Best DUI & DWI Lawyers in Nevada

About DUI & DWI Law in Nevada, United States

Driving under the influence (DUI) and driving while intoxicated (DWI) are serious offenses in Nevada. State law prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol, drugs, or any combination of these substances. DUI and DWI cases typically involve measurements of a driver’s blood alcohol concentration (BAC), but charges can also result from impaired driving due to drugs, even if taken legally or prescribed. Nevada enforces strict penalties for these offenses, making it essential for individuals charged with DUI or DWI to understand their rights and responsibilities under the law.

Why You May Need a Lawyer

Facing DUI or DWI charges in Nevada can have serious short-term and long-term consequences, including potential jail time, fines, license suspension, and a permanent criminal record. You may need a lawyer if you have been arrested for DUI or DWI, are facing repeat offenses, have caused an accident involving injury or property damage, or are at risk of losing your driving privileges. Legal representation can help ensure your rights are protected, assist with negotiations or plea bargains, represent you in court, and help navigate Nevada’s complex legal system. A qualified lawyer can also work to minimize penalties or explore options for defense based on the circumstances of your arrest.

Local Laws Overview

Nevada’s DUI and DWI laws set legal limits for BAC at 0.08 percent for most drivers and 0.04 percent for commercial drivers. For drivers under 21 years of age, the limit is 0.02 percent. Nevada also enforces an “implied consent” law, meaning that by driving in the state, you automatically consent to chemical testing if suspected of DUI or DWI. Refusing a chemical test can result in immediate license suspension.

Penalties for DUI or DWI in Nevada vary depending on whether it is your first, second, or subsequent offense. Typical consequences may include fines, mandatory DUI classes, community service, imprisonment, installation of an ignition interlock device, and driver's license suspension. Nevada also has enhanced penalties for DUI with high BAC, causing injury, death, or involving minors in the vehicle.

In addition to criminal consequences, a DUI or DWI charge can also trigger a separate administrative process with the Nevada Department of Motor Vehicles, which may affect your driving privileges regardless of the outcome in criminal court.

Frequently Asked Questions

What is considered DUI in Nevada?

A DUI in Nevada is operating a vehicle with a BAC of 0.08 percent or greater, or while impaired by alcohol or drugs to a level that renders you incapable of safely driving.

Can I be arrested for DUI without failing a breathalyzer?

Yes, you can be arrested for DUI based on officer observations and field sobriety tests, or if you are impaired by substances other than alcohol, such as prescription or illegal drugs.

What are the penalties for a first-time DUI in Nevada?

Penalties for a first-time DUI offense in Nevada typically include fines, a mandatory DUI school, a license suspension, possible community service, and up to six months in jail (though jail time may often be suspended or reduced).

How long will a DUI stay on my record?

A DUI conviction in Nevada will remain on your criminal record, but may be eligible for sealing after seven years, if certain conditions are met.

What happens if I refuse to take a breath or blood test?

Refusing a chemical test will result in an immediate license suspension and may be used as evidence against you in court.

Can I challenge a DUI charge in Nevada?

Yes, a lawyer can help you challenge evidence, contest the legality of a stop, question test procedures, and represent you in negotiations or at trial.

Will I lose my license after a DUI arrest?

Nevada law allows for administrative license suspension, even if you have not yet been convicted, but you are entitled to a DMV hearing to contest the suspension.

Are there alternatives to jail for a DUI in Nevada?

For first and some second offenses, courts may order alternatives such as treatment programs, community service, or house arrest in place of jail time.

Is it possible to get a DUI dismissed or reduced in Nevada?

In some cases, reduced charges or dismissals may be possible as part of a plea deal or if there are significant procedural errors, but outcomes vary based on individual circumstances.

Do I need a lawyer for a DUI or DWI case?

It is strongly recommended, as DUI and DWI laws are complex and penalties can be severe. A lawyer can safeguard your rights and help achieve the best possible resolution.

Additional Resources

Nevada Department of Motor Vehicles - administers license suspensions, DMV hearings, and offers forms and information on DUI offenses. Nevada State Bar Association - helps connect the public with qualified legal professionals, including those specializing in DUI and DWI cases. Nevada Law Library - provides access to statutes, regulations, and legal guides related to DUI and DWI. Local Traffic Courts - handle the legal proceedings for DUI and DWI arrests. Substance Abuse Treatment Centers - assist those facing required evaluation or treatment as part of DUI penalties.

Next Steps

If you are facing DUI or DWI charges in Nevada, act quickly. Prepare a list of facts about your case, gather all paperwork related to your arrest, and contact a qualified local DUI or DWI attorney as soon as possible. They will advise you on your rights and how to proceed with both the criminal court process and any DMV hearings regarding your license. Understanding your legal options and seeking timely professional help can make a critical difference in the outcome of your case.