The Cost of a DUI in Las Vegas
Financial and Legal Consequences
How much does a DUI cost anyway? That is one of the most common questions people ask when they find themselves arrested or charged with this crime. Many times that question is focused on how much it costs to retain a good DUI Lawyer. We answer that question in more detail here. In addition to the cost of a good lawyer to defend a DUI charge in Las Vegas, there are many other costs associated with a DUI arrest. It stands to reason that getting charged with a DUI in Las Vegas can bring about serious financial and legal troubles. But just how much? Beyond the immediate penalties such as fines, fees, and potential jail time, there are long-lasting costs tied to a DUI conviction that can affect many parts of your life. It's important to understand these costs and the relevant Nevada laws if you're facing DUI charges in Las Vegas.
Immediate Financial Costs of a DUI
Fines and Fees
Nevada law sets specific fines for DUI convictions, which depend on the number of offenses. For a first offense, fines range from $400 to $1,000. When you factor in court costs, fees and assessments the average minimum fine for a DUI in Las Vegas Justice Court is $685.00. In Las Vegas Municipal Court that amount goes up to $910.00. For a second offense, fines go up to $750 to $1,000, meaning that with court costs, fees and assessments you are likely to be fined in excess of $1,100.00 for a second offense. Worse, a third offense, which is a felony, carries fines between $2,000 and $5,000. Additionally, there may be administrative fees and court costs added to these amounts.
Bail Costs
If you're arrested for a DUI, you might need to post bail to get out of jail. Depending on which Court you are in, if you are not granted an own recognizance release, bail amounts can range from approximately $3,000.00 for a first offense misdemeanor to as high as $500,000.00 for a DUI accident resulting in injury or death, as very serious category B felony. These ranges can vary greatly depending on how severe the offense is and your prior criminal history.
Attorney Fees
Hiring a skilled DUI attorney in Las Vegas is essential for navigating the legal process. Attorney fees can vary widely based on how complex the case is and which attorney you are talking to. You should be VERY careful here, do your research and select the attorney that you feel is best to defend you in your unique case. This lawyer should be someone with experience, not only as a lawyer but in the specialization of DUI defense, as this is a very niche and complicated practice area. Not all lawyers are the same and you may find very different and divergent prices for DUI defense in Las Vegas. For instance, you may find a lawyer who says he or she practices DUI law and will take your case for a few hundred dollars down or a total fee of as low as $1,000.00. You should be very wary of these prices and lawyers. Many people want to pay a lawyer, rather than take a public defender at no charge, thinking they will get better results. While it is unequivocally true that you can pay for the best representation, the lawyer who takes your case for a very low fee or down payment, is likely a lawyer who couldn't get hired at the public defenders office. These lawyers will often go to court for you once and then tell you to take the prosecutors first offer. Don't. You are better off not paying for a lawyer at all if that is what you want to do and there are actually very good lawyers at the public defender's office who will likely serve you better than paying a "bargain" or "cheap" paid lawyer. When you retain a lawyer however, you have the constitutional right to hire the lawyer of your choosing. This is opposed to a public defender, where you are assigned a lawyer and don't get to decide who represents you. If you have the means to hire a "paid" lawyer, sometimes called a "private" or "retained" attorney, you have available to you any lawyer you choose. There are exceptionally dedicated, talented and well resourced attorneys who have devoted themselves to the defense of people charged with crimes and specialize in DUI cases. This is why you will find that some of the best results are achieved by retained lawyers. As far as the cost, they very greatly. While no two cases, or fees, are the same, the best DUI lawyers in Las Vegas charge around $5,000.00 for a first offense DUI. This is not a concrete figure, as the fee should be case specific and some cases may cost more, or less, depending on the circumstances. In a felony case however, the cost can be exponentially higher, into the tens of thousands of dollars for top notch defense and even into the six figures for cases that proceed to trial for the best DUI trial lawyers. Although these figures are certainly not cheap, this is perhaps the best money one can ever spend, as their freedom, their livelihood, there family life and everything that matters to them is at stake. Likewise, there are certainly lawyers who charge far more than the average. Be wary of this as well, as you are likely overpaying and not likely to get a benefit for that extra expenditure. Do your research and hire the lawyer that you feel best about after talking to them and hearing what they have to say.
Vehicle Impound Fees
If your vehicle gets impounded after a DUI arrest, you'll face impound fees. In Las Vegas, these fees can range from $100 to $300 for towing, plus daily storage fees that can add up quickly if the vehicle stays impounded for a long time. You will want to get your car out of impound as soon as possible to avoid any unnecessary fees. While the location of a towed vehicle following a DUI arrest varies based on jurisdiction, you can often find your towed vehicle in Las Vegas by running a query at autoreturn.com here. To locate your vehicle you will need your license plate, VIN number or towing information.
