Nevada DUI FAQ’s

Nevada DUI FAQ’s2022-01-21T20:17:38+00:00

(1)  How long will my Nevada DUI case take?

It depends.  From the date of your arrest until your DUI criminal trial (or plea hearing) can take anywhere from 6 months to over one year.  Even then, if you are convicted or plead guilty to the offense (or a lesser offense), your Las Vegas DUI case can remain open for an extended period of time until the sentencing phase of your case has concluded.

(2)  How will a Las Vegas DUI impact my driver’s license?

DUI arrests trigger two separate proceedings against you: (1) your criminal case; and (2) your administrative or “DMV” case.  In most cases, your DMV hearing will occur prior to your criminal trial.  A DUI arrest coupled with a BAC level of 0.08 or higher (or a proscribed level of a prohibited substance) will automatically result in your Nevada driving privileges being revoked.  If you contact a Las Vegas DUI lawyer with The Hayes Law Firm right away, a DMV hearing can be requested to contest the revocation of your Nevada driver’s license. However, the State of Nevada (or City if you were arrested in NLV, Henderson or the City of Las Vegas) gets “two bites at the apple” at revoking your driving privileges.  Even if the DMV hearing ends in your favor, a criminal conviction will automatically result in your driver’s license being revoked.    The exact timing of your license revocation will depend on the test that is used to measure your BAC.

(3) What penalties will I receive for a Nevada DUI?

It depends.  The DUI penalties you will receive for a Nevada DUI vary depending on the severity of your DUI offense.  Nevada utilizes a minimum-maximum penalty system for the primary DUI penalties.  DUI penalties range from jail time to intervention counseling classes.

Mandatory and potential DUI penalties include: prison time (for felony DUI cases), jail time, house arrest, fines, online “DUI School,” victim impact panels, counseling, alcohol monitoring (breath ignition interlock devices, S.C.R.A.M. bracelets/anklets (“Secure Continuous Remote Alcohol Monitoring”), in-home alcohol monitoring systems and random alcohol testing through the Courts), DUI Coroner’s Program, “Level II” traffic school, community service, administrative fees, victim fund assessments, loss of driving privileges, restitution and “stay out of trouble” terms.

(4) What types of issues will my DUI defense implicate?

DUI cases involve highly complex and specialized areas of law and science.  Constitutional rights such as your Fourth Amendment right to be free from unreasonable search and seizures, your Fifth Amendment protection against self incrimination and your Sixth Amendment right to confront your accusers are implicated.  Additionally, given the fact that the prosecution will offer evidence against you ranging from officer testimony (bloodshot eyes, slurred speech, etc.) to chemical analysis of your blood, breath or urine, to evidence concerning the involuntary jerking of your eyes (nystagmus), scientific and pseudo-scientific disciplines are implicated as well.  You need to hire a DUI lawyer that is experienced and knowledgeable in the many specialized areas your Nevada DUI case will implicate.

(5) Why is it important for me to hire a DUI attorney to represent me at my DMV hearing?

First and foremost, you always want to challenge the revocation and assert your right to due process.  Although prevailing at a DMV Hearing is difficult, retaining a knowledgeable and experienced DUI attorney will optimize your chances at retaining your driving privileges.  Next, if requested, your DMV hearing will most likely occur before your criminal trial.  Often times, the DMV hearing will provide you the best opportunity to question the police officer and “discover” the evidence the City or State will present against you in your criminal proceeding.  You need an experienced DUI attorney to ensure that the right evidence is sought and right questions are asked.

(6) When will I know that my driver’s license has been revoked?

A DUI arrestee will have his or her Nevada driver’s license revoked if an evidentiary test of his or her blood or breath reveals a specific (“per se”) level of alcohol or prohibited substance.  The timing of your license revocation will depend upon the type of test you submit to. If you submit to blood (you are required to submit to blood in certain circumstances) your driver’s license might not be revoked until months after your arrest.  If you submit to breath, your driver’s license will be revoked by the arresting officer while you are being booked at the detention center.  Regardless of the type of test you submit to, the length of the revocation will not change, only the date on which the revocation period begins to run.

(7) How much will it cost to hire a Las Vegas DUI attorney to represent me?

It depends.  The specific circumstances of your DUI case will dictate how much your Las Vegas DUI attorney will cost.  The DUI lawyers at DUI Lawyers of Las Vegas are experienced and knowledgable about all aspects of DUI law.  Given the serious penalties involved, DUI lawyers should investigate every aspect of your case from the legality of the stop to the validity of prior convictions if sentencing enhancement is being sought.  The DUI lawyers at DUI Lawyers of Las Vegas will not short change your case to generate more volume.  Conversely, we do not inflate our fees either.  To get a better idea of what the costs for your case will be, contact a DUI lawyer at our office for a confidential and free consultation today.

(8) If I hire DUI Lawyers Of Las Vegas can you guarantee that my DUI charge will be dismissed or reduced?

No.  Be very cautious about any law firm that guarantees you a DUI acquittal or reduction.  In fact, it is highly unethical for a law firm to guarantee you a victory, particularly with a Nevada DUI case.  What DUI Lawyers Of Las Vegas will promise is that we will identify any and all defenses that exist to your DUI charge and secure you the best possible result.

(9) What should I do if I am not a Nevada resident?

The same thing that a Nevada resident should do to handle his or her DUI charge – take your DUI charge seriously and immediately hire a Nevada DUI lawyer to represent you.  DUI’s that happen in Vegas, do not stay in Vegas.  Your Nevada DUI WILL follow you home and needs to be properly addressed at the onset.

(10) I need to drive for work – can I still drive to and from work?

Sort of.  Generally speaking, DUI arrests result in an automatic license revocation.  If neither you nor your DUI lawyer requests a DMV hearing or makes any other request to the DMV, the revocation will run for the length of time of your applicable revocation period.  However, if your DUI lawyer requests a DMV hearing, your license revocation will be temporarily postponed or “stayed” pending conclusion of the hearing.  If your DMV challenge is unsuccessful, you can still apply for a “restricted” or “hardship” license for work and other life necessities (after half of your applicable revocation period has run).