How Much Alcohol do I have to Drink Before I can be Arrested for Drunk Driving?
To be arrested for a drunk driving/DUI, your blood alcohol level has to be over .08.
How do I Know if I was Properly Tested for Being Drunk While Driving?
When you are pulled over, you had to be given the option of a blood test or a breath test.
If I am Arrested for Drunk Driving, Can I Still Drive my Car?
If you are charged with drunk driving/DUI, your driver’s license will more than likely be suspended for 90 days. The suspension of your driver’s license is separate and independent of the criminal penalties you may face. If you are a Nevada resident, only during the first 45 days are you prohibited from driving. After the 45 days are up, you can drive, with some restrictions. You can start driving to and from work and to your DUI courses, over the next 45 days. Once those second set of 45 days has passed, you can start driving without any restrictions.
Is There Any Way to Not Have my Driver’s License Suspended for 90 Days?
Your Las Vegas Criminal Lawyer can request an administrative hearing before the Department of Motor Vehicles (DMV) regarding the loss of your driver’s privileges. At the DMV hearing, any defenses that are available to prevent the loss of your driver’s license or driving privileges will be presented by your Las Vegas Criminal Lawyer. So, if you blood alcohol level was less than .08 or you were not given the option of a blood or breath test, your Las Vegas Criminal Lawyer will fight to have you keep your driving privileges.
What Can I Expect After I am Charged with Drunk Driving?
The first step of your case is called the initial arraignment. At the arraignment, you will either pled guilty or not guilty. If you plead guilty, the court case ends there. However, most people who hire a Las Vegas DUI lawyer do not plead guilty. Instead, they plead not guilty and your case will move forward and a prosecutor will be assigned to your case. During this time period, your Las Vegas DUI attorney will be communicating with the prosecutor in your case, trying to negotiate and settle your case instead of going to trial. If you case does not settle and there is reason to challenge blood or breath tests, your Las Vegas Criminal Lawyer will take your case to trial.
This is my First DUI, what Penalties Could I be Facing?
If this is your first DUI in any state, you don’t have any other criminal history and no one was injured while you were driving drunk, your Las Vegas Criminal Lawyer will probably be able to keep you out of jail and you will found guilty of only a misdemeanor. The maximum penalty you could face is 48 to 96 hours of community service or 2 days to 6 months in jail. In addition to the community service or jail time, you will be required to pay a fine between $577 to $1000. In addition to the fines, there are three fees that you may have to pay: $60 chemical analysis, $35 for the DMV civil penalty and $125 to reinstate your driver’s license. You may be required to attend DUI and Victim Impact classes. You will also have to carry SR-22 insurance for up to 3 years.
If you blood alcohol is very high, 0.18 or more, the judge may require you to have a portable device installed in your car, for 3 to 6 months to make sure you are not able to drive with alcohol in your system. The judge may also require you to attend an alcohol treatment program.
This is my Second DUI, what Penalties Could I be Facing?
If you were arrested a second time within 7 years for drunk driving, then your driver’s license will be suspended for 1 year and you will found guilty of a misdemeanor. You could also be facing 10 days to 6 months in jail and between $750 and $1,000 in fines. However, your Las Vegas Criminal Lawyer can normally get the jail time converted into electronic-monitored house arrest.
In addition to the fines, there are three fees that you may have to pay: $60 chemical analysis, $35 for the DMV civil penalty and $125 to reinstate your driver’s license. You may be required to attend DUI and Victim Impact classes.
If you blood alcohol is very high, 0.18 or more, the judge may require you to have a portable device installed in your car, for 3 to 6 months to make sure you are not able to drive with alcohol in your system. The judge may also require you to attend an alcohol treatment program.
This is my Third DUI, what Penalties Could I be Facing?
If you were arrested a third time within 7 years for drunk driving, you are looking at a felony sentence in the State of Nevada. The criminal penalties are 1 to 6 years in prison and fines ranging from $2,000 to $5,000. Instead of prison time, your Las Vegas Criminal Lawyer may help you qualify for a treatment program with six months house arrest and five years probation.
In addition to the fines, there are three fees that you may have to pay: $60 chemical analysis, $35 for the DMV civil penalty and $125 to reinstate your driver’s license. Your driver’s license will also be suspended for 3 years. You may be required to attend Victim Impact classes.
If you blood alcohol is very high, 0.18 or more, the judge may require you to have a portable device installed in your car, for 1 to 3 years to make sure you are not able to drive with alcohol in your system.
Do I Need A Lawyer for my DUI Charge?
It is absolutely recommended that you hire a Las Vegas Criminal Lawyer for your drunk driving case. Without a lawyer, you can be railroaded by the system and receive stiffer penalties than you deserve.
