Las Vegas DUI Attorney

When you are facing intimidating DUI/ DWI charges, you need an experienced Las Vegas DUI Attorney on your side. Luh & Associates is ready to work with you to fight to have your charges dropped or reduced. DUI/DWI cases can become incredibly complex and often have severe penalties such as jail time, losing your drivers license, community service, and expensive fines. It is extremely important to have an experienced Las Vegas DUI Attorney represent you. Call Luh & Associates at 702-367-8899 or request a Free Consultation online now!

DUI in Nevada

A Nevada DUI (Driving Under the Influence) is defined by the Nevada state law as driving with a blood alcohol content of .08% or higher. Nevada DUI arrests result in two separate actions against you–a criminal court case and a DMV civil case.

When you are issued a DUI in Las Vegas you have 10 days to request a hearing at the DMV. Your hearing will be set one month after the date of your request. If you are convicted of the DUI, your license will be suspended for 90 days, but you may obtain a restricted license after being suspended for 45 days. If a breathalyzer test is used, your driver’s license is immediately suspended by the DMV. If a blood test is used, your license is suspended from the date the blood lab sends you the notice. You have 10 days from the date you receive your blood results in the mail to request a hearing. Your license is only valid during the period of time before your hearing.

Nevada Implied Consent Laws

Chemical testing is allowed. Blood, breath, or urine as selected by the officer.
The officer must advise the defendant as to the penalties for test refusal.
Test results can carry a 90 day license suspension.
Test refusal carries a 1 to 3 year license revocation and is admissible in court. There is a 90 day license revocation for refusing the Preliminary Breath Test (“PBT”)

DUI Criminal Penalties

Your Las Vegas DUI may result in one or more of the following penalties:

First DUI

2 days to 6 months of jail time
48 to 96 hours of community service (in place of jail time)
Fines from $400 to $1,000
Attendance at the Victim Impact Panel
Alcohol Education Requirements
Impounding of your vehicle
Ignition interlock system may be installed to obtain a restricted license

Second DUI (In 7 Years)

Jail time of 10 days to 6 months
48 to 96 hours of community service (in place of jail time)
Fines between $750 and $1,175
Suspension of driver’s license for 1 year
Ignition interlock system will be installed for 12 to 36 months to obtain a restricted license

Third or Subsequent DUI (In 7 Years)

Category B felony
1 to 6 years in prison
Fines between $2,085 and $5,085
Suspension of driver’s license for 3 years
Ignition interlock system will be installed for 12 to 36 months to obtain a restricted license

DMV Civil Portion

On top of those punishments, you will also face a civil matter which is a hearing with the Nevada DMV. At this hearing you could be given the following:

Suspension of license for ninety days
$121.75 in fees (possibly more)
Driving tests

You are Entitled to an in Person DMV Hearing to Contest the Suspension.

The hearing is conducted by what is referred to as a DMV hearing officer; this person is not a judge or an attorney. The hearing is conducted in a private room at the DMV and is recorded. The hearing officer acts as the prosecutor, judge, and jury in these hearings. This means they present the DMV’s case against you, interview witnesses, cross examine any defense witnesses, rule about evidence admissibility, and then make the final judgment as to who wins the case.

As you can see, DUI hearings are very difficult to win. If you lose the hearing, your driver’s license suspension will be upheld and you will forfeit all of your driving privileges for a specified amount of time. Upon reinstatement of your driving privileges, you’ll be required to maintain a high-risk DUI insurance policy referred to as an SR22 insurance policy.

Contact Luh & Associates if you are charged with a DUI/DWI in Las Vegas (Clark County, Nevada) Call us now at 702-367-8899 for a Free Consultation