Tag Archives: DUI

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.

3 Alcohol Problems that are Prone to DUI

Alcohol problems may lead to unwanted cases such as DUI. Here are 3 of those problems and some DUI cases caused by them.

1.   Binge Drinking

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Binge drinking happens when a person consumes a large amount of alcohol on a single occasion. This uncontrollable scenario usuallys lasts for several hours. Binge drinking is most common on young adults between 18-21 years old. Binge drinking may lead to legal offenses such as drunk driving, rape, gang fight and many more.

Sample DUI case: It was a Sunday evening when a group of 7 teenagers in a Mercedes C320 slammed a Ford F-150 at Freedom Boulevard Aptos. The vehicle was moving at 60 mph and the driver is driving under the influence of alcohol. The incident killed 4 people and 3 were injured. (Source: Santa Cruz Sentinel News)

2.   Alcohol Abuse

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Alcohol abuse is defined as a drinking pattern that follows a series of consequences for over a period of time. Some of such consequences include:

  • Failure to fullfill tasks and reponsibilities at home, school or work
  • Drinking in situations that are physically dangerous such as drunk driving
  • Continued drinking which affects relationships
  • Drinking as a way to de-stress

Sample DUI case: A 57 year old man from Brazos County was sentenced with 25 years of imprisonment after pleading guilty to 9th charge of DUI. The case became grave because he has numerous records of DUI due to alcohol abuse. His first DUI case was in 1978 and the following records were in 1992, 1993, 1996, 2004, 2005, 2007 and 2011. (Source: Chron)

3.   Alcohol Dependence

 WP3

There’s a misconception about alcohol abuse and alcohol dependence. A lot of people didn’t know that individuals may drink abusively without being dependent to alcohol. Alcohol dependence is also called alcoholism. It is a progressive disease that includes a strong craving for alcohol. An alcohol dependent person may experience the following:

  • He cannot control how much he drinks
  • He can experience withdrawal symptoms once he stopped drinking
  • He has tried to quit drinking but hasn’t been able to
  • He continuously drinks even if it has already affected his relationship with other people

Sample DUI case: A drunk woman was driving with her 2-year old son. She drove beyond the stop sign and then slammed into a flower delivery van. This incident killed the 72 year old driver of the delivery van. The authorities said the woman took prescription sedative, swigged champagne, and filled a plastic cup with whiskey before the incident. She was sentenced to 9 to 23 months of imprisonment. She has been doing treatments for depression and alcohol addiction. (Source: Philly)

If you are experiencing any of these drinking-related problems, seek help from professionals. These problems have a high risk of leading into a DUI/DWI arrest.

4 Types of Checkpoints You Might Encounter in the US

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Different checkpoints have different purposes but their main goal is to enforce the law and to ensure that citizens would comply with the law. Here are some types of checkpoints that you might encounter in the US.

Sobriety Checkpoints

1This type of checkpoint is where officers usually check if the driver is impaired from drinking or from other substances. This is where DUI arrests usually happen. Usually, you would see sobriety checkpoints during the time when DUI/DWI cases are rampant such as holidays, weekends, events within the area, etc. (Source: AAA DUI Justice Link)

Witness Checkpoints/Information-seeking Checkpoints

5The purpose of this checkpoint is not to catch criminals. Their purpose is to gather information from about recently committed crimes within the area. Policemen usually ask for assistance from the public in identifying vehicles or people that could be involved in a crime or accident. (Source: Criminal Procedure by Joel Samaha)

Driver’s License Checkpoints

6The objective of this checkpoint is to make sure that the driver’s license of the motor vehicle driver is not fake nor expired. It could be unconstitutional if the checkpoint does not have legitimate reason for setting up the checkpoint. It could only be constitutional if the driver’s license checkpoint was conducted in a predesignated manner. (Source: The Police Chief)

Border Patrol Checkpoints

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These checkpoints are usually located in hidden areas. But you could expect them in several parts of northern and southern Border States such as California, Texas, Arizona, Alaska, Michigan, New York, and many others. This type of checkpoint usually requires drivers to verify their residence status or present documents that prove their right to be in the United States. (Source: ACLU)

Just remember, the authorities are allowed to use roadblocks for specific purposes. The legality of a checkpoint depends on its primary purpose. For instance, a general crime control checkpoint is a Fourth Amendment violation because it is not valid.

Advice for DUI Checkpoints

DUI roadblocks or checkpoints can be a source of annoyance for everyone, and a cause of concern for those who have been drinking, even if their alcohol consumption was minimal. This article was written to help drivers prepare in advance so they know what to do if they encounter them during their travels.

If you encounter problems, especially if you believe that you were not driving under the influence or well below the limit, a  DUI lawyer can help you defend your rights.

DUI checkpoints are frequent during events, the holidays, weekends, and late evenings

It’s a given that police will set up these DUI roadblocks whenever large groups of people will be involved. Otherwise, they’ll be setting their trap in locations with heavy vehicle traffic, or places where bars, or restaurants are frequent. Avoid going to these locations if you don’t want to run into these roadblocks.

The police usually announce when and where they’re planning to put up roadblocks

The police are not required, but they usually notify the public if they’re setting up checkpoints in the future. People have used this fact to inform other drivers about the locations of these checkpoints using social media or applications. If you encounter a checkpoint that’s random or unannounced, or have failed to follow the strict rules and guidelines for a stop, it may be illegal.

Turning away from DUI checkpoints, not illegal, but not a good idea either

While there’s nothing illegal if drivers turn away from checkpoints, it only gives the police a reason to chase them anyway. Most likely, police officers will stop these drivers using other reasons (i.e. traffic violations), so it’s often wiser to pass through the stop even though it’s a hassle.

Changing drivers before DUI stops

Changing drivers is ill-advised because the police will likely notice the change, and other drivers may also mention this fact to the police.

Driving through DUI roadblocks is illegal

Of course, driving through a DUI roadblock without stopping is illegal, and the driver may face legal penalties and jail time.

Knows your right! – Here is a Viral Video of a DUI checkpoint.