DUI Lawyers

Meet Your DUI Defense Attorneys

The DUI attorneys at Clear Counsel Law Group understand that an arrest does not equal guilt. If you were improperly field tested, targeted for ‘swerving’, or coerced into making statements against your interest, you can fight back and assert your rights. We can help.

Whether you are on your first DUI offense or your third, it is on the state to properly demonstrate the burden of the charges brought against you. Our DUI defense attorneys work to make sure every aspect of your case has been handled according to the law and without prejudice.

Your Guide to DUI

We’ve gathered all the information in one source. This is your guide to DUI, DUI laws, DUI lawyers, and what to expect.

How Can a DUI Attorney Help?

From the moment of arrest, a DUI attorney can provide vital guidance and representation. What you don’t know about DUI laws and the justice system puts you at risk of being over-charged or unjustly convicted.

Evaluating Evidence:

A skilled DUI attorney will meticulously review all evidence, including police reports, BAC test results, and witness statements.
They assess the legality of the traffic stop and the subsequent procedures followed by law enforcement, identifying any potential violations of rights or procedural errors.

Negotiating with Prosecutors:

DUI attorneys negotiate with prosecutors to reduce charges or penalties, especially in cases where evidence is questionable, or rights have been infringed upon.
In some instances, they might secure plea bargains, reducing a DUI charge to a lesser offense, which can significantly impact the severity of the charge and any subsequent penalties.

Representing DUI Clients in Court:

If a case goes to trial, a DUI attorney provides expert representation in court.
They present evidence and arguments, challenge the prosecution’s case, and aim to secure the best possible outcome for their client.

Strategic DUI Legal Defense:

Defense strategies might include challenging the accuracy of blood tests or other BAC tests, arguing against the legality of the DUI checkpoint or stop, and questioning the officer’s interpretation of field sobriety tests.
DUI attorneys also explore any mitigating factors that could influence the severity of the sentence. The circumstances of a stop or arrest can matter in court.

An Intro to DUI in Nevada

In Nevada driving under the influence (DUI) is a serious offense with significant legal implications. The term DUI typically refers to operating a motor vehicle while impaired by alcohol, illegal drugs, or even certain prescription medications. Under Nevada law, a key factor in determining a DUI is the blood alcohol concentration (BAC).

Drivers aged 21 and over, a BAC of 0.08% or higher is illegal.
Commercial drivers, the limit is set lower at 0.04%.
Under the age of 21, 0.02% can lead to DUI charges.

It’s important to understand that in Nevada, DUI laws extend beyond just driving a vehicle. Being in actual physical control of a vehicle while under the influence also constitutes a DUI. This means that if an individual is impaired and in a position to operate the vehicle, even if they are not driving at the moment, they can still be charged with DUI.

These laws also encompass impairment due to drug. This includes illegal drugs and certain legal medications if they impair your ability to drive. The presence of certain drugs in one’s system can lead to a DUI charge, irrespective of whether the driver feels impaired or not.

Levels of DUI Offenses and Penalties

In Nevada, DUI offenses are taken very seriously, and the law categorizes these offenses into different levels based on the severity and the number of repeat offenses. The penalties for each level increase significantly and can have lasting effects on your life. Understanding these levels and the associated penalties is critical for their role as a deterrent and sobering for anyone facing a DUI charge in Nevada.

First-Time DUI Offense:

Penalties: A first-time DUI offense in Nevada is typically treated as a misdemeanor, but the consequences are still substantial.

Jail Time: 2 days to 6 months or 48 to 96 hours of community service.
Fines: Fines range from $400 to $1,000, excluding additional court costs.
DUI School: Mandatory attendance at a Nevada DUI school (typically an online or in-person educational program).
Victim Impact Panel: Attendance at a session where victims of DUI incidents share their experiences.
License Suspension: A mandatory 90-day driver’s license suspension. Followed by up to a 185-day suspension. A restricted license can be allowed under certain circumstances.
Ignition Interlock Device: Requirement to install an ignition interlock device for 1 to 3 years after getting back the license.

It’s important to note that if the BAC is significantly higher than the legal limit (0.18% or more), the court may impose additional penalties, including an alcohol/drug dependency evaluation.

Second DUI Offense (within 7 years of the first):

Increased Penalties: A second DUI offense within seven years of the first leads to more severe consequences.

Jail Time: Mandatory imprisonment of 10 days and up to 6 months.
Fines: Fines increase to between $750 and $1,000, not including court costs.
License Suspension: A 1-year driver’s license suspension with no possibility of a restricted license.
Ignition Interlock Device: Mandatory installation of an ignition interlock device for 6 months to 1 year after license reinstatement.
Community Service: 100 to 200 hours of mandatory community service.
Treatment Program: Possible requirement to complete a substance abuse treatment program.

Third and Subsequent Offenses (within 7 years of the second or previous third):

Felony Charges: A third DUI offense within seven years is treated as a felony in Nevada, carrying much more severe penalties.

Jail Time: Imprisonment for 1 to 6 years in a Nevada state prison.
Fines: Fines ranging from $2,000 to $5,000.
License Revocation: 3-year revocation of the driver’s license.
Ignition Interlock Device: Requirement to install an ignition interlock device for 1 to 3 years after getting back the license.

These penalties underscore the state’s intent to strongly discourage repeat DUI offenses and highlight the seriousness with which such offenses are treated.

DUI Causing Injury or Death:

Severe Legal Repercussions: A DUI that results in injury or death is a category B felony, regardless of whether it’s a first or subsequent offense.

