it is your first offense. The penalties can include:
- Minimum of 2 years and a maximum of 20 years in prison
- A fine of not less than $2,000 nor more than $5,000
It is vital to contact an experienced Las Vegas DUI attorney to help you defend yourself against these charges. These accidents are generally unintentional, and you should not be severely punished for making a mistake.
Driving While License is Suspended Penalties
If your license is suspended or revoked due to a DUI offense, either through the criminal courts or an administrative proceeding, you will incur these penalties if you are caught driving without a license:
Minimum of 30 days in jail
$1,000 fine
Loss of driver’s license for an additional year without the opportunity to have a restricted license for driving to and from work
It is important to seek counsel from a Nevada DUI attorney so that you can try to avoid these penalties and get your driver’s license reinstated, or mitigate the possible consequences from driving with a suspended license.
We will help you keep your license and your freedom
*Call Us Today for a Free Consultation at (702) 382-2000
DMV and your Driver’s License
At the Law Office of Mark Coburn, we are determined to help you keep your Driver’s License. During your free phone or in-person consultation, a member of our team will speak with you regarding all the options relating to your case. How the process works is different depending on which test you were given when you were pulled over: breath or blood.
Breathalyzer –if the breathalyzer returns a reading of 0.08 or higher, the Nevada DMV will automatically and immediately suspend your license for 90 days. The police will give you notice of this along with further instructions (usually printed on a pink sheet of paper). From that point on, you have 7 days to request a hearing at the DMV. The DMV will set the hearing for 30-60 days after they receive your request. Your license will only be valid during the window of time that you are waiting for the hearing. If your license is suspended for 90 days, you may obtain a restricted license after 45 days of suspension.
Blood test – blood test results take several months from the time of processing until they are sent to the DMV. You should periodically check with the DMV to make sure they have not sent you a notice of suspension already; you need to be absolutely certain that they have your current address on file, or you may not receive the notice. If the blood lab returns a reading of 0.08 or higher, the Nevada DMV will suspend your license for 90 days; your license will be considered suspended from the date that they send you the notice. From the date that you receive the notice by mail, you have 7 days to request a hearing at the DMV. The DMV will set the hearing for 30-60 days after they receive your request. Your license will only be valid during the window of time that you are waiting for the hearing. If your license is suspended for 90 days, you may obtain a restricted license after 45 days of suspension.
Remember: Successfully representing a Nevada DUI case requires a high level of skill, experience, and an understanding of Nevada’s complex DUI Laws. Unless you are willing to accept the maximum DUI penalties, you should hire a qualified DUI Attorney to assist you with your DUI defense options including pursuit of case dismissal, plea bargain negotiations, and trying the case in court.
*Call Us Today for a Free Consultation at (702) 382-2000
Resources
Nevada Department of Motor Vehicles – The Nevada DMV issues driver’s licenses, license plates and vehicle registration for the state of Nevada.
8250 W. Flamingo Road
Las Vegas, NV 89147-4111
(702) 486-4368
2701 E. Sahara Avenue
Las Vegas, NV 89104-4170
(702) 486-4368
7170 N. Decatur Blvd.
Las Vegas, NV 89131-2798
(702) 486-4368
Nevada Mothers Against Drunk Driving – MADD is the nation’s largest nonprofit organization working to protect families from drunk driving and underage drinking.
Alcoholics Anonymous – AA is a national association for overcoming alcoholism and alcohol abuse.
1431 E Charleston Blvd #15
Las Vegas, Nevada 89104-1734
(702) 598-1888
Nevada Highway Patrol – The NHP patrols highways and freeways across the state.
4615 West Sunset Road
Las Vegas, NV 89118
(702) 486-4100