Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options.     

What happens if I was arrested for DUI?
Under Nevada law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Nevada Department of Motor Vehicles.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.     

Administrative Hearing
Once the arresting officer retains your state issued driver’s license, you are issued a temporary driving permit.   This permit will serve as your driver’s license in lieu of the one retained by the officer until your Administrative Hearing.  Pursuant to Nevada law, an individual has 7 days to request an Administrative Hearing from the Department of Motor Vehicles.    If you fail to request a hearing within 7 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Motor Vehicles within 7 days.        

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender could face minimum imprisonment of 2 days in jail, up to 6 months.  Community service may be ordered in lieu of jail time, for a minimum of 48 hours, up to a maximum of 96 hours.

Monetary Fines
The minimum mandatory fine for a first time DUI is $400.00, while the maximum fine is $1000.00.

Driving Privileges
A DUI conviction results in the revocation of driving privileges for 90 days.

Field Sobriety / Chemical Test Refusal
Nevada law requires that a DUI offender submit to either a field sobriety or chemical test.  If the first time DUI offender refuses to submit to either of the tests, the Nevada law allows law enforcement to use reasonable force to obtain a blood sample from the offender.

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.

Alcohol Evaluation
Successful completion of a drug and alcohol program is required for reinstatement of driving privileges.            

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.