What happens with a first DUI?
A DUI charge in Nevada is a very serious matter. Even a first offense DUI in Nevada is serious and can wreak havoc on a person's life. Even if the case doesn't involve an accident or injury, there are mandatory minimum penalties for a first DUI Conviction which include jail time and revocation of your driving privileges or Nevada driver's license.
- A conviction for a first offense DUI in Nevada dictates the following mandatory sentence(s):
- Jail Time: Minimum of two (2) days, up to six (6) months in City or County Jail.
- Fines: Minimum of $400.00, up to $1,000.00 (plus court costs, fees, and assessments).
- Classes: DUI School and Victim Impact Panel.
If a person is convicted of Driving Under the Influence, First Offense, they face the following penalties: Jail, Fines, Driver's License Revocation, DUI School, Coroner's Class, Victim Impact Panel and a “Stay Out of Trouble” order.
A person convicted of a DUI can be sentenced to up to six months in jail, in the City or County jail. Jail time can be suspended, meaning it is not imposed pending the completion of other requirements.
There is a large cost for a DUI charge in Nevada. Increased insurance costs, towing expenses, restitution and enrollment fees for classes happen in almost every case. There are also mandatory minimum fines which, once you factor in Court costs, can easily exceed $1,000.00. Even the statutory minimum fine of $400.00 will raise to $685.00 when you factor in court costs, fees and assessments.
DUI arrests often have collateral consequences as well. They can restrict a person's citizenship and travel rights. One common consequence of a DUI allegation is an administrative one from the Nevada Department of Motor Vehicles. A first DUI allegation results in the Department of Motor Vehicles revoking a person's driving privileges for ninety days. This can happen even without a conviction in criminal court. A knowledgeable Nevada DUI lawyer can advise you on the ramifications for your driver's license when you have been arrested or accused of DUI and help you fight to keep your ability to drive. In addition, an experienced Las Vegas DUI lawyer can help you obtain a restricted driver's license when half of the 90 day revocation has been served. It is important to remember that it is a new and separate criminal offense to be caught driving after your license has been revoked for driving under the influence. It that happens, you can face a criminal conviction for driving on a suspended license and a mandatory 30 days in jail.
For every DUI conviction the Court MUST impose certain classes. These include the DUI School and Victim Impact Panel.
The DUI School is an 8 hour Court imposed class in which a person must enroll, and successfully complete, involving alcohol and drug education. This must be paid for out of the defendant's own pocket, and can range in price from $100 to $300. Your Nevada DUI lawyer can help you with locating and selecting a Court approved DUI School and in many cases, this can be completed online.
The Victim Impact Panel course serves to offer a unique perspective by having a defendant meet with a panel of individuals whose lives have been impacted by DUI cases. They will meet with another person convicted of DUI, a first responder, and a victim who was affected by the actions of an impaired driver. This course must be successfully completed by the defendant and will be paid for by him or her as well. Unlike the DUI school, this class must be completed in person in most cases.
There can be many other cases which, although not required by law, the Court can impose in sentencing someone for a DUI charge. These include inpatient and outpatient therapy sessions, twelve step classes and the Clark County Coroner's Class. If there is a cost for these classes it typically must be paid by the Defendant as part of his or her sentence.
DUI sentences will almost always include an order that the defendant must also stay out of trouble for a period of time. This means that if the Defendant picks up a new arrest or citation, generally other than a minor traffic violation, they are sentenced to do additional time in city or county jail.
While these penalties can be very serious, it is important to remember that hiring an experienced DUI attorney will almost always work in your favor. Attorney Josh Tomsheck has handled hundreds, if not thousands, of DUI cases. He has been able to have DUI charges reduced to lesser offenses, such as a minor moving violation or reckless driving, and in many cases, complete dismissals of all charges. It is important to note that being arrested for a DUI is not the same thing as being convicted of a DUI. Contact him here for a free consultation. It is important to retain an experienced DUI attorney as soon as possible, because there are many critical deadlines with the DMV and the Court that must be met in order to fight the charges against you.