Category Archives: DUI

Review: DUI Compensation in Las Vegas

DUI in Las Vegas often qualifies as a victimless case; that is, the driver in question is the only party involved and the only people are inconvenienced are said driver, the local law enforcement, and probably fellow drivers if they happen to be at a checkpoint. The worst thing a suspected DUI driver will have to deal with would be a possible revocation of their driver’s license, some jail time, and a trudge through DUI school to minimize the chances of a repeat offense in the future. Majority of cases handled by Las Vegas DUI attorneys on a regular basis fall under this type.

However, there are instances when a suspected drunk driver would blunder onto another vehicle or a busy sidestreet, leading to serious injuries and possible deaths. DUI cases that involve physical injuries or those that may be classified as manslaughter, homicide, or murder can be punished with harsher penalties and may involve life imprisonment, permanent revocation of driving privileges, and compensation towards victims.

If you are facing a Las Vegas DUI charge that involves injury or death for the first time, you may be a little confused as to how compensations work. Let’s look closer into compensation for DUI in Las Vegas.

Legal Compensation in a Nutshell

Compensation is one of the common financial penalties that a defendant is legally bound to comply with after conviction in Las Vegas. With compensation, a defendant will pay for any damages incurred by the victim during the act of the crime. For example, a theft victim may be entitled for financial recompense equivalent to the amount or value of items and goods stolen.

Financial compensation is the most common form of legal damages that plaintiffs are entitled to after a legal hearing in their favor. There are at least six different types of damages recognized by law, each applying to a different type of legal case. Compensatory damages are just more commonly referred to in most written material, but it is not unheard of that a defendant may have to deal with all six types at once.

Determining The Compensation

As is the case with any other criminal charge, courts follow several factors to determine how much financial compensation a plaintiff is eligible to. These factors may include:

  • The level of driver negligence, which is often a critical factor when DUI cases are involved
  • The victim’s medical needs, which can evolve into long-term or permanent care if the incident led to the plaintiff suffering a disability
  • The effect on the plaintiff’s ability to work, which may involve having diminished capacity to work properly instead of being permanently being unable to his or her original job before the incident
  • Dram shop laws, or holding an establishment responsible for selling liquor to the defendant immediately prior to the incident
  • Pain and suffering, usually involving psychological trauma and emotional trouble
  • The possibility that the incident may have been premeditated, whether or not alcohol was involved
  • Wrongful death for cases involving fatalities

Nevada Law and DUI Compensation

Compensation for criminal cases, DUI in particular, vary from state to state. Some state laws may prevent a plaintiff from gaining financial compensation entirely if they contributed to the incident in any way, a situation legally described as contributory negligence. Other jurisdictions may require a compensatory sum of such value that the defendant will be convinced to avoid committing the crime in the future, usually enough to put the defendant in dire financial straits after the fact.

Nevada’s legal framework for legal compensation are officially listed in Chapter 42 of the Nevada Revised Statutes. NRS 42.010 focuses on DUI-related compensation in particular, covering all of the DUI-related cases that may involve injury or death. Take note that, according to Nevada law, a plaintiff in a DUI case involving injury or death is not only entitled to the standard financial reparations for physical and mental damages; they are also eligible to receive punitive damages from the plaintiff as a means of discouraging a future repeat of the criminal act. People facing DUI charges in Las Vegas for the first time should take note of this part, as punitive damages can sometimes be worse than other penalties you can face.

 

Legal compensation for DUI in Las Vegas is meant to both help the plaintiff recover from the incident and to discourage the defendant from being involved in similar situations in the future. If you are charged with DUI in Las Vegas for the first time, you must never overlook the severe consequences of DUI compensation. Never forget to discuss the situation closely with your DUI defense attorney.

How Do DUI Schools in Las Vegas Work?

People facing a DUI charge can expect a variety of penalties and fees to deal with after a conviction, depending on the level of their DUI charge and if they have been convicted before. While in many cases a DUI defendant may face prison time or community service, there are cases where the defendant has to serve time in a different way. The most common alternative sentence for many DUI offenders is attendance at a DUI school.

