Facts

There are 3 ways for a prosecutor to prove in a Las Vegas DUI case (in Criminal Court) and if the prosecutor cannot prove beyond a reasonable doubt, you will have a not guilty verdict.  However, you can be prosecuted as follows:

1. Was your driving impaired, per the police officer’s observations (manner of driving, field sobriety tests, refusal to take a chemical test)?
2. Was your blood alcohol level .08% or greater?  For minors, your blood alcohol level would have to be .02% or greater and for commercial licenses, .04% or greater.  The prosecutor will prove the tests given to you were valid, were given to you in the proper manner, and you were driving within 2 hours of the breath or blood test.
   • Nevada’s Per Se law – it doesn’t matter how well you were driving, only that you were violating the law

   
   
3. Nevada’s Per Se law – prohibited and illegal to take while driving:
   • Amphetamine
   • Cocaine or cocaine metabolite
   • Heroin
   • Morphine
   • LSD
   • Marijuana
4. Open Container Law – illegal to drive with any opened alcoholic beverages in the car.
   • It doesn’t apply to the living areas of a motor home or RV
   • Driving DUI with a child under 15 in your car  -  considered an aggravating circumstance – harsher penalties
   • You will be charged an extra $60 for chemical tests

Your attorney will appear for your arraignment in the criminal court.  Your attorney will enter a not guilty plea, will receive copies of the criminal complaint and police report, discuss bail issues and set a date for the pretrial hearing.

Penalties
There are two different charges you will face for getting a DUI:

1. The DMV (administrative) – will suspend your license at time of arrest
2. The courts (criminal) -  fine you and press charges

DMV
Once your license suspension is over, you will be required to do the following at the DMV:

• For first offense
• Reinstatement of license fee - $65
• Victims Compensation Civil Penalty - $35
• License application fee - $21.75
• Retake the vision and written tests
• Your insurance company must file an SR-22 certificate with the DMV for 3 years
  • Your premiums will double or triple for 3 years
  • Your insurance company could cancel your policy

Criminal – drivers over 21
Penalties are harsher for younger drivers (longer suspensions) and commercial drivers:

First conviction:

• License revoked for 90 days
  • After 45 days -  apply for a restricted license to drive to work and back
• 2 days to 6 months of jail
  • or 96 hours of community service
• Fine of $400 to $1,000
• Mandatory attendance at DUI school
  • Cost is $150
• Attend substance-abuse treatment program

Second conviction within seven years:

• License revoked for one year
  • You will not be eligible for a restricted license
• 10 days to 6 months jail or home arrest
• Fine of $750 to $1,000
• 100 to 200 hours of mandatory community service
• Car registration suspension possible
• Attend substance-abuse treatment program
  • or undergo clinical supervision for up to 1 year

Third (or more) conviction within seven years:

• License revoked for 3 years
  • May be eligible for a restricted license
• 1 year to 6 years prison
• Fine of $2,000 to $5,000
• Car registration suspension possible

DUI causing death or serious injury (even 1st offense):

• License revoked for 3 years
• 2 years to 20 years prison
• Fine of $2,000 to $5,000