If you've been arrested for a DUI (Driving Under the Influence) in the state of Nevada, don't despair. There are a number of defenses that you can raise to have your charges either dismissed or significantly mitigated.
Know Your Rights - Nevada DUI Defenses
One of the first ways that you can challenge a DUI arrest or charge is to challenge the stop itself. The police have to have probable cause in order to stop your vehicle and engage in an arrest or detainment. It cannot be a pretextual stop.
In other words, they can't just pull you over because it's Saturday night and it's 2 a.m. and you're out on the road. The police have to cite their probable cause to stop your vehicle. That means that you were speeding, that you were weaving in-and-out of traffic, that maybe your tail light was out - but there has to be a reason.
After you've been pulled over for a traffic violation, the officer will approach. If they believe that you have been drinking or are intoxicated for some reason, the officer may ask you to do a series of tests. These are called field sobriety tests. You have the right to refuse the field sobriety tests.
If you choose to do the field sobriety tests, you have to make sure you follow the officer's instructions explicitly because everything that you do is going to be used and examined as to whether or not you were impaired at the time you were operating a vehicle.
You can learn more about the Nevada Revised Statutes for DUI here.
One of the things that has to be proven in a DUI case is that you were intoxicated at the time you were driving. You may have a drink and get into the car and drive - at that point in time your body may have not metabolized the alcohol. So - you would not be impaired. You may have two drinks and still NOT be impaired. Hours later, you may be impaired but that's not what the test is for. The test is whether you were impaired at the time you were driving.
If it's taken after, then it's not reflective of what your impairment is or what your alcohol level was at the time of the arrest - that means your arrest may be dismissed.
Hire the Right Las Vegas DUI Lawyer
If you've been arrested for a D.U.I., it's important to retain legal counsel immediately. The Spartacus Law Firm is available 24/7 to assist you with your DUI charges. Contact us today for a free in-person or virtual consultation.
What Happens When You Get Arrested? 5 Things To Do If You’re Arrested in Las Vegas
It’s possible that things may go awry on your Las Vegas vacation. Many people who find themselves facing charges in Las Vegas were simply visiting to have a good time and ended up in a situation where things got out of control. If you find yourself in this situation, it’s important to understand what happens when you get arrested in Las Vegas.
Some of the most common types of arrests that occur in Las Vegas include Driving Under the Influence (DUI), domestic violence, public intoxication, drug possession, and sex crimes such as solicitation and sexual assault. Much of the time, these charges will be considered a misdemeanor, but more serious charges such as a felony may be faced depending on the circumstances of the case.
Let’s take a look at what happens when you get arrested in Las Vegas and how a Las Vegas lawyer can help.
Getting Arrested in Las Vegas
If you’ve never been arrested before, then you’ll probably be scared and unprepared for what’s to come. The Nevada Revised Statute (NRS) 171.104 defines arrest as “the taking of a person into custody” as authorized by law. In Nevada, the police may arrest someone when there is probable cause to believe the suspect committed a crime.
In some cases, a person may be detained first to determine whether or not they should be taken into police custody. If a person is being detained, they must give their name to identify themselves but are not required to answer any other questions. The detainee may be searched on the scene and any possible threats such as a weapon may be seized at this time to ensure the safety of the public.
Detentions must be swift and must occur in the location where the police encountered the suspect. If the detainee has been cleared and is not being arrested, they are free to go, but if the detainee is determined to be arrested, they will be handcuffed and taken into police custody as soon as possible.
The Arrest Process
During the arrest process, the arresting officer will verbally inform the suspect(s) that they are under arrest. The officer will place handcuffs on the suspect(s) which are used to transfer them to the police station where they will be kept in custody. During this time, the arresting officer will also read the suspect(s) their Miranda rights which state that the arrestee has the right to remain silent and has the right to an attorney. Upon arrival at the police station, the arrestee will be booked and processed which includes the taking of their mugshot and fingerprints. Suspects will then remain in police custody until their case has been heard by a judge.
