Las Vegas DUI Lawyer | Josh Tomsheck at
LV NV DUI Defense Center
Serious Defense for Serious DUI Charges in Las Vegas
Don't plead guilty. Don't give up. You can keep your freedom and your driver's license, with the help of a qualified Las Vegas DUI Attorney. At the Las Vegas DUI defense firm of Hofland & Tomsheck, home of the LV NV DUI Defense Center, we understand. We know that facing a DUI charge in Las Vegas can be overwhelming, especially when your freedom, driving privileges, and future are at risk. This is especially true for many people who are arrested for DUI and have never been in any trouble previously. Whether it's your first offense or you have prior DUI convictions, the consequences of a DUI in Nevada can be extremely harsh. If you've been charged with driving under the influence, having an experienced DUI defense lawyer can make all the difference in the outcome of your case, the retention of your freedom and the maintenance of your ability to legally drive.
Josh Tomsheck, a nationally recognized DUI defense lawyer and founder of the LV NV DUI Defense Center at Hofland & Tomsheck and LVNVDUI.com, is dedicated to providing aggressive and personalized legal representation for individuals facing DUI charges in Las Vegas and throughout Nevada. With extensive experience in DUI law, Josh has successfully represented clients from all walks of life, including professionals, executives, and tourists visiting the area. His expertise, combined with a deep understanding of Nevada DUI laws, positions him as one of the best DUI lawyers in Las Vegas.
Why Hire Josh Tomsheck as
Your Las Vegas DUI Lawyer?
When searching for a Las Vegas DUI lawyer, you want someone with the knowledge, skills, and resources to provide the best defense possible. Josh Tomsheck has a long track record of achieving favorable results in DUI cases, from dismissals to reduced charges. Here's why you should consider hiring Josh to represent you:
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Former Prosecutor: As a former Chief Deputy District Attorney in Clark County, Josh Tomsheck has firsthand knowledge of how the prosecution builds its DUI cases. This unique perspective gives him a strategic advantage when defending his clients.
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Board-Certified Criminal Trial Lawyer: Josh is a nationally recognized, board-certified criminal trial attorney with extensive experience handling DUI cases in Nevada.
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Proven Results: Josh has successfully defended thousands of clients against DUI charges, achieving dismissals, not guilty verdicts, and favorable plea deals.
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Comprehensive Legal Strategy: Josh's defense strategies include challenging the legality of the traffic stop, questioning the reliability of breath and blood test results, and examining police procedures for violations of your constitutional rights.
Josh Tomsheck's dedication to providing top-tier legal defense makes him the best DUI attorney in Las Vegas for those who want a serious defense for their serious charges.
Common Penalties for DUI in Nevada
If convicted of a DUI in Nevada, the penalties can range from fines and community service to jail time and long-term consequences like the loss of your driver's license. Here are the typical penalties for a first, second, and third DUI offense in Nevada:
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First-Time DUI: For a first-time DUI offense in Las Vegas, you may face:
- Fines ranging from $400 to $1,000, plus court costs which will raise the fine several hundred dollars.
- 48 hours to 6 months in jail, though community service may replace jail time in many cases.
- Completion of a DUI school or alcohol awareness program.
- Attendance at a Victim Impact Panel.
- A 185-day driver's license revocation.
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Second DUI Offense: A second DUI within seven years is classified as a misdemeanor, but the penalties increase significantly:
- Fines between $750 and $1,000.
- 10 days to 6 months in jail or house arrest.
- Additional mandatory counseling and community service.
- A 1-year driver's license revocation.
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Third DUI Offense: A third DUI offense within seven years is considered a felony in Nevada. The penalties are far more severe, including:
- 1 to 6 years in Nevada State Prison.
- Fines up to $5,000.
- A 3-year driver's license revocation.
- Mandatory installation of an Ignition Interlock Device (IID).
Understanding the potential consequences of a DUI conviction highlights the importance of having an experienced DUI lawyer in Las Vegas like Josh Tomsheck who can help you navigate the complexities of Nevada DUI law.
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What Happens During a DUI Stop?
When a police officer suspects you of driving under the influence, they will typically perform a traffic stop and begin gathering evidence to determine whether you are impaired. Common steps during a DUI stop include:
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Field Sobriety Tests: Officers may ask you to perform field sobriety tests (FSTs), such as walking in a straight line or standing on one leg. These tests are designed to assess your coordination and balance, but they are often unreliable and can be affected by factors like nervousness, medical conditions, or uneven road surfaces.
