Being arrested for Driving Under the Influence (DUI), often referred to as Driving While Intoxicated (DWI) in some contexts, in Las Vegas can be a daunting experience. Even if you believe the evidence against you is strong, remember that the justice system is not always straightforward. A skilled Las Vegas Dwi Lawyer can be your strongest advocate, meticulously examining every aspect of your case to identify weaknesses and build a robust defense.
Las Vegas Defense Group, recognized as a Gold Winner for Best DUI Lawyer multiple times by the Las Vegas Review Journal‘s Best of Vegas survey, including in 2024, understands the complexities of Nevada DUI law. Our experienced Las Vegas DWI attorneys are adept at challenging DUI charges and working towards the best possible outcome for our clients.
Whether you need to discuss your case over the phone or prefer an in-person consultation at our conveniently located office near the I-15 freeway on Sahara Avenue, we are here to help. Our defense team, comprised of six seasoned attorneys, has a proven track record of successfully reducing DUI charges to reckless driving or achieving outright dismissals, all while protecting your driving privileges.
To gain a comprehensive understanding of Nevada DUI laws, explore our detailed guide: Nevada DUI Offenses A to Z. Alternatively, continue reading to learn more about how a Las Vegas DWI lawyer can fight for you.
Media logos for Nevada publications.
Can You Secure a Favorable Plea Deal Without a Lawyer?
Nevada law presents a significant hurdle: prosecutors are generally restricted from reducing or dismissing DUI charges unless they can demonstrate to a judge that the evidence for conviction is insufficient. This is precisely why engaging an experienced Las Vegas DWI lawyer is crucial. Our expertise lies in thoroughly dissecting the case file, pinpointing any vulnerabilities in the prosecution’s evidence.
By strategically assembling elements of “reasonable doubt” regarding your guilt, we create a compelling position that compels prosecutors to consider negotiating a reduced charge or even a dismissal. Individuals without specialized knowledge of DUI law and case precedents often lack the ability to identify these critical weaknesses in the state’s case. This is where the strategic advantage of a Las Vegas DWI lawyer becomes indispensable.
What If My Guilt Seems Obvious?
Even in situations where impairment may seem evident, law enforcement errors can significantly impact the validity of your DUI charge. Our Las Vegas DWI lawyers have successfully had cases dismissed by demonstrating instances of police misconduct or procedural errors, such as:
- Lack of reasonable suspicion for the initial traffic stop.
- Improper administration of field sobriety tests.
- Medical conditions, like GERD, leading to inaccurate breathalyzer results.
- Impairment caused by factors unrelated to alcohol or drugs, such as fatigue or specific medical conditions.
- Lack of actual physical control over the vehicle at the time of alleged impairment.
- Malfunctions or procedural errors in breath or blood testing equipment and processes.
These are just a few examples of how a diligent Las Vegas DWI attorney can uncover critical issues that can lead to a more favorable outcome in your case.
Is a Public Defender Sufficient for My DUI Case?
While public defenders provide a valuable service, their high caseloads often limit the time and resources they can dedicate to each case. As depicted in the graphic below (not included here as it is not provided in the source text), public defenders may struggle to provide the personalized and in-depth defense needed for a complex DUI case.
Uncovering mistakes made during the DUI investigation requires meticulous effort. A dedicated Las Vegas DWI lawyer will file motions to compel the District Attorney’s office to disclose all relevant evidence, including potentially hidden information. We may also consult with expert witnesses, such as toxicologists and accident reconstruction specialists, to challenge the prosecution’s claims.
Furthermore, our legal team conducts extensive research into applicable statutes, case law, and legal precedents to identify any constitutional arguments, regulatory violations, or legal loopholes that could benefit your defense. We are committed to continuous legal education (CLE), ensuring we remain at the forefront of effective DUI defense strategies.
Choosing skilled Las Vegas DWI attorneys means having advocates who are prepared to vigorously defend your rights. Relying on an overburdened public defender significantly increases the likelihood of a DUI conviction, regardless of your prior legal history. Investing in a private Las Vegas DWI lawyer is an investment in your defense and your future.
Will I Be Required to Appear in Court?
One significant advantage of hiring a Las Vegas DWI lawyer is the ability to minimize your court appearances. Nevada courts generally allow your private attorney to appear on your behalf, sparing you the stress and inconvenience of attending every hearing.
Your personal presence is typically only required for critical stages such as a preliminary hearing or trial, which are infrequent in most DUI cases. Even when a plea agreement is reached, a Las Vegas DWI attorney can often enter the plea on your behalf, especially if you reside outside the local area.
