DUI Charges in Nevada: Understanding the Laws and Your Rights
Driving under the influence (DUI) is a serious offense in Nevada, carrying severe penalties that can have a lasting impact on your life. Whether it's your first offense or a repeat charge, the consequences of a DUI conviction can include heavy fines, license suspension, mandatory education classes, and even jail time. For those involved in accidents resulting in injury or death, the stakes are even higher, potentially leading to felony charges and long prison sentences. Understanding the various DUI-related charges and their corresponding statutes is crucial for anyone facing these allegations and is the first step to knowing how to defend against them. Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney, has the expertise needed to defend against DUI charges in Las Vegas and throughout Nevada. Below, we outline the specific DUI-related offenses and serious vehicular crimes in Nevada, along with the applicable statutes and elements of each offense.
DUI-Related Charges in Nevada
Driving Under the Influence of Alcohol or Drugs (NRS 484C.110)
Elements: It is illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both to the extent it would render you unsafe to drive. A person is considered per se under the influence if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired to a degree that they cannot safely operate the vehicle.
Applicable Nevada Statute: NRS 484C.110
Penalties: Vary depending on the number of prior offenses, but generally include fines, license suspension, and mandatory DUI education classes for a first offense, with increased penalties for subsequent offenses.
DUI Causing Substantial Bodily Harm or Death (NRS 484C.430)
Elements: Driving under the influence and causing a traffic accident that results in substantial bodily harm or death to another person. This is a felony offense, regardless of whether it is a first-time DUI.
Applicable Nevada Statute: NRS 484C.430
Penalties: Includes imprisonment for a minimum of 2 years and up to 20 years, fines up to $5,000, and a three-year license suspension. If convicted, this is a non-probationable offense (meaning that you must) serve time.
Commercial DUI (NRS 484C.120)
Elements: It is unlawful to operate a commercial vehicle with a BAC of 0.04% or higher.
Applicable Statute: NRS 484C.120
Penalties: Penalties include fines, disqualification from operating a commercial vehicle, and possible imprisonment.
Underage DUI (NRS 484C.350)
Elements: Driving under the influence with a BAC of 0.02% or more if the driver is under 21 years old.
Applicable Statute: NRS 484C.350
Penalties: Includes fines, mandatory alcohol awareness classes, community service, and possible license suspension.
DUI Third Offense or Subsequent Offense (NRS 484C.400)
Elements: A third DUI offense within seven years is automatically charged as a felony. For the prosecution to secure a conviction, they must prove that the driver was under the influence of alcohol or drugs, had a BAC of 0.08% or higher, and had two prior DUI convictions within the last seven years.
Applicable Statute: NRS 484C.400
Penalties: A third or subsequent DUI offense is a category B felony and carries severe consequences, including:
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- Mandatory minimum imprisonment of 1 year and up to 6 years in Nevada State Prison. If convicted, this is a non-probationable offense (meaning that you must) serve time.
- Fines ranging from $2,000 to $5,000.
- Installation of an ignition interlock device for a period determined by the court.
- Mandatory DUI treatment programs and possible community service.
- License revocation for 3 years.
In addition to DUI offenses, there are related traffic offenses commonly charged in Las Vegas and throughout Nevada that can have serious consequences as well. They include:
Open Container Violation (NRS 484B.150)
Elements: Having an open container of alcohol within the passenger area of a vehicle on a highway.
Applicable Statute: NRS 484B.150
Penalties: This is a misdemeanor offense, punishable by up to 6 months in jail and subject to fines and other requirements.
Vehicular Manslaughter (NRS 484B.657)
Elements: Causing the death of another person through negligent driving, but without the influence of drugs or alcohol.
Applicable Statute: NRS 484B.657
Penalties: Includes fines and up to 6 months in jail.
Reckless Driving (NRS 484B.653)
Elements: Driving with willful or wanton disregard for the safety of persons or property. Reckless driving can be a misdemeanor or felony if it results in injury or death.
Applicable Statute: NRS 484B.653
Penalties: Penalties include fines, license suspension, and possible 6 months in jail.
Felony Reckless Driving (NRS 484B.653(6))
Elements: Reckless driving causing substantial bodily harm or death.
Applicable Statute: NRS 484B.653(6)
Penalties: Includes up to 6 years in prison and fines up to $5,000.
Hit and Run (NRS 484E.010)
Elements: Leaving the scene of an accident without providing information or assistance to injured persons. This can be a misdemeanor or felony depending on the extent of injury or damage.
Applicable Statute: NRS 484E.010
Penalties: Felony charges can result in imprisonment for 2 to 20 years and fines up to $5,000.
Aggressive Driving (NRS 484B.650)
Elements: Committing two or more traffic offenses such as speeding or unsafe lane changes, which create a danger to other road users.
Applicable Statute: NRS 484B.650
Penalties: Misdemeanor offense punishable by fines and possible jail time of up to 6 months.
Defending Against DUI Charges in Nevada
If you have been charged with any DUI-related offense or serious vehicular crime in Nevada, the consequences can be severe and life-altering. Navigating the complexities of Nevada DUI laws requires the expertise of an experienced criminal defense attorney who understands the nuances of these cases. Attorney Josh Tomsheck has extensive experience defending clients against DUI charges and serious vehicular crimes in Las Vegas and throughout Nevada. As a nationally board-certified criminal trial lawyer and a former Chief Deputy District Attorney, he knows how the prosecution builds its case and can effectively challenge the evidence against you.
Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing personalized and aggressive defense strategies tailored to your unique situation. Whether it's questioning the legality of the traffic stop, the accuracy of breathalyzer results, or the administration of field sobriety tests, Josh will meticulously scrutinize every aspect of your case to ensure that your rights are protected.
Contact Josh Tomsheck Today
If you are facing DUI charges or have been accused of a serious vehicular crime in Nevada, don't wait to get the legal help you need. Contact attorney Josh Tomsheck at Hofland & Tomsheck today. With his extensive experience and track record of success, he can provide the strong defense you need to fight your charges and protect your future. Call us at 702-895-6760 to schedule a consultation and discuss your case. Your rights and freedom are too important to leave to chance—let us help you navigate the legal system and achieve the best possible outcome for your situation.
