Looking For Las Vegas DUI Lawyer Online-- A Few Tips To Get You Started

The laws of the State of Nevada make it a misdemeanor offense to operate any motor vehicle while either:1. Under the influence of alcohol and/or drugs (referred to as "DUI") to a degree that renders one unable to safely drive a vehicle; or 2. Having a blood alcohol concentration (BAC) of .08% or higher (also known as the illegal per se law, or simply per se). The existence of designated levels of certain drugs in the blood while driving also consitutes a per se offense.

You can be charged with either or both of these offenses. If, for example you are arrested for DUI ("driving under the influence of alcohol") and a chemical test of your breath or blood indicates a BAC of .07%, you may not be charged with the per se law, but you can still be charged with DUI if there is other evidence of impairment (driving, appearance, field sobriety tests, slurred speech, admissions of drinking, etc.). On the other hand, if you do not appear to be intoxicated but nevertheless have a BAC of .08% or higher, you can be charged with the per se offense. No evidence of impairment is required: the offense consists simply of (1) driving while (2) having .08% BAC at the time of driving.

If your test results indicate a .08% blood alcohol or higher, you will probably be charged with both offenses. Furthermore, you can be convicted of both offenses, but you can only be punished for one (the penalties are identical). If a blood sample is taken and the results indicate a minimal presence of drugs — legal or illegal — which can impair your driving, you will not be charged with the per se offense but can be charged with DUI.

For commercial drivers, the blood alcohol limit is .04%. For drivers under the age of 21, a "zero tolerance" policy of .02% applies.

If you refuse to submit to breath or blood testing, under Nevada's "Implied Consent" law (PDF download) there are two probable consequences:

1. The police may have a blood sample forcibly withdrawn from you; and 2. You will be charged with the usual DUI and/or per se offenses, and in addition with having refused — which carries additional penalties both in criminal court and with the license suspension.

If you are convicted of either DUI (driving under the influence of alcohol and/or drugs) or driving with over .08% blood alcohol content (BAC), Nevada law provides the following penalties:

1. Minimum of 2 days to a maximum of 6 months in jail, or with court approval at least 96 hours of community service. 2. A fine of $340 to $1175, plus additional fees and assessments. 3. Suspension of your driver's license for 90 days (reinstatement requires payment of fees, passing tests and submission of an SR-22 proof of insurance form). 4. Completion of an approved 8-hour DUI school or substance abuse program. 5. Attendance at a drunk driving Victim's Panel. 6. Possible required installation of "ignition interlock device" (IID) for 3 to 6 months. 7. If the blood-alcohol level is .18% or higher, submission to alcohol abuse assessment.

If you are arrested within seven years of a previous DUI or per se conviction, the following penalties are inceased:

1. Minimum jail term is 10 days (same maximum of 6 months). 2. Fine of $675 to $1175, plus additional fees and assessments. 3. Drivers' license suspension is increased to 1 year. A third conviction within 7 years consitutes a felony, and triggers the following provisions:

1. Incarceration for a minimum of 1 year to a maximum of 6 years in the state prison. 2. Fines of $2085 to $5085. 3. Driver's license revoked for 3 years. A DUI or per se offense which involved an accident causing death or substantial bodily injury to another is also a felony, punishable by 2 to 20 years in state prison.

1. Not taking the DUI charge seriously. This is a charge that will follow you for the rest of your life if you are convicted. The DMV will keep track of it until you are dead. It has to make sure to take your license away from you for 3 years if you have 2 DUI convictions within 5 years. They will take your license away for 5 years if you have 3 major traffic offense convictions in a 5-year period of time.The additional insurance charges alone could cost you thousands of dollars. If your your license is taken away, you have to prepay for an SR-22 endorsement to your policy. If you do not maintain your insurance, your insurance company must notify the DMV in advance. It will also raise your rates based on your conviction.

2. Not hiring a DUI lawyer. DUI law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser. What should you do? You need legal advice and fast. You want an attorney who knows how to handle your case, so get one and get one now!

3. Hiring a DUI lawyer based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

4. Not obtaining a temporary license and requesting a hearing at the DMV within 10 days, if your license was taken when you failed or refused to take an alcohol test. If you do not request a hearing, you will not be able to drive until after a hearing or for 90 days to a year. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons.

5. Not requesting that the officer be present at your motor vehicle hearing. If the officer audio or videotaped his contact with you, you will have to subpoena him to bring that evidence, otherwise he will not bring it. Further, if there is more than one officer present during your contact with the arresting officer, that officer will need to be subpoenaed as well. The DMV subpoenas only the arresting officer and/or the officer who took your breath sample. Many things can be learned at this hearing by your attorney if the officer is present. If the officer fails to appear or justify what was done, you get your license back.

6. Taking the District Attorney's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.

7. Failing to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

8. Talking to anyone but an attorney about your case. Anything you say to them can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you. It is in your best interest to remember the details of your arrest as it will help you in your defense. In any criminal case, you must be represented by a competent defense lawyer. You may choose a lawyer or risk the consequences of representing yourself. By hiring an attorney immediately following your citation, you won't miss any deadlines. Judges won't know if they should protect your rights unless someone defends you. For example, overworked prosecutors may use reports from inexperienced or over-zealous police officers to over-prosecute a case. Defense attorneys are aware of these tendencies and are trained to handle such situations. If you ask the judge to let you be your own attorney, he or she must allow this in most cases. But do not do this. In all DUI cases, get a lawyer quickly. You should interview immediately after arrest if you can (you have a 10-calendar-day deadline after arrest, if you lost your license).

9. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you. Do not even think about going solo on your case!

10. Not preserving evidence. The officer who arrested you has preserved what he believes to be evidence of your guilt. He wrote a police report describing his contact with you, he may have a breath test result, photos, audio-taped statements, and video tape. He may also have the statements of witnesses. Your ability to successfully defend your case may hinge on your efforts to preserve evidence of sobriety.

To the extent possible, you should have video and audio tapes made of yourself immediately after your release from custody. You should also gather witness names and addresses. You should try to procure a written statement of their recollections within a short period after your arrest. And perhaps most importantly, you should request an independent blood test immediately after submitting to a breath test. If you ask the officer for a blood test after submitting to a breath test, the officer must either release you so that you can get one or must take you to a doctor and/or hospital himself.

DISCLAIMER: DUI-Lawyer-Guides.com provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. * The operators at DUI-Lawyer-Guides.com do not give any legal advice.