DUI Penalties and Punishments in Las Vegas, Nevada

Getting arrested for DUI in Las Vegas can be a scary experience. The penalties seem harsh, and it can feel overwhelming to navigate the legal system. But with the right legal help, many people charged with DUI for the first time can get through it without serving jail time.

This article will walk you through what to expect if you’re arrested for DUI in Las Vegas, including the penalties for first, second, and third offenses. We’ll also discuss some of the best defenses that a knowledgeable DUI attorney can use to fight the charges against you or at least reduce the penalties.

Penalties for a First DUI Offense in Las Vegas

A first-time misdemeanor DUI in Nevada carries penalties of 2 days to 6 months in jail, fines from $400 to $1,000, DUI school, victim impact panel, and a 185-day license suspension[1]. But the good news is that for many first offenders, the judge will give credit for the initial booking and release from jail as the 2 day minimum sentence. That means no additional jail time beyond the first day or two after the arrest[2].

Here are some of the common penalties for a first DUI conviction in Las Vegas:

• Jail time: 2 days to 6 months in jail. Often just the initial booking and release counts as the 2 days.
• Fines and fees: $400 – $1000 in fines plus court costs, which can add several hundred dollars more[3].
• License suspension: A 185-day suspension, but you can get a restricted license with an ignition interlock device after 45 days[4].
• DUI school: An 8-hour alcohol education course.
• Victim impact panel: Attending a lecture by MADD or a similar organization.
• Probation: Up to 6 months of probation is likely.
• SR-22 insurance: You’ll need to get special SR-22 high-risk insurance for 3 years[4].
• Treatment: Possible alcohol abuse treatment if your BAC was 0.18% or higher[1].
• Ignition interlock: The court may require an ignition interlock device in your car for up to 3 years if your BAC was 0.18% or more[1].

As you can see, a first DUI conviction has serious consequences including fines, license suspension, and the possibility of jail time. But an experienced DUI lawyer can often get charges reduced or dismissed for first-time offenders.

Penalties for a Third DUI Offense

A third DUI offense within 7 years is a felony in Nevada punishable by 1-6 years in prison and fines of $2,000 to $5,000[6].

A third DUI conviction results in:

• Prison: 1-6 years in prison, usually in a minimum security facility
• Fines: $2,000 – $5,000
• License revocation: At least 3 years
• Treatment: Substance abuse evaluation and mandatory treatment
• Ignition interlock: Likely required for 1-3 years after release

A third DUI offense has devastating consequences making it vital to fight the charges with an experienced criminal defense attorney. They may be able to get charges reduced to a misdemeanor to avoid mandatory prison time.

DUI Charged as a Felony

In certain circumstances, a DUI may be charged as a felony even if it’s the first offense:

• Injury DUI: If the DUI caused substantial bodily harm or death to another person.
• Child endangerment: If there was a child under 15 in the vehicle when you were arrested.
• Prior felony DUI: If you have a previous felony DUI conviction on your record.

A felony DUI conviction can result in 2-20 years in prison and fines of $2,000 to $5,000. Any injury or death related DUI or DUI with a child will be aggressively prosecuted. An attorney may be able to get charges reduced to a misdemeanor.

Possible Defenses to DUI Charges

There are many potential defenses that a skilled DUI lawyer can use to fight your charges. Here are some of the most common:

• No probable cause for the traffic stop: If the officer didn’t have legal justification to pull you over, any evidence found after that point may be excluded.
• Improper administration of field sobriety tests: If the officer made mistakes in how they conducted the roadside tests, the results can be called into question.
• Faulty breathalyzer: If the breath test machine wasn’t properly calibrated and maintained, the BAC results can be challenged.
• Medications or medical conditions: Many prescription medications, medical conditions, and even low carb diets can create a false positive on a breath test.
• Rising blood alcohol level: It’s possible your BAC was actually below 0.08% when you were driving if tested later after more drinks.

A skilled DUI defense lawyer will thoroughly examine every aspect of your arrest and testing to build the strongest case possible. Many times charges can be reduced or dismissed when an attorney identifies issues with how the police handled the traffic stop, field testing, and chemical testing.

Finding the Right DUI Lawyer in Las Vegas

Fighting a DUI charge requires specialized legal knowledge and extensive experience handling these complex cases. Here are some tips on finding the right DUI attorney:

• Look for a lawyer that specializes in DUI defense and handles these cases every day. Avoid lawyers that take all types of cases.
• Find an attorney with a proven track record of getting DUI charges reduced or dismissed pre-trial. Ask about their success rate.
• Make sure they have experience litigating DUI cases at trial if needed. Not all lawyers have trial skills.
• Consider a larger firm with significant resources to devote to reviewing all evidence and hiring experts if needed.
• Find a lawyer you’re comfortable with and that makes you feel they are fighting aggressively on your behalf. Trust your gut.
• Ask about fees upfront and avoid any lawyers suggesting illegal tactics like bribing officials.

With the right legal representation, many people charged with a first or even second DUI can avoid the worst penalties of fines, jail time, and license suspension. For a free consultation with an experienced DUI defense lawyer in Las Vegas, contact us today.