A Nevada drunk driving arrest can have serious or even life-changing consequences, and requires expert legal help. DUI / DWI defense is a highly specialized area, and shouldn’t be entrusted to an amateur. During a free consultation, a skilled attorney from 1.800.NOT.DRUNK and www.NotDrunk.com will outline a proven defense strategy designed to protect the driver’s rights and minimize or even eliminate negative repercussions.

An arrest for driving under the influence in Nevada generates two separate cases – in court, and at the Department of Motor Vehicles. The court case can bring punishment that includes fines and jail time, and the DMV case threatens the driver’s license.

Both cases pose a threat to the accused driver, but the Department of Motor Vehicles case is far more time-sensitive. Motorists arrested for DUI / DWI in Nevada must request a DMV hearing immediately or the driver’s license will automatically be suspended. Nevada DMV Hearings are conducted through the DMV's Office of Administrative Hearings.

Drunk driving cases can be pursued under two different theories in Nevada. The first is driving under the influence, which focuses on whether the motorist is too impaired to drive safely. The second is a violation of the state’s “per se” laws, meaning the driver is alleged to have a blood alcohol content (BAC) of .08 percent or greater.

DUI / DWI arrests in Nevada also trigger the state’s implied consent law. All motorists who drive in Nevada drivers have consented to take a chemical test after a drunk driving arrest simply by obtaining a Nevada driver's license or by driving on the state’s roads. Nevada drivers have no right to refuse to provide a breath or blood sample if arrested for driving under the influence. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a Nevada drunk driving case.

A Nevada driving under the influence case can be prosecuted under one of three theories. Keep in mind that unless each element of the case is proved beyond a reasonable doubt, the defendant in a DUI case is entitled to a verdict of "not guilty."

The prosecutor may attempt to prove that the defendant was a dangerous driver because of alcohol and/or drug use by using the officer's observations, including the manner of driving, field sobriety test, the way the driver appeared physically, and the chemical test, or refusal to take a chemical test, which is considered "consciousness of guilt" in a DUI case.

The prosecutor may also pursue the case by attempting to prove that the driver had a BAC of .08 percent or greater. In order to gain a conviction under this theory, the prosecutor must prove beyond a reasonable doubt that the chemical test was valid and administered properly, and that the driver was actually behind the wheel within two hours of taking the test.

Nevada also has a "per se" limit on certain drugs: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine.

Nevada has a seven-year “washout’ period for drinking and driving offenses, meaning that if seven years or more has passed since a prior offense occurred, a later arrest will be treated as a first-time DUI / DWI. The punishment meted out for a drunk driving conviction in Nevada depends on the number of prior convictions on the motorist’s record.

Drivers convicted of a first-offense DUI / DWI face 48 hours to six months in jail, although community service may be substituted for incarceration. The driver also faces a fine of $340 to $1,175 and will lose his or her driver’s license for 90 days. The driver also must attend alcohol education classes and may be required to have an ignition interlock device installed on his or her vehicle.

A second Nevada conviction for driving under the influence carries harsher penalties. The driver faces 10 days to six months in jail and a fine of $675 to $1,175. The motorist also will lose his or her license for one year and must perform 100 to 200 hours of community service, attend an alcohol assessment and treatment program, and install an ignition interlock device.

A third Nevada DUI / DWI offense within seven years will be charged as a felony punishable by one to six years in state prison. The driver also faces a fine of $2,085 to $5,085, a three-year license suspension, and the requirement of an ignition interlock device.

Motorists found driving with a license suspended because of a DUI / DWI offense face 30 days in jail, a $1,000 fine, and an additional one-year license suspension.

A drunk driving accident that results in death or substantial injury will be charged as a felony punishable by two to 20 years in prison and a $2,000 to $5,000 fine.

The stakes are extremely high in a Nevada DUI / DWI arrest, so it’s critical to have the best legal representation available. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com can provide a free consultation and explain how an aggressive defense can reduce or even eliminate the consequences of a Nevada drinking and driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.