The State of Nevada takes driving under the influence (DUI) very seriously. According to the Nevada Office of Traffic Safety, drunk driving resulted in at least 130 fatalities every year between 2016 and 2020. For Nevada lawmakers, even one fatality is too many, since driving under the influence is entirely preventable.
In an effort to curb drunk driving, the state has implemented strict penalties for anyone convicted of a DUI. This means that if you are convicted of a DUI — even if it is your first one — you could be subject to life-changing penalties
How Nevada Law Defines Drunk Driving
Under Nevada law, you are considered to be driving under the influence if you are operating a vehicle while impaired to a degree that you cannot safely drive. Alternatively, if the state determines that you have a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving, you can be charged with a per se DUI.
These standards drop even more for some drivers. Commercial drivers will be charged if their BAC is 0.04 or higher, and drivers under 21 years old may not have a BAC of 0.02 or higher. Because both of these types of drivers are in a special category, they will likely face harsher consequences than the standard first-time penalties
Keep in mind that the term “first-time” is a bit of a misnomer. When determining what penalties will apply in a DUI case, the court only looks back seven years. Thus, if you were convicted of a DUI eight years ago but at no other point in the intervening time, you would be penalized as if this was your first DUI if convicted.
DUI Without Driving
Curiously, there is one other way that you can get a DUI in Nevada, and it doesn’t involve driving. To prevent drunk driving, Nevada allows people to be arrested for DUIs even if they aren’t driving a car. The rule prohibits anyone with a BAC of 0.08 or higher from being in “actual physical control” of a vehicle.
Whether someone is in control of a vehicle depends on certain circumstances. A judge, jury, or prosecutor will take into account factors like:
Whether you had the ignition key on your person
Whether the car was turned on
Where the car was located
What seat you were in
Whether it was day or night
Whether you were awake or asleep
Whether you could have driven the car to the location where it was found
Because this charge is more subjective, an experienced DUI defense lawyer may be able to help you defend against it if you contact them immediately after being charged.
First-Time DUI Penalties
If you are convicted of a first-time DUI, the judge will assign penalties based on the guidelines defined by law. Judges have a modicum of flexibility when assigning penalties, but they can’t ignore the law or minimum sentencing guidelines.
Jail Time
The judge can assign anywhere from two days to 180 days in jail after a DUI conviction. However, this doesn’t mean that you will spend time in a jail cell. For instance, if the judge assigns the minimum sentence, they can replace that time with 48 hours to 96 hours of community service.
Fines
Technically, you can be fined between $400 and $1,000. However, this doesn’t include fees and assessments, which can add a few hundred more to your fine. For example, you will be required to pay for installing — and eventually removing — an ignition interlock device (IID) in your car.
License Revocation
Your license may be revoked for 185 days, or about six months, after a conviction. There is a cost to get your license restored that is not included in the fines you were assigned.
Ignition Interlock Device
After your license is restored, you must use an IID for 185 days. Effectively, this means it can be a whole year before your full driving rights are restored.
Alcohol or Drug Treatment
If your BAC is 0.18 or higher, you will also be assigned to a drug or alcohol treatment program. This is usually not optional, and you will be further penalized if you don’t attend.
Contact the DUI Doctor for Skilled Help Today
If you are facing first-time DUI charges in Nevada, the penalties could be life-altering. The DUI Doctor can help you protect both your rights and your future. Contact us today to schedule a consultation with a Las Vegas criminal defense attorney who cares.
Comments