Without private legal representation, your attendance is mandatory at every court hearing. Failure to appear can result in a bench warrant for your arrest, potentially leading to apprehension and the warrant appearing on background checks. A Las Vegas DWI lawyer can navigate these procedural aspects, protecting your time and freedom.
Can You Guarantee a Specific Outcome?
Ethical guidelines prohibit attorneys, like doctors, from guaranteeing specific case outcomes. However, a reputable Las Vegas DWI lawyer can guarantee a commitment to:
- Crafting the most effective defense strategy tailored to the specific circumstances of your case.
- Utilizing every viable legal strategy to challenge the prosecution’s case.
- Conducting thorough investigations, skillful negotiations, and assertive litigation to pursue the most favorable resolution.
Plea agreements negotiated between your Las Vegas DWI attorney and the prosecution are almost always approved by judges. Therefore, if you choose to accept a plea, the outcome is highly predictable. Going to trial, however, always involves a degree of uncertainty.
Is It Possible to Hire Your Firm Remotely?
Yes, absolutely. While we value in-person meetings, Las Vegas Defense Group is fully equipped to handle your DUI case remotely via phone and email. Our priority is to provide effective legal representation, regardless of your location or preference for communication.
What Are Your Legal Fees?
The retainer fee for our law firm is determined by the complexity of your specific DUI case and whether you are facing misdemeanor or felony charges. Las Vegas Defense Group offers flexible payment plans to make quality legal representation accessible. Contact us for a personalized consultation and fee estimate.
Two attorneys in discussion with a judge at the bench, with an American flag in the background.
Just as you would seek a specialist for a critical medical procedure, entrusting your DUI defense to experienced Las Vegas DWI counsel is essential to protect your rights and future.
Will I Lose My Driver’s License Due to a DUI?
A DUI arrest in Nevada initiates both a criminal case and a separate administrative case with the Department of Motor Vehicles (DMV). Successfully resolving both cases is necessary to maintain your driving privileges.
The DMV case is often more challenging to win than the criminal case. The DMV operates under a lower burden of proof, requiring only “some evidence” of DUI, whereas criminal courts demand proof “beyond a reasonable doubt.”
This disparity underscores the critical importance of a Las Vegas DWI lawyer who is experienced in DMV hearings. We have extensive experience representing clients in DMV proceedings and understand the most effective strategies to preserve your driver’s license.
Typical license revocation periods imposed by the DMV are:
- 185 days for a first DUI offense.
- 1 year for a second DUI offense.
- 3 years for a third DUI offense or any felony DUI.
Furthermore, refusal to submit to a breath or blood test automatically triggers a one-year license suspension, regardless of the outcome of the criminal DUI case.
Fortunately, even with a DUI-related license revocation, you can usually continue driving by installing an ignition interlock device (IID) in your vehicle.
Is a DUI Possible Even Below the Legal Limit?
Yes. Nevada law prohibits driving while impaired by alcohol, even if your blood alcohol content (BAC) is below the legal limit of 0.08%. Signs of impairment can include:
- Swerving or erratic driving.
- Bloodshot or watery eyes.
- Slurred speech.
- Odor of alcohol.
- Failure of field sobriety tests.
Individuals with lower alcohol tolerance may be arrested for DUI even with a BAC below 0.08% if other indicators of impairment are present. A skilled Las Vegas DWI lawyer can challenge these subjective observations and ensure your rights are protected.
Can I Be Charged with DUI Even If Sober?
Yes, under Nevada’s “DUI per se” law, driving with an unlawful BAC is automatically a DUI offense, regardless of actual impairment. Illegal BAC levels are defined as:
- 0.08% or higher for drivers 21 and older.
- 0.04% or higher for commercial drivers.
- 0.02% or higher for drivers under 21.
Even if you are driving safely and not exhibiting signs of intoxication, exceeding these BAC limits constitutes a per se DUI violation. A Las Vegas DWI attorney can scrutinize the BAC testing procedures and equipment to identify any potential errors that could challenge the accuracy of the results.
What If Drugs Were Involved?
Nevada law treats drunk driving and drugged driving similarly, with identical penalties. Driving while impaired by drugs is illegal, even if only trace amounts are detected in your blood. This applies to illegal narcotics, prescription medications, and over-the-counter drugs.
Conversely, driving with illegal levels of drugs in your system is a per se DUI offense, even without signs of impairment. Illegal levels include:
Nevada law has specific provisions for marijuana, which is legal for recreational use in the state. You cannot be convicted of DUI of marijuana solely for having illegal levels of marijuana in your blood unless you have prior DUI convictions. Illegal THC levels are defined as:
- 2 nanograms of active THC per milliliter of blood.
- 5 nanograms of THC metabolite per milliliter of blood.
