Nevada law 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.

DUI means Driving Under the Influence of alcohol or drugs (whether prescription or illegal drugs). You can also violate the DUI laws by driving with 0.08 or more blood alcohol level or if a blood or breath sample within 2 hours of driving is 0.08 or more – unless you can prove that you consumed the alcohol AFTER driving.

You may 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 0.08 percent.

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 or blood test. If you refuse to submit to the tests, the police officer will seize your driver’s license on the spot, arrest you, and may use reasonable force necessary to obtain a blood sample from you.

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.

Even if 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, including but not limited to: 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.

First Offense DUI

The first offense is a misdemeanor. The first offense in seven (7) years is punishable by a minimum of 2 days in jail to a maximum of 6 months in jail or 48 to 96 hours of community service in distinctive garb; a fine of not less than $400 and not more than $1,000 plus court costs and assessments; successful completion of DUI School which is an approved educational course on the abuse of alcohol and controlled substances; completion of the Victim Impact Panel; and a 90 day revocation of your driver’s license by the Department of Motor Vehicles (after 45 days you can apply for a hardship restricted license).  You will also need to obtain SR22 car insurance prior to reinstating your license and maintain it for a three (3) year period.  If the blood alcohol level is .18 or greater, an alcohol evaluation is mandatory prior to sentencing and you may be required to perform additional alcohol counseling. If you are under 21 years of age at the time of the violation, an alcohol evaluation is mandatory prior to sentencing.
If you are charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.

Second Offense DUI

A second offense within a seven (7) year period also constitutes a misdemeanor and punishable by a minimum of ten (10) days but not more than six (6) months in jail; a fine of not less than $750 and not more than $1,000 plus court costs and assessments; a minimum of 100 hours but not more than 200 hours of community service in distinctive garb; completion of Victim’s Impact Panel; and revocation of your driver’s license for a period of one year by the Department of Motor Vehicles (there is no getting your license early). For a second offense, an alcohol evaluation is mandatory prior to sentencing and the Court may order you to attend a program of treatment.  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 charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.

Third Offense DUI

A third offense within a seven (7) year period is a felony punishable by not less than 1 year nor more than 6 years in the Nevada State Prison; a fine of not less than $2,000 and not more than $5,000; completion of Victim’s Impact Panel; and revocation of your driver’s license for a period of 3 years by the Department of Motor Vehicles.  It is important to note that the prison sentence for a felony DUI is a non-probationable offense.  This means that unless you are accepted into a Court approved DUI diversionary program, i.e. The Serious Offenders Program, you must be sentenced to prison for a third (3rd) time felony DUI.  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 charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.

Other Felony DUI’s

You have committed a Felony DUI if:

• You cause an accident while under the influence which results in death or “substantial bodily harm” to another person; or

• You receive a third DUI conviction within seven years (including a conviction from another state).

• 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.

If you are charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.

Revocation of Your Driving Privileges and DMV Hearings

You will face the possibility of losing your license if you are arrested for DUI, even if you are not convicted criminally of the DUI.  Prior to revoking your driver’s license, DMV will provide you the opportunity to challenge the revocation through a DMV hearing in front of an administrative hearing officer.  The opportunity to request such a hearing is time sensitive; therefore, it is very important to contact Jeffrey S. Posin and Associates as soon as possible after your arrest so we can protect your driving privileges.

Your first DUI may result in a 90 day revocation of your license, with that period increased to one year for your second conviction. Your third DUI offense may result in a loss of your license for three years. The revocation begins five days after the notice is mailed by DMV or on the date indicated on the temporary license if your license is seized by the police at the time of arrest. 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. You may request a hearing on the revocation through DMV. You may appeal the revocation of your driver’s license through a DMV hearing, and you may request a temporary hardship license enabling you to drive a limited amount of places, including to work, after half of the revocation period has expired for a first or third time DUI’s. This “work license” may require a Breath Ignition Interlock Device to be installed in your vehicle.

If you are charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.

Driving on a Revoked License

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 your offense.

If you are charged with a DUI e-mail or call Jeffrey S. Posin & Associates at (702) 396-8888 so that our attorneys can help in your defense.