Las Vegas, NV – January 14, 2022 – How DUI is handled in the State of Nevada depends on many different mitigating circumstances. The biggest circumstance is how many times a driver has been arrested for DUI within a 7-year period.
Luckily, if the driver is a tourist, it is likely to be the first offense in Clark County. However, tourists must be aware that the arrest and conviction information will be sent to their home state. Their home state may have different penalties for the conviction than Nevada has. What happens in Vegas won’t stay in Vegas in this case.
The first offense carries the least punishment. There is a minimum of 2 days in jail, community service, and various other programs the driver will be required to participate in. Fines are a minimum of $400. In the case of tourists, sometimes the home state will allow the driver to serve his penalties in his home state.
The second offense raises the penalties to an enhanceable misdemeanor. Enhanceable just means the penalties can be enhanced based on the severity of the DUI. With a second offense, the driver is required to spend a minimum of 10 days in jail, must participate in more programs, and fines are increased to at least $750.
By the time a driver is arrested for the third time (with 7 years) things are serious. The driver will have to spend at least 1 year in jail with no probation. Frequent testing is done to make sure the driver is not drinking and fines go up to at least $2,000.
To make Nevada laws even more confusing, there are two separate ways a driver can be convicted of a DUI. The usual way to be convicted is to have a blood alcohol content level of .08% or higher. This number gives the prosecuting attorney the evidence they need to convict as long as the BAC test is done within two hours of arrest.
But just because a driver didn’t fail the blood alcohol content level test, Nevada laws allow a conviction based on “impairment theory.” This conviction can be based on the judgment of the arresting officer. The officer can decide that a driver is impaired based only on their observation of the driver’s behavior.
These complicated Nevada laws make it imperative that a driver finds an experienced, knowledgeable as Las Vegas DUI defense attorney. Yampolsky & Margolis Criminal Defense Las Vegas can offer a free consultation to see what can be done to get a driver out of trouble.
About Yampolsky and Margolis Criminal Defense Las Vegas
Attorney Mace Yampolsky has served as a DUI defense attorney for over 35 years. Together with Attorney Jason Margolis, drivers who have been arrested for DUI will have a legal defense team who knows every aspect of Nevada’s DUI laws.
Company Name: Yampolsky & Margolis Criminal Defense Las Vegas
Contact Person: Mace Yampolsky
Email: Send Email
Address:625 S 6th St
City: Las Vegas
State: NV 89101
Country: United States