It is important to note that drugs, particularly marijuana, can remain detectable in your bloodstream for days or even weeks after consumption, while alcohol typically dissipates within hours. This means you can be charged with drugged driving per se long after the actual drug use occurred. A Las Vegas DWI lawyer can analyze the drug testing results and timing to explore potential defenses related to drug metabolism and impairment.
Penalties for First and Second DUI Offenses
Nevada DUI laws impose escalating penalties for repeat DUI offenses within a seven-year period. The following table outlines the standard penalties for first and second DUI convictions:
| NEVADA DUI PENALTIES | First DUI (in 7 years) | Second DUI (in 7 years) |
|---|---|---|
| Class of crime | Misdemeanor | Misdemeanor |
| Incarceration | 2 days to 6 months in jail or house arrest*** | 10 days to 6 months in jail or house arrest |
| Fine | $400 to $1,000 | $750 to $1,000 (or 75 to 100 hours of community service) |
| Driver’s License Revocation^ | 185 days | 1 year |
| DUI School | 8-hour online class | 12-hour online class |
| Victim Impact Panel Attendance? | Yes | Yes |
| Drug/alcohol evaluation to determine if you need treatment | Yes, if your blood alcohol content (BAC) is at least 0.18% | Yes |
| Can I do rehab (“DUI Court”) for a lesser charge? | Possibly, though 1 day of jail is required | Possibly, though 5 days of jail is required |
| * Usually the judge suspends your jail sentence or orders 48 to 96 hours of community service instead. ^ You can usually drive on a revoked license only if you have an ignition interlock device (IID). |
In addition to these penalties, you will be responsible for various associated costs, including DUI school, victim impact panel fees, substance abuse treatment (if required), IID installation and maintenance, and court costs. These expenses can accumulate to significant amounts depending on the specifics of your case. A Las Vegas DWI lawyer can help you understand the full scope of potential penalties and associated costs.
When Does DUI Become a Felony?
In Nevada, DUI charges automatically escalate to a felony in four specific scenarios:
| Felony DUI Crime | Nevada Penalties |
|---|---|
| 1. Third DUI in seven years | Category B felony: – 1 to 6 years in prison, – $2,000 to $5,000 plus court costs, – 3-year license revocation,*** and – Victim impact panel You may be able to avoid a felony conviction by doing Felony DUI Treatment Court, which requires 6 months of house arrest. |
| 2. DUI following a felony DUI conviction | Category B felony: – 2 to 15 years in prison, – $2,000 to $5,000 plus court costs, – 3-year license revocation,*** and – Victim impact panel |
| 3. DUI causing death or substantial bodily injury | Category B felony: – 2 to 20 years in prison, – $2,000 to $5,000 plus court costs, – 3-year license revocation,*** and – Victim impact panel |
| 4. Vehicular homicide (a fatal DUI following three DUI convictions) | Category A felony: – 25 years or life in prison (with the possibility of parole after 10 years) and – 3-year license revocation*** |
| * You can usually drive on a revoked license only if you have an ignition interlock device (IID). |
Felony DUI convictions carry severe consequences, including lengthy prison sentences, substantial fines, and extended license revocations. If you are facing felony DUI charges, it is imperative to seek experienced legal representation from a Las Vegas DWI lawyer immediately.
Understanding the DUI Court Process
The Initial Traffic Stop
DUI cases typically begin with a traffic stop, often initiated for a minor traffic violation or following a traffic accident. Law enforcement officers will observe you for signs of intoxication and engage in questioning. They may request you to undergo a preliminary breath test (PBT) and perform optional field sobriety tests, including:
- The walk-and-turn test.
- The one-legged stand test.
- The horizontal gaze nystagmus (eye) test.
Arrest and Booking Procedures
If the officer establishes probable cause for a DUI arrest, you will be handcuffed and taken to a police station for booking. This process involves taking your mugshot, fingerprints, and personal information, as well as confiscating your personal belongings.
Contrary to common belief, police are not obligated to read you your Miranda rights upon arrest unless they intend to interrogate you. Regardless, it is advisable to exercise your right to remain silent and refrain from speaking without consulting with a Las Vegas DWI lawyer.
Chemical Testing Protocols
Nevada’s “implied consent” law mandates that you submit to a breath test or blood test following a DUI arrest. If drugged driving is suspected, a blood test (or sometimes a urine test) is required without the option of a breath test.
Choosing a breath test will result in immediate license confiscation and a temporary seven-day driving permit. Opting for a blood test allows you to retain your license temporarily until the blood test results are processed, at which point the DMV will mail you a seven-day permit.
Refusal to take a chemical test leads to immediate license confiscation, a seven-day permit, and a likely warrant for a forced blood draw. A Las Vegas DWI attorney can advise you on your rights and the implications of chemical testing decisions.
