Driving under the influence of drugs or alcohol is a serious offense that often carries harsh penalties. In Nevada, the DUI charge also applies to prescription and over-the-counter remedies when taking them keeps you from safely driving your car. Being charged with a DUI does not have to ruin your life, but there are some things you should know:
There are three DUI laws that affect your DUI case:
Illegal Per Se Law – means that operating of a vehicle with a blood alcohol content (BAC) at or above the legal limit is an offense of impaired driving in and of itself. Nevada?s BAC limit is .02 for individuals under 21, .04 for commercial drivers, and .08 for everyone else. Even if your BAC is lower than the legal limit, you can still be arrested and/or cited for having a lower―but still detectable―amount of alcohol in your system. (NRS 484.379)
Implied Consent Law – You Cannot Refuse Testing! Driving or operating a vehicle under the influence of drugs or alcohol means you have already given your consent to be tested. Refusing to allow law enforcement to conduct a test is grounds for arrest and law enforcement may use reasonable force to obtain blood samples.
Open Container Law – It is illegal to drive a vehicle with an opened alcoholic beverage anywhere in the car. It doesn’t apply, however, to the living areas of a motor home or RV, or the passenger areas of buses, taxis, and limousines. If you are driving under the influence with minors under the age of 15 in your car – that will be considered an “aggravating circumstance” and will undoubtedly result in harsher penalties.
Getting a DUI comes with two different types of consequence: administrative and criminal. The DMV will impose its own penalties (administrative) and may include suspending your license, paying fines to the DMV and retaking DMV administered tests including vision, written and driver’s skills tests.
Criminal penalties are the penalties imposed by the state and get more serious with each offense. Additionally, penalties for drivers under 21 and commercial drivers are often greater. For a first offense DUI, you could face the following penalties:
- Driver license revoked for 90 days (after 45 days, you may be eligible to apply for a restricted license that will enable you to drive to work and back);
- Jail sentence of at least two days and up to six months, or 96 hours of community service
- Fine of at least $400 and up to $1,000;
- Mandatory attendance at DUI school
- Possible order to attend a substance-abuse treatment program.
- Victim Impact Panel
- Chemical Testing
A DUI arrest and/or conviction can remain in your criminal history for the rest of your life. Additionally, DMV reports DUI convictions to insurance companies and employers for three years.
If you or someone you know has been charged with a DUI, contact our qualified DUI defense lawyers at (702) 433-2889. We can help.