Your DUI Arrest Will Trigger Two Proceedings
Being arrested for DUI in Nevada will trigger two separate and distinct proceedings: (1) your criminal proceeding; and (2) your DMV “administrative” proceeding. The Nevada Supreme Court has determined that the DMV proceeding is civil in nature. It is important to note that these two proceedings have two completely different standards for a finding of wrongdoing against you. While the criminal standard is “beyond a reasonable doubt,” the administrative standard is far less stringent. To make matters worse, although you are “innocent until proven guilty” with your criminal DUI, you enjoy no such presumption with your administrative case. Driving in Nevada is a privilege, not a right – thus, your privilege to drive can be revoked. In fact, your driver’s license will be automatically revoked if your blood/breath alcohol level or prohibited substance level is alleged to be at or above the “legal limit.“
How Will The 2 DUI Proceedings Impact My Day to Day Life
First and foremost, the obvious difference between the two proceedings is the potential penalties you could face. While the DMV proceeding, at worst, will result in a revocation of your Nevada driving privileges (and some fees and testing for license reinstatement), the criminal DUI proceeding could result in various forms of penalties ranging from jail time to court ordered counseling programs. Las Vegas DUI convictions, both criminal and administrative, carry a broad range of penalties depending upon the nature of your case.
Hiring a Professional DUI Lawyer Will Make the Experience Less Stressful
The two proceedings will have different impacts on your life. Your criminal DUI proceeding will involve mandatory court appearances for your arraignment, pre-trial hearing(s) and trial. Conversely, your administrative DUI proceeding will not involve a hearing unless you or your attorney requests one. Your attorney will attend your criminal court appearances on your behalf and also request and attend your DMV hearing. Although hiring a Las Vegas DUI Lawyer will minimize your required appearances, you may have to appear at court at least one time for your DUI criminal trial, or if a plea bargain has been reached, to place your plea agreement on the record.
What are the DUI Penalties for the Two Proceedings
Because your criminal proceeding involves the State’s (or City) case against you for the commission of a crime, the penalties you face are designed to punish you, to deter driving under the influence in Nevada and, possibly, to deter you from repeated DUI offenses through education and intervention. The administrative proceeding, on the other hand, is civil in nature. As opposed to the State being the adverse party, the Nevada Department of Motor Vehicles is. Rather than punishment, the DMV penalties are designed to protect the public from irresponsible and dangerous drivers. Whether criminal or administrative, DUI penalties are severe and it is imperative that you contact a Las Vegas DUI Lawyer with The Hayes Firm to ensure that your rights are being protected.