Answer: Upon a lawful DUI arrest in Nevada, you automatically consent to a breath or blood test under the state’s “implied consent” law. If you refuse, your driver’s license will be immediately revoked for one year for a first refusal – this is an automatic administrative penalty by the DMV, separate from your criminal case. If you submit to the test and your BAC is 0.08% or higher, your license will also be revoked for 185 days. You typically have only 7 days to request a DMV hearing to challenge this suspension. Acting quickly is the best strategy to protect your driving privileges.

Answer: A first or second DUI offense in Las Vegas (within 7 years) is usually a misdemeanor, but the penalties are still very serious. For a first offense, you could face 2 days to 6 months in jail (or community service), fines from $400 to $1,000, a 185-day license revocation, and mandatory DUI school and Victim Impact Panel. A second offense carries harsher penalties, including a mandatory minimum of 10 days in jail and a 1-year license revocation, plus an Ignition Interlock Device requirement. Understanding these minimums and working for the best reduction or dismissal is crucial.

Answer: A DUI in Nevada becomes a felony in specific, very serious situations. The most common is a third DUI offense within a seven-year period. This is a Category B Felony, punishable by 1 to 6 years in Nevada State Prison and fines from $2,000 to $5,000, plus a 3-year license revocation. A DUI is also a felony if it causes substantial bodily harm or death to another person, carrying 2 to 20 years in prison. Unlike misdemeanors, felony DUIs in Nevada generally cannot be sealed from your record. Facing a felony requires the best and most aggressive legal defense possible.

Answer: Prosecutors commonly use various types of evidence to prove impairment in DUI cases. This includes police officer observations (like slurred speech or unsteady balance), your performance on Field Sobriety Tests (FSTs), and crucially, Breathalyzer or blood test results showing your Blood Alcohol Content (BAC). A defense lawyer can challenge this evidence by questioning the legality of the traffic stop, the proper administration of FSTs, or the calibration and handling procedures of breath or blood tests. Meticulously investigating every detail is the best way to identify weaknesses in the prosecution’s case and build a strong defense.

Answer: Yes, in Nevada, you can absolutely be charged with a DUI even if you weren’t actively driving. The law states you can be charged if you are driving or in “actual physical control” of a vehicle while impaired. This means if you’re in the driver’s seat with the keys in the ignition or even just accessible, and you have the ability to operate the vehicle, you could be arrested for DUI. Proving a lack of “actual physical control” is a complex defense strategy that our firm is best equipped to handle, especially if you were simply pulled over and trying to sleep it off.

Answer: An Ignition Interlock Device, or IID, is a breathalyzer installed in your vehicle that prevents it from starting if it detects alcohol on your breath. In Nevada, IIDs are often required for second or third DUI offenses, or even for a first offense if your BAC was 0.18% or higher. The court can also mandate it as part of a plea deal. The device also requires “rolling retests” while driving. Avoiding this requirement is possible in some first-time cases or if you can prove undue hardship, and an experienced lawyer can advise you on the best way to approach this.

Answer: What are the consequences? You can refuse to perform Field Sobriety Tests (like walking a straight line or standing on one leg), and generally, your refusal cannot be used as evidence against you in court. However, under Nevada’s implied consent law, if you’re lawfully arrested for DUI, you do consent to an evidentiary breath or blood test. Refusing this chemical test will lead to an automatic 1-year driver’s license revocation, even if you’re not convicted of the DUI. Police can also seek a warrant for a forced blood draw if you refuse. Understanding these immediate consequences and choosing the best course of action is vital when dealing with an officer’s request.

Answer: In Las Vegas, you can be charged with DUI for driving under the influence of drugs, including illegal substances (like marijuana above certain limits in your blood) or even prescription medications if they impair your ability to drive safely. Nevada has “per se” limits for some drugs, meaning certain amounts in your system are automatically considered impairment, regardless of how you seem. Even if you have a valid prescription, if the drug makes you incapable of safely driving, it’s a DUI. Our firm helps you navigate the complex blood tests and expert testimony involved, aiming for the best possible defense against these charges.

Answer: For first-time misdemeanor DUI convictions in Nevada, it is generally possible to petition the court to have your record sealed after a waiting period of seven years from the end of the case (including completing probation, fines, and programs). A second misdemeanor DUI can also be sealed after seven years. However, felony DUI convictions, such as a third offense within 7 years or a DUI causing serious injury or death, cannot be sealed from your record in Nevada. Understanding the eligibility criteria and the process is key, and our firm can provide the best guidance on whether your record is eligible for sealing.