Las Vegas Driving Under the Influence (DUI) Defense Law Center:
What You Need to Know About Your DUI Case and How to Defend It
Featuring Top Las Vegas DUI Defense Lawyer Josh Tomsheck
Navigating a DUI Charge in Las Vegas
If you've been charged with driving under the influence (DUI) in Las Vegas, it's essential to understand the serious implications of your case and the legal options available to you. DUI offenses are among the most common criminal charges in Nevada, yet they carry significant penalties that can affect your driving privileges, criminal record, and personal life. With a strict legal framework in place, it's crucial to have an experienced DUI defense attorney who understands Nevada law and the Las Vegas court system.
Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and a former Chief Deputy District Attorney in Clark County, has handled thousands of DUI cases. At the law firm of Hofland & Tomsheck, we are dedicated to providing comprehensive and strategic defense for individuals facing DUI charges in Las Vegas Justice Court, Las Vegas Municipal Court, and Clark County District Court. With our expertise, you can be confident that you have a powerful advocate on your side.
Understanding Nevada DUI Laws
Nevada has stringent DUI laws designed to deter impaired driving and keep the roads safe. Under Nevada Revised Statutes (NRS) 484C.110, a person can be charged with DUI if they are found operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or if they are impaired by alcohol, drugs, or a combination of both to the extent that they cannot safely drive. For commercial drivers, the legal BAC limit is 0.04%, and for drivers under 21, the limit is 0.02%.
Types of DUI Charges in Las Vegas
1. First-Time DUI Offense: A first DUI offense is typically classified as a misdemeanor, carrying penalties such as up to six months in jail, fines ranging from $400 to $1,000, mandatory DUI school, Victim Impact Panel, and a 185-day driver's license suspension.
2. Second DUI Offense: A second DUI within seven years is also a misdemeanor but comes with harsher penalties, including a minimum of 10 days to six months in jail, fines up to $1,000, DUI school, and installation of an ignition interlock device.
3. Third DUI Offense: A third DUI within seven years is a category B felony. Penalties include one to six years in Nevada State Prison, fines up to $5,000, and a three-year driver's license suspension.
4. DUI with Serious Bodily Harm or Death: If a DUI results in substantial bodily harm or death, the charge is a category B felony, punishable by two to 20 years in prison - with no possibility of probation - and fines up to $5,000.
5. DUI with Felony Child Abuse: Driving under the influence with a child under 15 years old in the vehicle can result in a Category B Felony Charge for Child Abuse, Neglect or Endangerment under NRS 200.508(1).
6. DUI Drugs: Nevada law prohibits operating a vehicle with certain levels of drugs or controlled substances in your system, even if you have a prescription.
Defending Against DUI Charges: Strategies and Legal Options
Challenging the Traffic Stop and Arrest
The validity of a DUI charge often hinges on the legality of the traffic stop. If law enforcement did not have reasonable suspicion to stop you or probable cause to arrest you, your attorney could argue for a suppression of evidence, which may lead to the dismissal of your case. Josh Tomsheck will meticulously review the circumstances of your stop and arrest to identify any constitutional violations.
Contesting the Breath test or Blood Test Results
Forensic breath and blood tests are not infallible. They can be affected by various factors such as improper calibration, operator error, medical conditions, or contamination. We will scrutinize the testing process and equipment used to detect any errors or inconsistencies that could undermine the accuracy of the test results.
Field Sobriety Tests: Reliability and Administration
Field sobriety tests are highly subjective and often administered under challenging conditions. Josh Tomsheck is skilled in cross-examining the arresting officer's testimony and challenging the reliability of these tests, especially if they were administered improperly or under unsuitable conditions, such as uneven surfaces or poor lighting.
Rising Blood Alcohol Defense
In some cases, your BAC could have been below the legal limit at the time you were driving but rose above the limit by the time you were tested. This defense, known as the "rising blood alcohol" defense, requires expert testimony and a thorough understanding of alcohol metabolism.
Negotiating Plea Deals and Alternative Sentencing
If the evidence against you is strong, a skilled DUI attorney can negotiate for reduced charges or alternative sentencing options, such as a reckless or careless driving charge, which has less severe penalties than a DUI conviction and is not enhanceable in the future. Nevada also offers programs like DUI Court, which focuses on rehabilitation rather than punishment for certain offenders.
What to Expect in a Las Vegas DUI Case
The Arraignment
Your first court appearance will be an arraignment, where you will be formally charged and asked to enter a plea. It's crucial to have legal representation at this stage to avoid entering a plea that could limit your defense options. In fact, because we appear in Las Vegas DUI Court's on a daily basis and are known to all the judges and prosecutors, we can appear for you - you do not even have to be present in most cases. This saves you from a lot of hassle and the stress of the Courtroom.
Pre-Trial Conferences and Hearings
During the pre-trial phase, your attorney will file often file motions to suppress evidence or dismiss the case, negotiate with the prosecutor, and prepare your defense. This is a critical period where many DUI cases are resolved without going to trial. In some Court systems, such as the Las Vegas Municipal Court, we will use court status checks, known as "pretrial conferences" in order to negotiate and fight for your rights.
Trial
If your case goes to trial, Josh Tomsheck will present a compelling defense, challenging the prosecution's evidence and questioning the credibility of their witnesses. His experience as a former prosecutor gives him unique insight into how the state or city prosecutor builds its case, allowing him to craft a powerful defense strategy.
Sentencing and Penalties
If convicted, either by plea or following Trial (which rarely happens when you have the right defense) the judge will impose a sentence based on Nevada's DUI laws. Your attorney can argue for the most lenient penalties possible, taking into account mitigating factors such as your driving record, level of intoxication, and any rehabilitative steps you've taken since your arrest. In many negotiations we can fashion pleas so that the consequences are extremely minor, and have no impact on your life going forward.
Why Choose Josh Tomsheck for Your DUI Defense?
Josh Tomsheck is a nationally board-certified criminal defense lawyer and a former Chief Deputy District Attorney in Clark County. He has handled thousands of DUI cases, achieving numerous dismissals, reductions, and favorable outcomes for his clients. With his extensive knowledge of Nevada DUI law and the local court system, Josh is uniquely positioned to provide the strongest possible defense.
At Hofland & Tomsheck, we understand the impact a DUI conviction can have on your life. We are committed to protecting your rights, your reputation, and your future. If you've been charged with DUI in Las Vegas, don't face it alone. Contact us today for a confidential consultation and let us help you navigate this challenging time.
