AND ALCOHOL CONSUMPTION
forbids anyone from drinking an alcoholic beverage while they are
driving or in actual physical control of a motor vehicle. In addition,
it is unlawful for anyone to have an open alcoholic beverage container
in the passenger area of a motor vehicle while the motor vehicle
is being driven. This statute is separate and apart from Nevada's
drunk driving laws.
Driving Under the Influence of alcohol or drugs (whether prescription
or illegal drugs). You can also violate the DUI laws by driving
with 0.10 or more blood alcohol level or if a blood or breath sample
within 2 hours of driving is 0.10 or more - unless you can prove
that you consumed the alcohol AFTER driving.
be arrested for driving under the influence if it can be shown you
were driving while influenced by alcohol, "to a degree which renders
you incapable of safely driving or being in actual physical control"
of a vehicle, even if your blood alcohol level is less than 0.10
If you are
arrested for DUI, the police officer may request that you submit
to a preliminary breath test and then a follow-up breath, blood,
or urine test. If you refuse to submit to the tests, the police
officer will seize your drivers license on the spot, arrest you,
and may use reasonable force necessary to obtain a blood sample
If you are
arrested for DUI, you do not have the right to speak to your attorney
before submitting to a test for alcohol or controlled substances.
These tests do not constitute a custodial interrogation, so your
Miranda rights do not apply here. You must submit to the test(s)
for alcohol and/or controlled substances, and the police can use
reasonable force against you if you refuse to cooperate.
you are just asleep in the car when an officer arrives, you will
be arrested for a DUI if it is determined that you are in actual
physical control of a vehicle while under the influence of drugs
or alcohol. Actual physical control is determined in many ways,
but includes: 1) having the keys in your possession; or, 2) being
behind the wheel or having driven the car to its present location.
The penalty for driving under the influence and being in actual
physical control are the same.
DUI offense is a misdemeanor. Misdemeanors are punishable by up
to six months in jail and a $1,000 fine. The minimum penalties for
first offense are two days in jail or 96 hours of community service
while wearing distinctive DUI clothing, a $200 fine, $70 in court
costs, a $60 chemical test fee, and a DUI education course including
mandatory attendance at a victim impact panel. If your blood alcohol
level was 0.18 or more or you are under the age of 21, you must
also pay to have an alcohol evaluation done.
offense within seven years also constitutes a misdemeanor. You would
have to pay $100 to have an alcohol evaluation done, pay a fine
of from $500 to $1,000, serve 10 days in jail or 10 days of in-house
arrest to six months of jail/in-house arrest, and perform 100 to
200 hours of community services.
offense within seven years is a felony. The person must be sentenced
to one to six years in prison (not subject to probation) and pay
a $2,000 to $5,000 fine.
have an attorney if: 1) the prosecutor is recommending imprisonment
for your DUI conviction; 2) if the arrest will be your second or
third DUI conviction; or, 3) if you are being charged with a felony
DUI. If you cannot afford an attorney, one will be appointed for
you by the court.
committed a Felony DUI if:
- You cause an accident
while under the influence which results in death or "substantial
bodily harm" as described in to another person; or
- You receive a third
DUI conviction within seven years (including a conviction from
If you are convicted
of felony DUI you can expect to be fined from $2000-$5000 and will
serve between 2-20 years in prison. Also, it is important to note
that a DUI conviction from any state within seven years of the current
DUI case will count as a prior conviction in Nevada.
If you are arrested for
a DUI, you will go to jail. You will be transported to the nearest
facility for blood alcohol testing. You will have the opportunity
to post bail for your release.
You will face the possibility
of losing your license if you are arrested for DUI. The first offense
will result in a 90 days revocation of your license, with that period
increased to one year for your second conviction. Your third DUI
offense will result in a loss of your license for three years. You
may appeal the revocation of your driver's license through a hearing,
and you may request a temporary license enabling you to drive to
work after half of the revocation period has expired. This "work
license" will also require a Breath Ignition Interlock Device to
be installed in your vehicle. The revocation begins five days after
the notice is mailed by DMV. You may request a hearing on the revocation.
A driver is required to notify DMV of his or her current address
so it is not a defense that the driver did not receive notice. A
license to drive to work is available after half the revocation
time has been served.
Driving with a revoked
license will result in a penalty of 30 days in jail or 60 days house
arrest and a $500-$1000 fine. Additionally, your license will be
revoked for an additional period of time. After your revocation
period has expired, you must reapply for your license through the
DMV (including all tests and fees) and you will be required to carry
an SR-22 insurance policy for three consecutive years following
If you are charged with
a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 897-5870
so that our attorneys can help in your defense.