Imprisonment: 2 to 20 years in a state prison.
Fines: Fines ranging from $2,000 to $5,000.
No Probation: Nevada law prohibits probation or a suspended sentence for this offense.

Nevada’s 7-Year DUI Look-Back Period

What Is a Look-Back Period?

When you’re charged with a DUI in Nevada, previous DUI convictions can affect your case. The “look-back period” is the time window where past DUIs count toward making your current charge more serious.

How Nevada’s Look-Back Period Works

Nevada uses a 7-year look-back period
The clock starts from your last DUI offense date
Any DUI conviction within these 7 years counts as a prior offense
DUIs older than 7 years typically won’t affect your current case

Example Timeline

Let’s say you get a DUI charge in 2024:

A previous DUI from 2018 WOULD count (within 7 years)
A previous DUI from 2016 would NOT count (outside 7 years)

Important Note

The exact date matters. Even if your previous DUI was nearly 7 years ago, it still counts if you haven’t reached the full 7-year mark. Don’t take chances with these calculations – let our experienced Nevada DUI attorneys review your history and explain how it affects your case.

Consequences of a DUI Conviction

A DUI conviction in Nevada carries with it legal penalties (jail, fines) and additional consequences that extend beyond the courtroom and carry long-lasting impacts. Here are some of the possible consequences of a DUI conviction in Nevada.

Driver’s License Suspension:

Even for a first-time DUI offense, an individual faces a mandatory 90-day and up to 185-day license suspension. For repeat offenders, this period is significantly longer.
A suspended license can greatly impact daily life, limiting one’s ability to commute to work, attend educational institutions, or fulfill family responsibilities.

Insurance Costs:

Following a DUI conviction, car insurance rates often increase significantly.
Offenders are often required to obtain an SR-22, a form provided by insurance companies certifying that the individual holds a certain higher minimum level of car insurance. This requirement can last for several years and may label the individual as a high-risk driver.

Employment Ramifications:

DUI convictions can affect current employment, particularly if the job requires driving.
Future job prospects can also be impacted, as many employers conduct background checks that reveal DUI convictions.
Certain professions, especially those involving transportation or requiring a clean driving record, may be particularly affected.

Impact on Professional Licenses and Immigration Status:

Professionals with licenses (e.g., doctors, nurses, lawyers) may face additional scrutiny and possible disciplinary actions from licensing boards.
For non-U.S. citizens, a DUI conviction could affect immigration status, including visa renewals or applications for permanent residency or citizenship.

DUI Tests – What Are Your Rights?

In Nevada, several tests are used by law enforcement to determine impairment in drivers suspected of DUI. Each test serves a specific purpose. Your DUI defense lawyer understands these tests, along with your legal rights, which helps you avoid an arrest or fight a charge.

Field Sobriety Tests:

These tests assess balance, coordination, and the ability to follow instructions.
Common tests include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand.
Performance can be subjective, and results are based on the officer’s observations.
Drivers have the right to refuse field sobriety tests, but refusal may be used as evidence of impairment in court.

Breathalyzer Test:

Measures the Blood Alcohol Concentration (BAC) through a breath sample.
Typically administered using a handheld device at the roadside.
Refusing a breathalyzer test in Nevada leads to an automatic license suspension under the state’s implied consent law. This refusal can also be used against you in court.
Inaccuracies in the test can occur, and its administration and the device’s maintenance records can be challenged in court.

Blood Tests:

Considered the most accurate method for determining BAC or the presence of drugs.
Usually conducted at a medical facility after a lawful arrest.
Under Nevada law, refusal to submit to a blood test after a DUI arrest can result in similar penalties to refusing a breathalyzer test.
The procedure for taking and handling blood samples is strictly regulated, and any deviation from these procedures can be grounds for challenging the test results.

Your Rights:

In Nevada, you have the right to refuse field sobriety tests (like walking in a straight line) without automatic penalties. However, refusing a blood or breath test after arrest carries serious consequences due to Nevada’s “implied consent” laws. While these tests help law enforcement identify impaired drivers, they aren’t perfect – equipment issues or medical conditions can affect results. Our attorneys examine whether your rights were properly explained and if tests followed legal requirements.

Common DUI Questions

Can I Get Around a License Suspension? MAYBE! In Nevada, a license suspension is a standard consequence of a DUI conviction. The state takes DUI offenses seriously, and circumventing a license suspension is not typically possible. However, you might be eligible for a restricted license, which allows for limited driving, such as commuting to work or school, during the suspension period. The eligibility and terms for a restricted license depend on the specifics of your case and your driving history. Enlisting a criminal defense attorney is invaluable when arguing for a restricted license or a limited suspension for first time offenders.

Can I Get Charged with DUI if Under the Limit? YES! Even if your BAC is under the legal limit of 0.08%, you can still be charged with DUI in Nevada. This occurs if the officer determines that your ability to drive has been impaired by alcohol or drugs, regardless of the BAC level. Moreover, drivers under 21 or those holding a commercial driver’s license face stricter BAC limits.

Does DUI Show on a Background Check? YES, a DUI conviction will appear on a background check in Nevada. DUIs are criminal offenses, and as such, they are entered into your criminal record. This can affect employment opportunities, especially in jobs requiring a clean driving record or in certain professional fields.

Is a Court Appearance Needed? YES! For most DUI cases in Nevada, a court appearance is necessary. DUI charges are criminal charges and addressing them typically requires appearing in court. In some instances, an attorney can appear on your behalf, but this depends on the case’s circumstances and the court’s rules.