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Breath Test: The officer may also ask you to take a breath test to measure your breath alcohol content (BAC). In Nevada, a BAC of 0.08% or higher is considered over the legal limit. However, breathalyzers can produce inaccurate results if they are not properly calibrated or administered.
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Arrest and Chemical Testing: If the officer believes you are under the influence, you may be arrested and taken to the police station for further testing. In some cases, blood or urine tests will be administered to determine the presence of drugs or alcohol in your system.
Josh Tomsheck has extensive experience challenging the evidence gathered during DUI stops, including questioning the accuracy of field sobriety tests and breath/blood tests. If you've been arrested for DUI, having a skilled DUI defense lawyer in Las Vegas like Josh can help you build a strong defense.
Challenging DUI Evidence in Court
One of the key components of a successful DUI defense is challenging the evidence presented by the prosecution. Josh Tomsheck uses a variety of legal strategies to weaken the state's case, including:
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Challenging the Traffic Stop: Police officers must have reasonable suspicion to pull you over. If the stop was unlawful or without probable cause, the evidence gathered afterward may be suppressed.
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Questioning Breath/Blood Results: Breath tests and blood tests can be unreliable due to improper calibration or human error. Josh will carefully review the testing machine use and maintenance and the circumstances surrounding the test to challenge its accuracy.
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Attacking Field Sobriety Test Results: Field sobriety tests are often subjective and can be influenced by a variety of factors unrelated to alcohol or drug use, such as anxiety, medical conditions, or poor road conditions.
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Blood Testing Errors: If chemical tests were conducted, errors in the handling or storage of samples can lead to inaccurate results. Josh Tomsheck works with expert witnesses to analyze the test results and challenge their validity.
By challenging the evidence and questioning the prosecution's case, Josh Tomsheck has successfully defended clients against even the most complex DUI charges.
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Felony DUI Charges in Nevada
While most DUI cases are misdemeanors, certain circumstances can elevate the charge to a felony. In Nevada, DUI becomes a felony under the following conditions:-
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Third DUI Offense: A third DUI conviction within seven years is automatically classified as a felony.
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DUI Resulting in Injury or Death: If you are involved in a DUI accident that results in substantial bodily harm or death, you could face felony charges and a prison sentence of 2 to 20 years.
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Prior Felony DUI Convictions: If you have a prior felony DUI conviction, any subsequent DUI charge will also be treated as a felony, even if it is your first offense within the seven-year period.
Felony DUI convictions carry much harsher penalties, including lengthy prison sentences, significant fines, and long-term license suspensions. If you're facing felony DUI charges, you need an experienced felony DUI attorney in Las Vegas like Josh Tomsheck to aggressively defend your case and work toward the best possible outcome.
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Do I Need to Appear in Court for My DUI Case?
For most misdemeanor DUI cases, including charges in Las Vegas Justice Court and Las Vegas Municipal Court, Josh Tomsheck can appear in court on your behalf, allowing you to avoid the stress and inconvenience of attending multiple court hearings. This is especially beneficial for clients who live outside of Nevada or have other obligations that make it difficult to attend court.
However, if your case goes to trial or if you are facing felony DUI charges, your presence in court may be required. Josh will guide you through every step of the process and ensure that your rights are protected at all times.
Will a DUI Conviction Show Up on My Record?
Yes, a DUI conviction will show up on your criminal record and can impact your ability to secure employment, housing, and professional licenses. In Nevada, misdemeanor DUI convictions remain on your record for seven years, after which they can be sealed. However, felony DUI convictions may remain on your record permanently.
Josh Tomsheck has helped many clients get their records sealed after the appropriate time has passed, allowing them to move forward with their lives. If you're concerned about how a DUI conviction could affect your future, Josh can help you explore your options for record sealing and guide you through the process.
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How to Beat a DUI Case in Las Vegas
Beating a DUI charge requires a skilled attorney who understands the complexities of DUI law and knows how to challenge the evidence against you. Josh Tomsheck uses a combination of legal strategies to fight and win DUI charges, including:- Challenging the legality of the traffic stop.
- Questioning the accuracy of breath and blood test results.
- Examining police procedures for errors or violations of your constitutional rights.
- Negotiating plea deals to reduce charges or penalties.
With years of experience and a deep understanding of Nevada DUI laws, Josh Tomsheck has successfully defended clients against even the most serious DUI charges. If you're facing DUI charges, it's critical to act quickly to build the strongest defense possible. Josh Tomsheck and his team at Hofland & Tomsheck and the LV NV DUI Defense Center are ready to help you navigate the legal process, protect your rights, and work toward a favorable outcome.
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