Bail and Release Procedures
Depending on your apparent sobriety, you may be released shortly after booking with your personal belongings returned. Otherwise, you may be held until sober.
Release from custody typically occurs through:
Whether released on your own recognizance or after posting bail, attending all scheduled court appearances is mandatory. Failure to appear can lead to a bench warrant for your arrest.
Bail money is usually returned at the conclusion of your case, provided all bail conditions are met. Bail bondsmen can be hired for a non-refundable fee (typically 15% of the bail amount) if you cannot afford to post bail yourself. If bail cannot be secured, you will remain in custody until your case is resolved.
Exterior view of a bail bonds company storefront under a clear blue sky.
Post-Arrest Actions
Immediately after a DUI arrest, contacting a Las Vegas DWI lawyer is crucial to begin building your defense.
If your license was confiscated, we can promptly request a DMV hearing to challenge the license suspension. This request must be made before your seven-day permit expires, emphasizing the urgency of contacting legal counsel.
If you chose a blood test and retained your license initially, monitor your mail closely for a DMV letter containing your seven-day permit. Contact us immediately upon receipt to request a DMV hearing within the deadline.
Failing to request a DMV hearing within the stipulated timeframe will result in automatic license suspension, even if the criminal DUI case is ultimately successful. A Las Vegas DWI lawyer can navigate these time-sensitive procedures and protect your driving privileges.
Arraignment and Pretrial Phase
The arraignment is your initial court appearance where formal DUI charges are presented, and the prosecution provides initial evidence (“discovery”) to your attorney. Your Las Vegas DWI lawyer will enter a plea of not guilty on your behalf, and the court will schedule subsequent hearings.
Following the arraignment, a comprehensive investigation into all aspects of your case commences, seeking inconsistencies and weaknesses in the prosecution’s evidence. Simultaneously, aggressive negotiations with the prosecutor begin to pursue the most favorable resolution.
Prosecutors often present an initial, less favorable plea offer early in the process. While tempting to accept for expediency, allowing your Las Vegas DWI lawyer to negotiate for a better outcome is advisable. Demonstrating a readiness to challenge the prosecution’s case can often lead to reduced charges or even a dismissal.
The DMV Hearing Process
The DMV hearing typically occurs during the pretrial phase of your criminal case. It functions as an administrative mini-trial where evidence and witness testimony can be presented to persuade the hearing officer to preserve your driving privileges.
As previously mentioned, DMV hearings are challenging due to the lower burden of proof. However, they provide a valuable opportunity to test defense arguments and cross-examine the arresting officer, serving as a “dry run” for the criminal case.
Winning the DMV hearing allows you to retain your license pending the outcome of the criminal case. Loss at the DMV hearing results in license revocation, although driving with an ignition interlock device may still be possible. Your Las Vegas DWI lawyer will prepare you for the DMV hearing and represent your interests effectively.
Plea Bargaining and Trial Options
The majority of DUI cases are resolved through negotiated plea agreements without proceeding to trial. Successful outcomes can include reducing the charge to reckless driving or outright dismissal. Alternatively, a plea to DUI with minimized penalties may be negotiated.
If a satisfactory resolution cannot be reached through negotiation, your case will proceed to trial. Our experienced Las Vegas DWI attorneys possess extensive trial experience and employ effective strategies to pursue an acquittal.
Sentencing After Conviction
If you plead guilty (or no contest) or are found guilty at trial, the judge will impose a sentence. For most first-time DUI convictions, jail time is not imposed. Instead, a period of several months is typically granted to complete sentencing requirements, such as paying fines, attending DUI school, and completing the victim impact panel.
The following graphic (not provided in source text) visually summarizes the Nevada DUI court process.
Protecting Your Record: Keeping DUIs Off Background Checks
A DUI conviction on your criminal record can negatively impact employment prospects, particularly for driving-related jobs, professional licensing, and educational admissions. It also carries a significant social stigma.
This is why a Las Vegas DWI lawyer vigorously strives to avoid a DUI conviction. Misdemeanor DUI convictions remain on your record for seven years before record sealing is possible, while felony DUI convictions remain permanently.
Reducing a DUI charge to reckless driving allows for record sealing after only one year. Dismissal of the DUI charge, the most favorable outcome, permits immediate record sealing. A Las Vegas DWI attorney will explore all avenues to minimize the long-term consequences of a DUI arrest, including record sealing.
Exterior of Las Vegas Defense Group offices, displaying the LVDG logo.
Our dedicated team of Las Vegas DWI lawyers brings over eighty years of combined experience to the fight against drunk driving charges, committed to providing you with the strongest possible defense.
