“Drive sober or get pulled over.” That slogan is more than a catchy phrase — in Las Vegas, it’s law enforcement’s daily mantra.
I’m Michael Gowdey, a Las Vegas criminal defense attorney with decades of courtroom experience. I’ve seen it all: the one-drink-too-many driver, the tourist who didn’t know our laws, and the person wrongly charged altogether.
Here’s the truth: A DUI arrest in Las Vegas can upend your entire life. And it can happen faster than you think. One field sobriety test. One breathalyzer result. One wrong decision. That’s all it takes.
But here’s the good news — you have rights. And if you know what to expect and how to respond, you can protect your license, your record, and your freedom. This blog post gives you the exact information I share with my clients every day. No fluff. No scare tactics. Just the facts, the law, and how to navigate a DUI charge in Nevada.
Let’s break it down, step by step.
In Nevada, you can be charged with DUI (Driving Under the Influence) if:
- Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.02% for under 21).
- You’re impaired by alcohol, drugs, or a combination — regardless of your BAC.
You can be charged even if:
- You felt fine to drive.
- You passed part of the sobriety test.
- You weren’t in an accident.
Law enforcement only needs probable cause
to believe you’re impaired.
What Happens After a DUI Arrest in Las Vegas?
Once you’re arrested for DUI in Nevada, a series of legal consequences start almost immediately:
1. Administrative License Suspension (ALS)
Your driver’s license can be suspended by the Nevada DMV — even before you go to court. If you fail a chemical test, the DMV typically suspends your license for 90 days (first offense). You only have seven days from your arrest to request a DMV hearing.
2. Booking and Bail
You’ll be taken to jail, booked, and held until you can post bail or see a judge. First-time DUI bail amounts are usually between $1,000–$3,000.
3. Arraignment
You’ll appear in court and enter a plea: guilty, not guilty, or no contest. This is where having an experienced DUI attorney becomes critical.
Penalties for DUI in Las Vegas
Nevada treats DUI seriously. Even a first offense comes with harsh consequences:
First Offense (Misdemeanor)
- 2 days to 6 months in jail (often suspended)
- $400–$1,000 fine
- DUI school (8-hour course)
- 90-day license suspension
- Victim Impact Panel
- Possible ignition interlock device (IID)
Second Offense (within 7 years)
- 10 days to 6 months in jail
- $750–$1,000 fine
- 1-year license suspension
- Mandatory alcohol/drug treatment
- IID required
Third Offense (within 7 years – Felony)
- 1–6 years in prison
- Up to $5,000 in fines
- 3-year license revocation
- Felony conviction on record
DUI Involving Injury or Death
If a DUI results in serious injury or death, it becomes a felony with far more severe consequences:
- 2–20 years in prison
- Fines up to $5,000
- Permanent felony record
What About Marijuana or Prescription DUI?
Nevada law treats marijuana and prescription drug DUIs the same as alcohol. You can be arrested even if you have a legal prescription or medical marijuana card. If you’re impaired behind the wheel, you can be charged.
Refusing a Breath or Blood Test in Nevada
Nevada is an “implied consent” state. By driving, you agree to submit to a breath or blood test if arrested for DUI.
Refusing a test can result in:
- Immediate license revocation
- Forcible blood draw with a warrant
- Increased penalties in court
DUI Defenses That Work in Las Vegas
Every DUI case is different, and many are defensible. As your attorney, I investigate every detail, including:
- Unlawful traffic stop – If police lacked probable cause
- Faulty testing equipment – Breathalyzers and blood tests can be inaccurate
- Improper police procedures – Field sobriety tests must follow strict guidelines
- Medical conditions – Certain health issues can mimic signs of intoxication
- Chain of custody – Errors in handling your test sample can invalidate results
What to Do If You’re Pulled Over for Suspected DUI
Here’s exactly what to do:
- Stay calm and polite.
- Don’t admit to drinking or drug use.
- Refuse field sobriety tests (they’re voluntary).
- If arrested, ask for your lawyer.
- Call The Law Offices of Michael I. Gowdey immediately.
Why You Need a DUI Lawyer in Las Vegas
Representing yourself in a DUI case is risky. Nevada prosecutors push hard for convictions, even for first offenses. An experienced DUI attorney can:
- Challenge the evidence
- Negotiate reduced charges or sentencing
- Protect your driving privileges
- Help keep your record clean
At The Law Offices of Michael I. Gowdey, we’ve successfully defended hundreds of DUI clients in Clark County. We know the system, the science, and the courtroom.
Don’t Face a DUI Alone
A DUI charge in Las Vegas can derail your career, your finances, and your future. But it doesn’t have to.
Knowing the law is your first defense. The second is having a seasoned attorney who fights for your rights.
If you or someone you know has been arrested for DUI in Las Vegas, contact me right away. Let’s protect what matters most — your freedom, your reputation, and your future.
Call now for a free consultation.