DUI classes are part of the general corrective system for drunk drivers across the country, coming about because of the high fatalities caused by DUI annually. They were designed to help convicted DUI offenders recover from their drunk driving tendencies and avoid similar convictions in the future. If you are a facing a possible DUI conviction in Las Vegas for the first time, now is a good time to learn how DUI schools work.

What are DUI Schools?

As stated earlier, DUI schools were established to assist DUI offenders to turn themselves around, removing their drunk driving tendencies and going back to being regular vehicle owners. They are institutions that provide a step-by-step course for offenders to gradually deal, and eventually do away, with their habits of driving while intoxicated.

DUI classes are arranged according to the level of the DUI offender’s conviction. Sessions can last for as short as a eight days to as long as several weeks, depending on the circumstances of the conviction and other factors. These classes include a in-depth study of DUI and DUI statistics, listening to stories from previous and current DUI offenders, and probably get involved in random Q-and-A’s. More intensive sessions can also involve random alcohol and drug tests to ensure that the attendants are working on their drinking issues. Attendance is mandatory, and failure to report can come with additional consequences.

How Classes Go

Las Vegas DUI schools aren’t schools per se; you don’t have to attend grueling day-long classes (although those with more severe DUI convictions may have longer session periods). Instead, they are more akin to seminars that tackle various aspects of DUI, driver and pedestrian safety, and rehabilitation. The aim is for the attendee to understand the implications of drunk driving on themselves and other people, as well as ways to deal and eventually eliminate this habit.

These institutions are staffed by professionals with extensive experience in dealing with recovering drunk drivers. There are also medical professionals who handle the regular blood tests for attendees, and provide seminars regarding the medical implications of drunk driving. In many cases, represantatives from Alcoholics Anonymous and Narcotics Anonymous also take part in lectures and round-table discussions to help attendees along.

The Las Vegas DUI School System

Like many states across the country, Nevada has its own selection of DUI schools throughout its cities and towns. These range from smaller locations that provide short-term sessions for first-time offenders, to more comprehensive centers that handle everything from classroom-style learning to regular blood alcohol tests. In the past, offenders had to attend to these lessons personally, but the advent of technology has allowed offenders to attend DUI classes online.

On top of the regular Las Vegas  DUI school sessions, defendants found to have a BAC of over 0.18% at the time of arrest will be required by the court to attend a Coroner’s DUI program, hosted by the Clark County Coroner’s Office. These sessions involve showing post-mortem analysis of drunk driving fatalities, which include the driver and any other person involved in such accidents. The idea is that seeing the gruesome and fatal effects of drunk driving can help DUI offenders reform and stay away from the bottle. Unlike regular DUI school, most Coroner’s DUI sessions require personal attendance.

Take note that, despite being court-mandated, Las Vegas DUI school classes are not paid for by the State. the DUI offender has to pay out of his own pocket for the entire program, which may include additional fees depending on the factors of his crime. He will also have to arrange the schedule that he will have to follow, submitting it later to the authorities so they can monitor his progress.

 

Dealing with drunk drivers through an educational program is one of the more effective and personal ways to prevent people convicted with DUI to be repeat offenders in the future. It also offers an alternative for some offenders to lessen their penalties and avoid longer prison time. Consult with your DUI lawyer about the other benefits and responsibilities of attending a DUI school in Las Vegas.

A Look at Unique DUI Cases

DUI charges are some of the most common criminal cases one may have to face in a busy city like Las Vegas. The combination of multiple interconnected roads and a large volume of entertainment establishments that sell alcohol can lead to such incidents on the regular. The usual scenario would either be a DUI arrest at a regular police stop, or a road accident caused by impaired driving.

However, there are times when a DUI incident may involve more than the usual drunk-behind-the-wheel situation. Sometimes, a DUI arrest can happen in the least possible location, or would involve the most improbable circumstances. Here are a few unique DUI cases that are worth looking into.

