DUI & DWI in Nevada
If you're thinking you need to consult with a DUI defense attorney because you've been arrested for drunk driving, you're absolutely right. Without a doubt, it's always in your best interests to be represented by an attorney when facing the criminal justice system.
In addition, this article was written to help you. Check out:
- Nevada DUI Laws
- Nevada DUI Punishments
- Potential DUI Defenses
- Nevada's Other Drunk Driving and Alcohol Laws
- How to Find an Nevada DUI Attorney
When is a Driver Considered to be Legally Drunk in Nevada?
Nevada drunk driving laws are found in The NevadaRevised Statutes.You can check out the statutes (i.e. written laws) for the nitty gritty details; in the meantime, here's the drunk driving bottom line.
- Most drivers will be arrested for drunk driving if their BAC - blood alcohol content -is .08 or higher.(Unless you're a commercial driver or under age 21.)
- If you're underage, you'll be arrested for drunk driving if you have a BAC of .02 while driving.
- Commercial drivers (including school bus drivers) will be arrested for driving drunk if their BAC is .04 or higher.
What is Nevada's Punishment for DUI Convictions?
- 1st DUI Conviction: Jail time of up to 6 months or up to 96 hours of community service (while wearing distinctive "DUI garb") - fines of $400 to $1,000 -alcohol abuse class - driver's license suspension for90 days- ignition interlock - loss of commercial license - BAC .18 or greater, alcohol treatment facility for up to 1 year.
- 2nd DUI Conviction within7 Years: Jail time or house arrest for up to 6 months - fines of $750 to $1,000 or community service (while wearing distinctive "DUI garb") - driver's license suspension for1 year - ignition interlock - loss of commercial license - alcohol treatment facility for up to 1 year.
- 3rd DUI Conviction within 7 Years: Jail time of 1 to 6 years - fines up to $2,000 to $5,000 - driver's license suspension for3 years - ignition interlock - loss of commercial license.
Nevada Drunk Driving Defenses
Your Nevada DUI defense attorney will put forth your strongest defenses to avoid conviction - have the charges reduced - and/or the penalties minimized.
Example defenses:
- Someone else was actually driving the motor vehicle.
- Your BAC wasn't illegal at the time you were driving.
- There was no probably cause to pull you over.
- You were driving safely.
- The roadblock wasn't set up properly.
- BAC testing consequences were not explained.
- BAC testing protocol was not followed.
- BAC testing or reporting was erroneous.
- The judge made an error during trial.
Nevada's Other Drunk Driving and Alcohol Laws
Nevada's Dram Shop Act
Nevada doesn't have a Dram Shop law.
Nevada's Providing Alcohol to Underage Persons Law
It's illegal to provide alcohol to underage persons. Those convicted of providing alcohol to underage persons can go to jail for up to 6 months, pay a fine of $1,000, or perform up to 200 hours of community service.
How to Find a Nevada DUI Attorney
If you've been arrested for drunk driving, you need legal help to avoid or lessen the serious consequences of DUI conviction. To find a Nevada DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