Most arrestees will be eligible to be released on bail or own recognizance in Nevada. This allows an arrested person to await their hearing outside of police custody under some restrictions. Regardless if bail is granted or not, a court date will be scheduled and the suspect must be present for their arraignment which is a formal reading of their charges. Failure to show up to this court date may result in increased charges, fines, and consequences.
5 Things To Do If You’re Arrested in Las Vegas
#1 Take Advantage of Your Miranda Rights
Miranda rights, also called Miranda warnings, are a notification that is given by an arresting officer to an arrestee. These warnings are to inform suspects of their Fifth and Sixth Amendment rights which state that you have the right to remain silent, meaning you are not required to answer any interrogating questions, and you have the right to an attorney. Miranda warnings are as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”
#2 Ask To Speak With a Las Vegas Lawyer
Before speaking with the police, it’s in your best interest to consult with a Las Vegas lawyer to see how you should proceed following your arrest. Your attorney will help you better understand your charges and will be able to assist you throughout your questioning. You have the right to have your lawyer present during the custodial interrogation which can help you avoid making incriminating statements and prevents further legal trouble.
#3 Seek Bail
The first thing on anyone’s mind who gets arrested is “how am I going to get out of here?”. Being in police custody is never fun and the goal is to get you out as soon as possible. To do this, you need to be able to post bail. Typically, an arrestee will be eligible for bail and if you are able to meet the requirements of your bail, your Las Vegas lawyer can help you get out of police custody. In order to post bail, one must do one of the following:
Pay the bail amount either through cash or check
Sign over the rights of ownership of a property they intend to use as collateral payment
Give the court a bond, or a promise to appear in court. Failure to appear in court will result in you having to pay the full sum of your bail to the court
Sign a declaration saying that you will show up in court when required. This is considered getting released on a personal recognizance
#4 Show Up For Court
After you’ve been arrested, whether you were released on bail or remain in police custody, you are required to show up to the court for your arraignment. This date will be given to you after your arrest and failure to present yourself to this appointment may result in the court issuing an arrest warrant to bring you back into police custody. If this occurs, you will likely face more serious charges and consequences, so it is in your best interest to appear in court on the day they tell you to.
#5 Seal Your Record
While Nevada doesn’t expunge criminal records, you can have your records sealed. This will make your record invisible to potential employers, which can greatly improve your employment opportunities. To seal your record, be sure to reach out to your Las Vegas lawyer. They’ll guide you through the steps to seal your record and ensure it gets done properly.
Contact Las Vegas Lawyers at Spartacus Law Firm
If you’re a medical professional facing domestic violence, DUI, or other legal charges, connect with the experts at Spartacus Law Firm. Spartacus Law Firm will fight to make sure that your rights are protected and will work aggressively to represent you to avoid penalties, fines, and damage to your career. Contact us today for a free in-person or virtual consultation. We are available 24/7 to assist.
Can You Go To Jail For a Car Accident? | Nevada DUI Law
Nevada state law can be confusing if you’re not familiar with the language used or how the system operates. When it comes to being charged and facing penalties, the circumstances of the crime will always be considered. So, if you’re wondering “can you go to jail for a car accident?”, the answer isn’t so black and white.
There are many factors that need to be assessed before a sanction can be allocated for a driving accident. A DUI Las Vegas attorney can help you navigate this difficult situation and will aggressively fight to represent you. Learn more about whether or not you can go to jail for a car accident below.
Can You Go To Jail For a Car Accident?
In short, it is possible for a person to be sent to jail for a car accident. The criminal liability of an “at-fault” driver will depend on the degree of blame and the repercussions of their actions. Nevada law declares that a driver who causes a fatality could be charged with a criminal felony or misdemeanor depending on the occurrences of the event. However, charges will vary case by case, even in cases where a motorist is killed.
Likewise, state law discusses the penalties faced by those who are found guilty of a serious vehicle accident that does not result in a fatality. Depending on how severe the accident was and the circumstances of how the accident occurred, a driver may still face jail time even if the victim walks away unscathed.