Grounded Stunt

It seems natural for a person to impress their significant other with an ill-advised stunt every once in a while; doubly so if a little bit of liquid courage is involved. While many teenagers would go with anything between doing skateboard kickflips and doing donuts in the family car, one uninhibited Indiana man back in 2007 managed to drive an allegedly stolen twin-engine aircraft off the taxiway and into a soybean field while drunk. The reason: he was trying to convince his girlfriend that he was a capable pilot, and so he convinced her to join him on a joyride to the nearby airfield to get a plane, all while being intoxicated. The Indiana man in question has apparently received a lifetime driving ban for a previous DUI conviction, which not only made his little airport stunt ill-advised, but totally ramping up on his criminal record.

Did not Get the Message

Car advertising is one of the common ways both private entities and government agencies get their message across to people. The National Highway Traffic Safety Administration, for instance, pays adspace for vehicles to display their message regarding traffic safety, driver courtesy, and drunk driving. Unfortunately, this California man did not get the memo regarding the last part, as he was arrested on the I-80 on suspicions of DUI while his vehicle displayed NHTSA ads discouraging drunk driving. The suspect was reportedly weaving across the major highway, endangering fellow drivers and himself. Arresting officers on the scene noted that his BAC was way above state limits.

A Little Too Frisky

New Mexico may be famous for being home to Roswell, but this next incident is something that is out of this world on an entirely different level. One night, local police respond to calls regarding a crashed SUV in one of Albuqerque’s busy roads which may have involved a drunk driver. Expecting to see a gruesome scene, they are relieved to find both the driver and his passenger unharmed. Unfortunately, things take a turn for the weird; both were found naked on the scene. Police later explained that the New Mexico man was having sex at the wheel while drunk driving, leading him to eventually lose control of the vehicle and crash. Law enforcement noted his high alcohol level, but were puzzled at how he and his passenger (who happened to be his girlfriend) managed to pull off the frisky action on a busy highway with no one getting hurt.

Harvesting an Arrest

Harvesting large swaths of farmland is easier these days thanks to combine harvesters, large farm vehicles that do most of the reaping and threshing at the same time, something that our great-grandfathers had to do with separate equipment back in the day. Of course, as it is basically a large motorized vehicle there is a good chance that one can get arrested for DUI while driving one. Such was the case with this 57-year-old Pennsylvania native who was booked by local police for driving his combine while intoxicated. Prior to his arrest, he had also hit a neighbor’s mailbox, enhancing his DUI charge with a hit-and-run on private property.

Only in Australia

Australia is internet-famous for many unique items that allegedly can only be found there. From bizarre and dangerous wildlife to unique words to describe your neighbor, Australia apparently has it all. One such thing that is allegedly unique to the country is the ‘motorised esky’, a large drink cooler attached to a small kart-like frame with an onboard motor and a simple steering mechanism. The resulting contraption makes it easier to drive the cooler around, typically for events like outdoor barbecues or sports days. Of course, where there’s alcohol and a motorized vehicle involved, there’s going to be some weird incidents. Drunk motorised esky driving has been a common problem that local law enforcement automatically impounds such vehicles on the first offense.

 

Let these bizarre DUI stories remind you that drunk driving doesn’t always have to involve a car, and that law enforcement will see to it that they can book you for DUI as long as it involves a motorized form of transport. Remember this the next time you get the urge to do something ill-advised with alcohol and a steering wheel.

How did the Coronavirus Lockdown Affect DUI Cases?

The world is still reeling from the effects of the global virus pandemic that was felt for around three months. Both the public and the private sectors were disrupted severely; government services were heavily curtailed, public transport was limited, shops and markets reduced hours or were forced to close down temporarily, entertainment centers and amusement spots were shut down, and many workers were forced to work at home or be temporarily laid off.

 

Surprisingly, even in this time of crisis when everyone is expected to pull their weight, there are still instances of people committing crimes. Theft, domestic violence, and digital fraud were just some of the frequently-reported incidents that were committed over the past weeks. With all these developments, it can be interesting to see how the pandemic has affected incidents of DUI today.

