- 1-905-452-8193
- Contact Us
- Member Login
- Get Listed Today
- 220,911 members
In Nevada, out-of-state visitors who commit a DUI are subject to the same penalties as Nevada residents, including the revocation of their licenses. Nevada DUI cases usually result in out-of-state motorists' licenses being revoked in their home states as a result of the Interstate Compact among state DMV offices.
If you are charged with a misdemeanor DUI offense, you do not typically have to return to your home state to attend court proceedings. Rather, Nevada attorneys may appear in court on behalf of out-of-state DUI defendants.
It is possible for Las Vegas DUI attorneys to negotiate a reduction in DUI charges to reckless driving or dismissal without the defendant having to appear in front of a judge. For a first-time DUI case, the following penalties may be imposed in the defendant's state of residence:
Fines ranging from $400 to $1,000
Completion of an online DUI school course
Attending a MADD lecture on Victim Impact Panels
Assuring that no further arrests or citations will be issued while the case is pending
A Las Vegas DUI attorney can represent non-Nevada residents accused of driving under the influence of alcohol or drugs. In every case, they will strive to:
Assist the defendant in keeping the DUI charges off their record
Ensure that the defendant's license is not revoked, which could affect their driving privileges in the state where they reside.
Generally, no, provided that the defendant has a qualified Las Vegas DUI attorney representing them. There is a high likelihood that judges will allow lawyers to appear on behalf of their clients in a misdemeanor DUI case. Misdemeanor DUI charges include all first- and second-time DUI offenses unless they result in serious injury or death.
If a defendant faces felony DUI charges, they may also be able to avoid appearing in court if the defendant has an attorney representing them. However, this will depend on the individual judge's circumstances. Any DUI resulting in death or injury, or a third DUI offense is considered a felony DUI.
In the event that an out-of-state defendant retains the services of a Las Vegas DUI attorney, the attorney may:
Attend court proceedings,
Gather evidence,
Strategize defenses,
Prepare and present motions to the judge,
Attempt to negotiate a reduction or dismissal of charges with the prosecutor
conduct a DMV hearing
The defendant can usually execute all paperwork through the mail if the defense and prosecution reach a plea agreement. There is only one occasion during the DUI court process when a defendant must come into Nevada for court, and that is if the case is proceeding to trial. In the vast majority of cases, a trial is not necessary.
While it is not legally mandated for defendants to retain the services of an attorney, those who choose to forgo private counsel may be at a disadvantage. Three potential drawbacks include:
The defendant will be required to personally attend all court appearances, which can be disruptive for individuals who hold full-time jobs and may incur additional expenses for travel.
The defendant's chances of successfully defending the case are significantly diminished without the guidance of an experienced attorney who is well-versed in local drunk driving laws and the court system. Furthermore, prosecutors may be more inclined to offer more favorable plea agreements to defendants who are represented by counsel.
There are numerous potential defenses to DUI charges, and an experienced attorney is familiar with which strategies are most likely to result in a dismissal or reduction of charges. These defenses may include allegations of police misconduct, such as a lack of probable cause or improper administration of field sobriety tests. Additionally, attorneys are skilled in arguing that elevated blood alcohol content may be the result of innocent medical conditions, such as GERD, diabetes, or rising blood alcohol.
It is important to note that defendants have the option to represent themselves or request a court-appointed public defender if they meet certain financial qualifications. However, public defenders typically have limited resources and may not be able to provide the same level of thorough investigation and defense as private attorneys.
It is likely that the defendant's home state will impose a similar penalty for a DUI offense as it would if the individual were arrested for the same offense within the state. Many states implement some form of driver's license revocation or suspension as a consequence of a DUI conviction. However, Nevada does not possess the authority to suspend or revoke driver's licenses issued by other states. As a result, the Nevada Department of Motor Vehicles (DMV) can only suspend the driving privileges of out-of-state DUI defendants within the state of Nevada. Additionally, the Nevada DMV will notify the defendant's home state DMV of the arrest.
In compliance with the Interstate Driver's License Compact, an agreement among all DMVs to share information and enforce penalties accordingly, the Nevada DMV will inform the home state DMV of the DUI arrest. For instance, if a resident of Los Angeles is arrested for drunk driving in Las Vegas, the Nevada DMV will notify the California DMV of the arrest, and California will likely impose a suspension of the individual's California driver's license.
It is advisable for all out-of-state DUI defendants in Nevada to consult with an attorney in their home state to discuss the potential impact of the Nevada case on their driver's license.
In Nevada, the regulations and penalties regarding driving under the influence (DUI) apply equally to both residents and tourists. There is a prevalent misconception that adhering to the guideline of consuming only "one drink per hour" can prevent a DUI charge, yet in reality, this is not the case.
Nevada law prohibits operating a vehicle while under the influence of alcohol or drugs. Even drivers who are not impaired can be found guilty of "DUI per se" for having a blood alcohol concentration (BAC) of at least 0.08 or illegal levels of controlled substances in their blood, including drugs such as cocaine, heroin, ecstasy, methamphetamine, or marijuana.
During a DUI case, the defendant's criminal defense attorney will often attempt to negotiate with the district attorney to have the charges dropped or reduced to reckless driving. However, if convicted, the penalties for DUI increase with each successive offense. The penalties for DUI in Las Vegas are as follows:
First DUI Offense In 7 Years -
Misdemeanor Charge that carries penalties of:
Between 2 days and 6 months in jail
Between 48 and 96 hours of community service
Nevada DUI school
Between $400 and $1,000 in fines
Attendance at victim impact panel
2nd DUI In 7 Years -
Misdemeanor offense
Between 10 days and 6 months in jail
$750 to $1,000 in fines
Attendance at victim impact panel
Alcohol & drug dependency evaluation
DUI Causing Serious Injury Or Death -
Category B Felony
Between 2 and 20 years in prison
Between $2,000 and $5,000 in fines
Yes, background checks conducted by employers are not limited to a specific state. Criminal case information is shared among local and state police agencies throughout the United States, as well as the United States Department of Justice.
In regards to sealing a DUI record, the waiting period required for this process is contingent on the specific charge for which the defendant was ultimately convicted.
The potential impact of a Nevada DUI case on future arrests for DUI in another state is dependent on the specific laws and regulations of that state and the amount of time that has elapsed between the arrests. It is therefore advised for individuals who are not residents of Nevada to seek legal counsel in their home state to discuss the potential implications of a DUI case in Nevada on future arrests.
It is important to note that if an individual is on probation in another state, the acquisition of a DUI case in Nevada may result in the revocation of their probation in that state.
|
|