Let’s take a look at some of the specifics of reckless driving and driving under the influence.
Reckless Driving and Simple Negligence Accidents
Reckless driving in the state of Nevada is defined as driving “in willful or wanton disregard of the safety of people or property” around them. Simple negligence on the other hand, are accidents that occur due to lack of attention and are not made with ill-will. Nevada Revised Statutes (NRS) 484B.657 declares vehicular manslaughter caused by negligence a misdemeanor and requires an offender be punished as such.
A person may be charged with the misdemeanor if they cause another person’s death due to simple negligence. These are usually mistakes made out of simple error, not malice intention. Simple negligence in driving cases can look like any of the following:
Failure to yield
Eating while driving
Slightly speeding
Distracted driving (simply not paying attention)
Failure to use a turn signal
Failure to look and yield to oncoming traffic before changing lanes
Taking your eyes off the road for any amount of time
Simple negligence cases typically result in lesser charges and fines since they are classified as a misdemeanor. However, in reckless driving cases, NRS 484B.653 criminalizes the offense and results in more serious penalties. Reckless driving in the state of Nevada may look like any of the following:
Running a red light
Speeding in excess
Weaving in and out of traffic carelessly
Driving on the sidewalk
Aggressive tailgating
A reckless driving charge is considered a misdemeanor, but may be increased to a Category B felony if the offense results in another person’s death.
It’s also important to note that the degree of blame will significantly affect one’s charges. In cases that are out of the driver’s control, such as inclement weather or vehicle malfunctions, the accused will not face the same level of blame as a DUI or reckless driver case. Therefore, the charges and penalties will differ depending on the circumstances of the accident.
Possible Penalties and Charges
If convicted of vehicular manslaughter due to simple negligence, a person can face up to 6 months in jail and a $1,000 fine. The penalties may be doubled if the accident happened in a work zone and the death will also go onto a person’s driving history. This could possibly lead to a license suspension and more fines.
If convicted of vehicular manslaughter due to reckless driving, a defendant faces 1-6 years in prison and up to $5,000 in fines. Your penalties can also be doubled if you caused the death in a work zone.
Driving Under the Influence (DUI) Accidents
Operating a motor vehicle under the influence of such substances is extremely prohibited by motorists of all types. In Nevada, driving under the influence of drugs or alcohol will hence result in severe legal charges. A person is considered under the influence if they are impaired to the degree that they are driving recklessly. Also, if a driver displays a blood alcohol concentration (BAC) of 0.8% or more at the time of the accident, they will be charged with DUI.
In cases where the DUI offender causes the death of another person, the charges and penalties are even more severe.
Possible Penalties and Charges
DUI penalties in Nevada will vary depending on whether the incident was the first, second, or third offense. According to NRS 484C.400, a first DUI offense charge will result in mandatory 2-day hold in jail (or equivalent in community service hours) with a maximum hold of 180 days, a $400 minimum fine, and license revocation for at least 185 days.
A second DUI offense will result in a mandatory 10 days in jail or home confinement with a maximum hold of 180 days, a $750 fine, and license revocation for 1 year.
A third DUI offense will result in 1-6 years in prison, a $2,000 minimum fine, and license revocation for 3 years.
In DUI cases that result in a fatality, NRS 484C.430 states that the driver will be charged with a Category B felony and will spend 2-20 years in prison (away from violent offenders), face fines ranging from $2,000-$5,000, be required to attend a Victim Impact Panel, and will have a breath interlock system installed in your vehicle at your expense for at least 1 year upon release.
Meet With a Reputable Las Vegas DUI Attorney
A Las Vegas attorney such as those at Spartacus Law Firm will fight to make sure that your rights are protected. Losing isn’t an option. Having extensive experience with DUI law in Nevada, we’re more than prepared to help you find justice following your accident. A DUI is a serious legal matter and should be handled by a serious legal defense team. We will aggressively represent you to avoid penalties, fines, and damage to your driver history.
Connect with us today to learn more about your rights and see how we can help you avoid serious legal implications.
