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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
DUI cases in Las Vegas are almost never cut and dry. Even if your breathalyzer or blood test came back over the limit, there are often many issues an experienced DUI lawyer can use to get the charges reduced – or even dismissed. We understand how stressful this time can be, but it’s critical that you take control of your DUI defense as quickly as possible. Contact the Spartacus Law Firm now to get help from our experienced Las Vegas DUI attorney.
Driving Under the Influence (DUI) charges can be severe and penalties are often not favorable for the accused. There is much to consider when determining the penalties, fines, and charges of the driver cited, causing the consequences of a DUI to vary by case. In order to see that your case gets the best defense possible, it’s crucial that you work with a criminal defense lawyer that will aggressively fight for you.
At Spartacus Law Firm, our proven and resourceful Las Vegas DUI attorney team will provide you a strong defense and dedicated legal representation. Call us at (702) 660-1234 to schedule your free consultation.
A person is considered under the influence if they are impaired by drugs or alcohol to the degree that they are driving recklessly. NRS 484B.653 criminalizes reckless driving, making it a much more serious offense than simple negligence. A driver will face DUI charges in Las Vegas if they display a blood alcohol concentration (BAC) of 0.08% or more at the time of the accident. The same goes for drivers under the age of 21 who display a BAC of 0.02% or higher and for commercially licensed drivers who display a BAC of 0.04% or higher.
DUI penalties in Nevada will vary depending on whether the incident was the first, second, or third offense. In DUI cases that result in a fatality, the driver will be charged with a Category B felony and will face much harsher punishment.
Possible penalties of DUI charges include criminal arrest, vehicle impoundment, jail or equivalent community service hours, hundreds to thousands of dollars in fines, DUI school or substance abuse treatment, Victim Impact Panel, and permanent damage to your driving record. In some cases, a DUI offender may be able to avoid spending time in prison if a Misdemeanor or Felony DUI Court program is completed. This is an intensive rehabilitation program that is not available to everyone and eligibility is often determined by a judge.
The Nevada Revised Statutes (NRS) are the most up-to-date codified laws in Nevada. Several statutes discuss DUI offenses and reckless driving charges. Below is a list of DUI and other driving-related Nevada statutes to review:
If you are pulled over and suspected of driving under the influence, Nevada has laws which control the testing used to determine if you are under the influence of alcohol, drugs, prescription drugs or marijuana. The standard tests used include blood testing, breath tests and urine tests. The results of these tests can prove if you are intoxicated and to what extent you are intoxicated. There is a misconception that you can’t be convicted of a DUI without the results of a blood, breath or urine test, and therefore you should refuse the testing. Nevada statute 484C.160 states that “any person who drives or is in actual control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath…”
Before 2013, the police were able to force a blood draw under Nevada’s implied consent laws. In Missouri v. McNeely, 569 US 141 (2013), the United States Supreme Court addressed states implied consent laws head-on and ruled that the police can no longer force driving under the influence suspects to give a blood sample, unless they have a search warrant.
Most recently, however, In Mitchell v. Wisconsin, 139 S.Ct 2525 (2019), the United States Supreme Court, ruled that police may, without a warrant, order blood drawn from an unconscious person suspected of driving under the influence of alcohol. The Supreme Court did state they were addressing a narrow category of cases, however, one can not deny that the ruling in Mitchell allows for an easier time justifying warrantless blood draws of intoxicated drivers by law enforcement.
If you choose not to take a breath, blood, or urine test you could have your driver’s license revoked for one year. And your refusal may be seen as evidence of guilt at your DUI hearing. By law, Nevada drivers are required to submit to a PBT (preliminary breath test) when an officer suspects them of DUI. It’s important to note that refusing to take the PBT has consequences as well, such as:
However, while it is the law to consent to the PBT, the police cannot force you to take the test. If you’ve made the decision to forgo a preliminary blood test, speak with a DUI lawyer in Clark County as soon as possible.
