Tag Archives: dui laws

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!

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.

The Penalties for a Commercial DUI in Nevada

Even drivers of commercial vehicles can get penalized of Driving Under the Influence (DUI) in Nevada. This is in line with the State’s zero tolerance policy that guarantees criminal charges for anyone who drives while drunk or under the influence of drugs.

 

Commercial DUI in Nevada is when a driver of certain commercial motor vehicles such as company cars, cargo vans, limousines, or coaches are found guilty of violating DUI grounds. This is strictly prohibited as it could cause greater damage especially if a particular commercial vehicle is carrying groups of people or important resources. If you are currently facing this situation, here are some of the penalties that you would need to expect.

 

First commercial DUI offense

Penalties of a commercial Dui in Nevadaare relatively similar to standard DUI sanctions. The only major differences are suspension of license that could go up to three years (if you are transporting hazardous materials) and that you can be barred from being employed as a commercial driver again.

 

For a first commercial DUI offense in Nevada, the penalties are as follows:

  • Two days to six months in jail
  • Community service that lasts up to 48 hours to 96 hours
  • Fines of $400 to $1,000
  • Attendance of treatment programs and a Nevada impact panel

 

Second commercial DUI offense

When you are finally given the chance to drive again after a commercial DUI in Nevadaand you happened to violate it again within seven years after the first offense, you will be charged with misdemeanor that has penalties of:

  • Jail time of 10 days to six months
  • Fines amounting from $750 to $1,000 in price
  • Treatment programs as found in the first offense
  • Possible installation of interlock ignition device

 

Third commercial DUI offense

Just like any other criminal charges, a third commercial DUI offense is a felony in Nevada, specifically a category B felony. This incurs weighty penalties of imprisonment in a Nevada state prison for one year to six years. Large fines and ignition interlock device installation shall also be enforced.

 

When death occurs in a commercial DUI in Nevada(for an example, a woman dies in a fatal crash of the taxi she was riding because the driver is intoxicated), an automatic category B felony should be imposed regardless of the number of offenses. This type of felony charge consists of 20 years of maximum prison time.

 

Commercial DUI is exceptionally harsh because you are providing service and drinking or taking drugs during driving will subdue the trust given to you. Consult a DUI lawyer now for more of your questions about commercial DUI in Nevada!

Boating Under the Influence: Homicide by Vessel

It is true that in lakes or open sea, there are not much of a traffic that can result to you boat-on-boat and/or boat-on-people crashes. However, when under the influence of alcohol or drugs, even without ships or people in close proximity, a deadly accident is highly possible. And these accidents can result to death, hence the coined term “homicide by vessel”. Now, what are its penalties? And how can the arrested person prove that he is not responsible for the fatality? Read this article by a Las Vegas DUI lawyer to answer your questions.

 

What is homicide by vessel?

Homicide by vessel is when a person “proximately causes the death of a person while operating or in actual physical control of a vessel under power or sail.” Take note that this is different from BUI causing death and injury. You will be charged with this offense if you had already committed at least three similar DUI on a boat in the past.

 

This offense is also made even likely when the navigator of the boat is under the influence. When you exceed the BAC (blood alcohol concentration) limit due to alcohol or drugs, your coordination gets impaired as well as your capacity to make sound decisions, rendering you truly unfit to drive a watercraft. Someone under the influence of drugs when boating has a high chance of making wrong turns or falling asleep and leaving the boat sailing on its own which could result to boat collision and, eventually, passenger harm.

 

As per the definition of homicide by vessel stated above, it can only be considered as so when you caused the death through an unintentional act. If you truly mean to crash the boat and have it ultimately capsize, it is murder.

 

What are the penalties of homicide by vessel?

When found guilty of homicide by vessel, the convicted will have to face a category A felony charge which consists of harsh penalties such as life imprisonment with possibility of parole after 10 years have been served. A prison term of 25 years is also an option which should also have the possibility of parole after 10 years of sentence. The Nevada boating license or boating certificate should not be suspended or revoked but its accuracy can be questioned if you have committed DUI on a boat. Homicide by vessel is a complex case and the penalties can vary depending on the weight of the boat accident.

 

What are the defenses against homicide by vessel?

Someone accused of homicide by vessel can challenge the charges through the following defenses:

  • The boat collision or whatever incident that caused the death was through events that you cannot control. For example, a storm or the deceased person instigating his or her own demise
  • The tests that were used on you were faulty or came with insufficient results
  • You were not intoxicated rather it is the speed or lost control of the boat that caused the death of a person
  • You were not the navigator or responsible of the control of the boat

 

A simple boat trip can be life-threatening when the person in helm of the vessel is intoxicated. Avoid conviction and the guilt of ending someone’s life by not drinking or taking drugs before navigating a boat. If it is too late, get the help of a Las Vegas DUI lawyer who is also knowledgeable about BUI.