 

The Situation at A Glance

It is usually the expectation that an increase in theft or violent crimes can be expected after a major disaster. However, the global pandemic was such an unprecedented event that law enforcement and legal professionals did not know what to expect afterwards. There is no established yardstick to compare things to, especially because of the unique circumstances of the 21st century that must be taken into account.

As such, it comes as no surprise that the DUI statistics across most of the country is all over the place. Parts of California saw a steep decline in drunk driving-related incidents, as did South Carolina. On the other hand, Colorado and Washington, DC reported a significant increase in their DUI arrests even during the height of the pandemic’s stay-at-home phase. Several factors contributed to these numbers, including people blatantly ignoring stay-at-home orders and car owners taking advantage of time slots allocated for grocery runs to sneak a few drinks in.

 

Has It Affected Las Vegas?

Las Vegas in itself was pretty badly hit by the lockdowns, with many popular establishments closed for several weeks and the city’s primary sources of income going dormant or switching to staggered work hours to minimize the risk of infection between patrons and workers. Nonetheless, the city did not put a totally strict moratorium on what people can purchase, which means that locals are still free to obtain alcohol from convenience stores.

 

It is quite concerning that the instances of DUI arrests and suspected DUI reports rose during this period; despite Cinco de Mayo being covered by the lockdown, highway patrolmen reported several traffic stops concerning inebriated drivers in Las Vegas streets. What’s even more concerning is that police data reported an increase in DUI cases compared to the same period last year, which means that the pandemic may have even contributed for further incidents of drunk driving. Local law enforcement suspects that the lower volume of traffic led to some motorists to go overboard, resulting in the increase.

 

A Case Study for the DUI Lawyer

The pandemic’s effect on crime and criminal law has piqued the interest of legal experts and law enforcement all over the country. The circumstances brought about by extended isolation periods, a lack of contact with other people, remote working and increased access to the internet, and the long-term pyschological effects of the entire situation on the people can be goo reference points for future discussions regarding implementing the law and enacting justice during a time of a major emergency or great social upheaval.

 

DUI defense attorneys in particular will be concerned about possible revisions to drunk driving laws to accomodate conditions like reduced vehicle traffic or breaking emergency alcohol moratoriums.They will also be concerned about how national emergencies like this pandemic can affect how long a DUI trial will be heard, or even if their client’s DUI case will be deliberated upon during such situations. Handling a drunk driving case during the height of major calamities can open new paths for attorneys who are trying to stay abreast of new developments.

 

It is disheartening to know that, even in this time of crisis, people are still being booked for DUI, in Las Vegas and elsewhere. Nonetheless, defense lawyers should use this as a lesson to better understand how to work with clients when working in such unique conditions.

Looking into the DUI Situation in Paradise, Nevada

Las Vegas is notable for being one of the most prominent cities when it comes to DUI cases. It’s not surprising, considering how many casinos, bars, hotels and shops offer alcohol in the area. Add that to the fact that there’s a large volume of people that come through town on a regular basis and you’ve got a situation that gives the local authorities a headache on the road.

While the Sin City is the first place that comes to mind when people think of high DUI cases in Nevada, there are other locations around and near it that can be considered to be just as vulnerable. For most DUI lawyers in Nevada, Paradise is one such location of interest.

A Peek into Paradise

Paradise, Nevada is an unincorporated town within the southern end of the Las Vegas Valley. Nonetheless, it has a significantly large population for its size, with nearly 232,000 citizens as of 2018. It is situated right next to the heart of Las Vegas, and some of the addresses in Paradise can be considered part of Las Vegas as well. In fact, some of the locations that are officially part of Paradise can be addressed to Las Vegas and the local postal service will still know the difference. This was a result of a failed bid to incorporate Paradise as a part of Las Vegas back in the 1970s.

It may come as a surprise to many that Paradise is the actual home of The Strip, the iconic image of Las Vegas nightlife and revelry. A substantial part of this iconic road covers the full length of the town, along with many of the more famous establishments that are often featured when images of the Vegas skyline are shown. Besides the tourist traps, however, Paradise plays host to other iconic establishments including art galleries, theaters, and music halls. It is also the home of three major sports teams representing Las Vegas at the national level.


Behind the Black

Paradise may be the image of progress and modern development in a heavily urbanized setting, but it is by no means a clean picture. Unsurprisingly, this unincorporated town has its own share of crimes to deal with, from relatively minor petty theft to the occasional battery domestic violence case, or even the rare homicide. Violent crimes are surprisingly high in Paradise, despite the fact that the town is safer than 5% of cities across the country and the year-over-year crime rates dropped 9%.

As the home of The Strip, you can expect the DUI crime situation in the area to be around the same rate as that of Las Vegas. Many of the people visiting the various bars and casinos throughout Paradise have their own cars, and with most of these establishments not implementing a ‘last call’ policy, there’s a high chance that many of these car-owning patrons would take to the road while under the influence. There’s also the issue with underage drivers, as Paradise has a significant portion of its population composed of youths. Previous cases of deadly DUI crashes in the area have local law enforcement and the Clark County Commission on edge, as well.


Avoiding a DUI Case in Paradise

Police officers in Paradise are keen to prevent or minimize fatalities caused by drunk or intoxicated drivers, and will stop anyone that they suspect may be driving under the influence. It can be hard brush off these police stops especially as the unincorporated town is a well-traveled location with a heavy police presence.

Ideally,  the best way to avoid a DUI charge in Paradise is to not drink before driving. When it comes to getting a possible DUI charge, however, it is best to know how to handle a DUI police stop. Act courteously and invoke your Fifth Amendment Right. Avoid doing a field sobriety test when you can. Remember your right to choose what type of BAC test to take, or even to outright refuse such a test.

 

Visiting Paradise, Nevada is one of the best tourist experiences one can have when going to Nevada. Just remember to enjoy things in moderation, and avoid driving if you have been drinking or taking some other substance that induces drowsiness. Remember your rights, and get in touch with a local DUI lawyer if you are in need of help.

 

The Effects of DUI to Car Insurance Rates in Nevada

dui-car-insurance

Many are unaware that aside from jail times, fines, and attendance to intervention programs, offenders of DUI (Driving under the Influence) could also face the costly consequence of rising car insurance rates in Nevada. Proceed reading below this post to learn more.

The SR-22 car insurance in Nevada

If convicted of Nevada DUI, the DMV or Department of Motor Vehicles in the State will revoke your license and you must wait the set time to pass before you can apply for its reinstatement. One of the key requirements of a reinstatement is an SR-22. This is a document that must be issued by your car insurance company that shows you have enough financial stability to get back on the road.

If without a current car insurance in Nevada, you must immediately get one as there is a holding period of three years where you must keep your car insurance to keep your driver’s license valid.

The rise of car insurance rates

Due to Nevada DUI, car insurance companies will now treat you as a “high-risk driver”, especially if you have been charged of the very offense many times. This brand means more expensive car insurance rates.

In Nevada, the average car insurance rate in Nevada is $1,809.91 per year and if convicted of DUI, there will be a boost of $855, making your average rate $2,756.44 per year. This is only a general rule, though, as depending on the magnitude of your case, the rates you need to pay might increase 50 to 200%.

You must know that there are some car insurance companies in Nevada that might drop your coverage at the time of DUI while some may not accept you if you try to apply for a new one. The ones that will keep your coverage will typically increase the fees for your premium plans as we have previously stated.

The defenses against Nevada DUI

One of the best solutions against rising car insurance rates is not committing Nevada DUI in the first place. A responsible driver gets to expend their driving privileges without the fear of being pulled over and losing their driver’s license in a single driving session. If it is too late to be a responsible driver in the present time then you must use the following defenses so you can be acquitted and actually try to be responsible the next time.

  • Your blood alcohol concentration (BAC) level did not exceed the limit
  • Inexpertly administered field sobriety tests
  • You were drunk driving out of coercion or duress
  • Certain factors heightened your BAC level

Being convicted of DUI really is full of downsides which is why we recommend having a dependable DUI attorney in Las Vegas to handle your charges. You do not have to take on increased car insurance in Nevada if you are with a competent legal representation!

Driver’s License Revocation in Nevada Depending on DUI Offense

Driver's License Revocation in Nevada - Nevada DUI

Since DUI (Driving under the Influence) constitutes control of a vehicle, it is only proper that someone loses the right to drive after committing the said offense. It does not have to be this way for you, though. If you are facing the risk of losing your driver’s license in Nevada because of increased blood alcohol content or BAC level, here are some information that you need to know.

 

What happens during a driver’s license revocation?

When your driver’s license in Nevada is revoked, you cannot get behind a steering wheel and navigate any roads in the State that the public has access to. A license revocation is not under the matters of the court but under DMV (Department of Motor Vehicles) and they will set a guideline that you should follow if you want your suspended license in Nevada to be reinstated.

 

How long is a driver’s license revocation period per offense?

A first DUI conviction warrants a 90-day license revocation period along with an alcohol treatment program and a Victim Impact Panel to help you understand further the dangers of driving while intoxicated.

 

A second DUI, on other hand, should entail a year of driver’s license revocation. This, too, could be complemented by a substance abuse treatment program and the car registration itself could be suspended.

 

Now, a third DUI conviction which is a category B felony, holds three years of revocation period. Car registration could also be put on hold and there would be alcohol and drug treatment programs.

 

All of these convictions could also include installation of breath interlock device in your car depending on the judge’s discretion. Understand that trying to drive while still under revocation is punishable by additional license revocation period, fines, jail times, and an even more difficult reinstating procedure.

 

What are the remedies for revocation of a driver’s license in Nevada?

As stated above, the revocation of a driver’s license in Nevada is under DMV (Department of Motor Vehicles) and you will have to process your affairs regarding the license on the sector and not in court.

 

Unbeknown to many, a suspended license in Nevada is not automatically reinstated after the time of its revocation. To reinstate a driver’s license, the duration set by the court must be completed and you must go to the DMV in Nevada with the right requirements such as a Certificate of Compliance, an SR-22 insurance, and enough money to pay reinstatement fees.

 

When you are acquitted for charges of DUI, your driver’s license could be reinstated by the DMV automatically. This is not always the case: if the DMV believes a license suspension is just, they could still carry on with it. The same applies to DUI being reduced to reckless driving and a district attorney not filing a case in court.

 

Driving is one of the privileges you cannot afford to lose. Get the aid of a Las Vegas DUI attorney to protect your driver’s license in Nevada and be ultimately acquitted of a DUI offense you did not commit!

Is Vehicular Manslaughter Involuntary or Voluntary?

vehicular manslaughter

Killing a person with a vehicle could be a vehicular manslaughter in Nevada. And many believe that because the crime has the word manslaughter on it, it means that it can be either an involuntary or voluntary Nevada manslaughter with many leaning towards involuntary as it holds milder penalties. However, this is not exactly the case. Vehicular manslaughter in Nevada is set apart from these types of manslaughter and it is definitely different from a vehicular homicide. Here is a post that should help you understand better.

 

Is there a difference between vehicular homicide and vehicular manslaughter?

Yes. Vehicular homicide, according to Nevada Revised Statutes (NRS) section 484C.130, is committed when the person driving or in actual physical control of a vehicle is:

  • under the influence of liquor which is proven by a 0.08 blood and breath concentration level
  • under the influence of controlled substances
  • already convicted of at least three related offenses
  • the cause of death another person on or off the highways of Nevada

 

Basically, a vehicular homicide is what happens when there are aggravating factors to a vehicular manslaughter in Nevada which is the killing of a person caused by a vehicle collision or something similar.

 

Is vehicular manslaughter in Nevada an involuntary manslaughter?

As stated in NRS 200.040, vehicular manslaughter is not included in either an involuntary or voluntary Nevada manslaughter.

 

This means a defendant could not argue that the vehicular manslaughter was accidental or for this matter, voluntary. Vehicular manslaughter in Nevada is simply the murder of a person caused by negligence. A misdemeanor charge should be imposed on you if found guilty of vehicular manslaughter and this indicates up to six months in jail, fines of $1,000, and a license revocation of at least a year.

 

Typically, deaths caused by vehicles are accidents but they are still the result of a negligent action which is enough to make it a punishable offense. Defend yourself from the consequences of vehicular manslaughter or any type of manslaughter in Nevada with the assistance of a Las Vegas criminal defense attorney!

What is Evidentiary Breath Testing for DUI in Nevada?

As all of the states, Nevada requires evidentiary breath testing for anyone who is arrested for Driving Under the Influence (DUI) in all of its territories. But what really is evidentiary breath testing? How does it differ from other breath tests (or chemical tests)? And can you refuse them? Proceed to read the rest of the post for further information.

 

Purpose of evidentiary breath testing

From its name, the results of evidentiary breath testing are used as evidence once the case goes into trial. This is different from a preliminary breath testing which is performed when a person is pulled over, an evidentiary breath testing is usually done once under custody and through procedures that guarantee more accurate results. For the defendants that are also suspected to be high on drugs, they are also required to have an evidentiary blood testing.

 

The results of these tests can be used by the prosecutor to either press the defendant more to the charges or not go ahead with the case. It also is a basis of whether the Department of Motor Vehicles or DMV in Nevada will suspend the driver’s license of the alleged offender or not.

 

Penalties of refusal to evidentiary breath testing

As we have established, an evidentiary breath testing is vital for the legal proceedings to be completed. Total refusal to this is a violation of law. As according to the Implied Consent Law in Nevada which can be seen in the Nevada Revised Statutes or NRS 484C.160, anyone who drives or has a physical control of a vehicle “shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance…”.

 

Know that through this Implied Consent Law, a police officer could use force against the alleged offender. However, before this happens, they must warn them of the consequences such as the following penalties:

  • One-year suspension of driver’s license – this is when the defendant has not refused any chemical tests within seven years
  • Three-year suspension of driver’s license – this can be imposed if the driver already had his or her license suspended due to refusal to evidentiary breath testing within seven years

 

Due to inexperience with how DUI cases work and the confusion caused by the arrest, many defendants make the mistake of refusing an evidentiary breath testing. If you are one of them and you believe that you are falsely accused or not guilty of any charges at all then it is best you have a trusted DUI lawyer by your side.

Treatment Programs for DUI Offenders in Nevada

When someone is charged with a Driving Under the Influence (DUI) in Las Vegas and/or in other parts of Nevada, they do not only get consequences of prison time or fines: a DUI treatment program (or attending a DUI school) is mandated by the court. This is to prevent offenders from doing the same thing again by educating them more about DUI and the threats it could pose both in their and other people’s lives. DUI treatment programs can also vary depending on the frequency of the offense. To learn more, read below.

 

First and second DUI in Nevada

A defendant against DUI can apply for a treatment program even before the sentencing. For a first time defender, one can only be eligible if they had been verified as an alcohol or drug abuser by a physician (for this matter it’s a physician authorized by the law enforcement), they already spent at least 24 hours in jail for the offense, and they have agreed to shoulder the payment for the treatment. This goes as well for a second DUI in Nevada; the only difference is you need to had served at least five days in jail.

 

Take note that these treatment programs take time to complete, usually they are three to six months in length which will surely disrupt your daily routine.

 

Third DUI offense

DUI treatment programs are not available for third DUI offenders due to the fact that the accused is ought to stay for a long time in prison when convicted and because they will attend heftier programs such as a Nevada Victim Impact panel.

 

There are numerous DUI schools in Nevada that criminal justice attorneys can recommend. It is imperative that you be present in all of your classes as not going or not finishing a DUI treatment program can mean another set of charges. Now, completing your designated DUI treatment programs entails reducing of penalties.

 

Penalties for DUI in Nevada is imposed not just to punish offenders but also to remind them about the real dangers of DUI that they forget whenever they start drinking or ingesting drugs.

 

If you ever commit charges of DUI again even after a lengthy DUI treatment program then maybe there really is an inward problem that you need to deal with. However, if you firmly believe that you were falsely accused and you already have learned your ways (thanks to the treatment program), then enlist a DUI lawyer to help solve your case.