Las Vegas sees 42.5 million visitors a year. And with the 24-hour party atmosphere, ease of purchasing alcohol, and an abundance of traffic, it’s no wonder that out-of-state DUI arrests are very common. Visitors often misunderstand the law. They assume the laws are more lenient in Las Vegas than in their home state. For example, it is legal to carry an open beverage in designated areas, like the Strip. But, it is not legal to drive with one. Public intoxication is not a crime, however, if the police determine that a person is intentionally being loud, acting aggressively, or initiating fights, they can be arrested for disturbing the peace or disorderly conduct.
If you have been arrested for a DUI on a recent trip to Las Vegas, you’ll need an experienced Las Vegas DUI lawyer to represent you. Spartacus Law Firm can handle all aspects of your case on your behalf. This means you won’t be required to attend court dates or produce the required documentation yourself. You can go back home knowing you’re in good hands.
If you are convicted of a DUI offense in Las Vegas, the DMV will report the offense back to the proper government agency in your state. Each state handles the offense differently, but some actions you could experience:
Most often, police are not trained properly in the NHTSA (National Highway Traffic Safety Administration) procedures or fail to execute the tests properly. A competent Las Vegas DUI defense lawyer can use this to your advantage. The NHTSA DUI manual clearly states that not following the procedures renders the results invalid. The three standardized Field Sobriety Tests are:
Even when not drinking, there are several reasons someone accused of a DUI may not perform well on FSTs. When you’re pulled over by the police and you see the flashing lights in your rear view mirror, it’s natural to be uneasy. Just because you may have performed a Field Sobriety Test poorly, does not automatically mean that you were drunk while behind the wheel. Our Las Vegas DUI attorney will walk through the series of events before, during, and after your encounter with the police and determine the best defense to refute their claims. Common reasons for a failed field sobriety test other than being drunk include:
Police are quick to accuse drivers of being under the influence if they notice weaving, serving, riding the lane line or driving too slowly for the flow of traffic. There are several non-alcohol-related factors can explain this driving behavior:
While efforts to reduce and prevent alcohol-impaired driving have proven to be quite successful over time, there are still thousands of DUI accidents occurring statewide. Between the years 2009 and 2018, 842 Nevadans have lost their lives due to alcohol-impaired driving fatalities. Since then, the state, specifically Las Vegas, has been working towards a “Zero Fatalities” initiative that has caused a soaring rise in DUI arrests.
A recent 2021 report from the Las Vegas police revealed that DUI arrests are up 9.7% from 2020. Shockingly, there have been 2,349 arrests in 2021, compared to 2,141 last year. That means that Las Vegas police made an average of 15 DUI arrests every day so far in 2021. It’s clear that COVID has changed a lot of driving patterns both last year and this year, but it’s also evident that local police are cracking down on drunk driving in Clark County.
Nationally, an estimated 1.7% of drivers report getting behind the wheel after having had too much to drink. That number is 1.6% in Nevada, which is remarkably close to the national average. Even the slightest increase in blood alcohol concentration (BAC) levels can affect a person’s ability to operate a motor vehicle.
At just 0.02% BAC, which is the equivalent of one 12 ounce beer with an alcohol concentration of 5%, you may feel dazed or confused, be at risk for making poor decisions, and have a hindered ability to see clearly. It’s important to understand these statistics to keep yourself and others safe. However, there is a fine line between being buzzed and being impaired. At the Spartacus Law Firm, our skilled Las Vegas DUI defense attorney has worked with countless clients in similar situations. With the right representation, you can mitigate DUI penalties, or even have the charges dropped altogether.
Most people who are charged with a DUI will be given a misdemeanor conviction, which is considered to be the standard DUI charge in Nevada. However, there are circumstances that would elevate a misdemeanor DUI to felony DUI. Some of those circumstances include causing serious injury or death of another person, severe property damage, or leaving the scene of an accident while under the influence. While a misdemeanor DUI is better than a felony DUI, it still comes with serious penalties such as:
