Q: While in Las Vegas, I got pulled over for a DUI in a rental car. Can’t I just go home and forget about the whole thing?
In short: NO. Ignoring the charges will simply not make them go away. They will come back to you and reappear in the form of a license suspension.
And if you fail to appear in NV court…
…a warrant will be issued for your arrest…
… at some point you will be pulled over in your home state…
…and you will be extradited back to NV.
Q: My driving privileges in NV have been suspended. Will that affect my license back in my home state?
You have one week after a DUI arrest in Nevada, to request an administrative license suspension hearing. If you fail to do so, your license will be suspended in Nevada. The Nevada Department of Motor Vehicles will report it to the appropriate government agency in your state. Your state will likely take action such as suspending your license and other DMV penalties—same as if you had been convicted of the DUI there. DMV drivers license records are stored in the National Drivers Register which is shared throughout the nation.
Q: I live all the way across country. It’s not like the Nevada police are going to come looking for me, right?
No, the Nevada police will not come looking for you. But a warrant will be out for your arrest. And if for any reason you are pulled over anywhere in the country, you will be sent to Nevada for custody and hearing.
Q. Will I have to come back to Nevada for court proceedings?
For misdemeanor first and second offense DUI charges you probably will not have to make court appearances, unless the DUI case proceeds to jury trial. You have the right to hire an attorney to appear in court on your behalf. But you will have to show in person if it is a felony DUI case, due to bodily injury for example. However, if a plea bargain is reached, this can be executed by paperwork sent through the mail.
Q. Do I NEED to hire an Attorney?
Although a person charged with a misdemeanor DUI in Nevada is not required to have an attorney, it’s a good idea to hire one for a number of reasons. Your Las Vegas DUI lawyer can make the court appearances, conduct the Nevada DMV hearing, collect all the evidence, develop defenses to the case, run motions before the judge, and negotiate the case with the prosecutor in an attempt to get the charges reduced or dismissed.
If you don’t have a Las Vegas DUI attorney, you will have to appear in person for the first court date, and any subsequent court hearings. Another disadvantage is that your chances of successfully fighting the case are very low without the help of an experienced Las Vegas DUI lawyer who knows drunk driving law and the local court system.
Q. What are the court proceedings like?
If you are arrested for DUI in Nevada, you will face two proceedings. The first will be an administrative proceeding with the department of motor vehicles. This proceeding may result in the suspension of your license or other restrictions on your driving privileges. The second proceeding is the criminal court case, where the results of a breath or blood alcohol test may come into play.
Q. What penalties will I be facing?
A first time out-of-state DUI in Las Vegas is considered a criminal misdemeanor offense. You will be facing a jail sentence of 2 days to six months. In addition, there will likely be a $400 to $1200 fine and a 90-day suspension of your driving privileges in Nevada.
Q. What action should I take now?
If you have been charged with a Nevada DUI, call our Las Vegas DUI attorneys. We represent many out-of-state clients. We fight to keep the DUI charges off your record and to prevent a license suspension that could affect your driving privileges back in your home state. All consultations cal be done via phone and email, so that you don’t have to spend the time and money to consult with an experienced DUI attorney. Call The Hayes Law Firm at 702-656-0808 for a free case consultation.