A list of specific steps must be followed before sentencing an offender for DUI in Las Vegas by a court in Nevada. This is done to prove if the offender is an abuser of alcohol or drugs, and whether the offender can be treated or not. If you know someone who is charged with a DUI felony, please seek legal counsel from a drunk driving defense attorney as soon as possible.
Evaluation must be done by:
- A licensed or certified alcohol and drug abuse counsellor,
- A doctor who is certified to perform the evaluation by the Board of Medical Examiners,
- A psychologist who is certified to do the evaluation procedure by the Board of Psychological Examiners.
All the evaluators should be licensed to perform the requested evaluation for the offender. This is done to prevent any in-correct evaluation, which may or may not result in the offenders favour. After the evaluation, the results shall be immediately forwarded to the Director of the Department of Corrections.
The facility for evaluation shall be regulated and approved by the State Board of Health.
Program of treatment for first-time offenders
If an offender is found guilty of DUI, and who is found to have an alcohol concentration of 0.18 or more, the offender shall be sentenced to fulfill a treatment program for alcoholism or drug abuse. The treatment will be certified by the Division of Public and Behavioral Health for at least 6 months.
Here are the pre-requisites before the court can authorize the treatment:
When the offender was diagnosed as an alcohol and drug abuser by a licensed evaluator,
- The offender agrees to pay the cost of the treatment,
- The offender has served an imprisonment in jail of at least 1 day, or has performed 24 hours of community service.
When the offender is accepted for treatment, the offender will be placed under the direct supervision of the facility for a period of not more than 3 years. Moreover, during the treatment, the offender may be confined within the facility but this will be at the discretion of the facility.
The facility will not be liable for any alcohol and drug related damages to a person or property caused by the offender, while he or she is still under the treatment program.
If the offender fails to complete the treatment, or was given a failure remarks by the facility. The offender will be imprisoned for a period set by the court plus fines. In the case where the offender failed to complete the treatment, the duration of the sentence must be reduced by the number of days the offender served in the treatment.
The duties of the court after granting an application for treatment:
- The court will suspend the sentence of the offender for not more than 3 years, given the condition that the offender will complete the treatment, and follow the rules set by the court during the treatment.
- The court shall administer the treatment program.
- The court will require the treatment facility to submit a monthly progress reports, regarding the treatment.
Nevada law is taking DUI seriously, and most of the time, the penalties attached to dui/dwi are grave. These evaluation and treatment programs were drafted to give the DUI offender a chance to straighten up their life. For legal counsel regarding DUI, you may contact us at (702) 383 – 5088. Alternatively, you can request a free and private consultation using our online form.