DUI School and Substance Abuse Treatment
Nevada law requires anyone convicted of a DUI to complete DUI School, which costs around $150. You will also likely be required to complete a victim impact panel which also has registration fees. In some cases, a substance abuse evaluation and treatment program might also be required, costing an additional $500 to $1,000 depending on the circumstances.
Long-Term Financial Impacts
Not all costs are immediate. Some of the most expensive costs of DUI related convictions are ones that transpire over time. They included the following:
Increased Insurance Premiums
A DUI conviction will significantly increase your auto insurance premiums. On average, Nevada drivers can expect their insurance rates to jump by as much as 100% - or more -after a DUI. This increase can last for several years, leading to thousands of dollars in extra insurance costs over time. You will also be required to carry an SR-22.
License Reinstatement Fees
After a DUI conviction, you'll need to reinstate your driver's license. In Nevada, the reinstatement fee is usually around $120. You might also have to install a breath ignition interlock device (BIID) in your vehicle, which comes with installation and monthly maintenance fees ranging from upwards of $100 per month.
Lost Wages and Job Opportunities
A DUI arrest and conviction can cause you to miss work due to court appearances, DUI school, and possible incarceration. Additionally, some employers may fire you because of a DUI conviction, especially if your job requires a clean driving record or professional licensing. The long-term impact on your career can be significant.
Travel and Immigration Consequences
A DUI conviction can affect your ability to travel internationally. Some countries, like Canada, might deny entry to individuals with DUI convictions. Also, if you're not a U.S. citizen, a DUI conviction can have serious immigration consequences, including deportation or denial of visa applications.
Legal Consequences of a DUI in Nevada
Criminal Record
A DUI conviction in Nevada results in a permanent criminal record, which can be hard to seal or expunge until significant time has passed. This record can affect your ability to get a job, housing, and professional licenses. The stigma of a criminal conviction can follow you for the rest of your life.
Mandatory Jail Time
Nevada law imposes mandatory minimum jail sentences for DUI offenses. For a first offense, the court may impose up to six months in jail or community service. A second offense within seven years requires at least 10 days in jail. A third offense is a felony, with a mandatory prison sentence of 1-6 years in Nevada state prison.
License Revocation
Nevada's Department of Motor Vehicles (DMV) imposes an automatic license revocation after a DUI arrest if your blood or breath alcohol reading comes back in excess of .08. For a first offense, the revocation period is 185 days. A second offense results in a one-year revocation, and a third offense results in a three-year revocation. You may be eligible for a Y-restriction on your license, provided you meet certain conditions, and you have a breath ignition interlock device installed on your car and monitored.
Ignition Interlock Device Requirement
Following conviction or administrative revocation of driving privileges for a DUI, Nevada law requires the installation of an ignition interlock device (IID) - also called a breath ignition interlock device (BIID). This device requires the driver to pass a breath test, on camera, before the vehicle can start. For a first DUI offense, an IID is generally required for six months, while a second offense within seven years can mandate an IID for much longer. The costs associated with installing and maintaining an IID, including installation fees and monthly service charges, add to the financial burden of a DUI conviction.
Civil Penalties and DUI-Related Costs
Civil Penalties
Besides criminal penalties, you might also face civil penalties if your DUI resulted in property damage or injury to another person. Victims can sue for damages, leading to significant financial liability, including medical expenses, property repair, and compensation for pain and suffering.
Alcohol Education and Treatment Programs
Judges may require attendance in alcohol education or treatment programs as part of your sentencing. These programs, which aim to prevent future DUI offenses, often come with additional costs that the offender must bear. The fees for these programs can range from a few hundred to several thousand dollars, depending on the length and intensity of the treatment required.
Victim Impact Panel
Nevada law mandates attendance at a Victim Impact Panel for first and second DUI offenses. These panels, designed to educate offenders on the impact of DUI, charge a nominal fee, typically around $50. While this is a smaller cost compared to other penalties, it is still a required part of DUI sentencing.
Long-Term Costs and Consequences
Professional and Personal Impacts
A DUI conviction can have long-term consequences beyond the immediate legal and financial costs. It can impact professional licenses, job opportunities, and your reputation. For those holding professional licenses, such as pilots, healthcare workers, or legal professionals, a DUI conviction can trigger disciplinary actions, including suspension or revocation of the license. The stigma associated with a DUI conviction can also affect personal relationships and community standing.
Housing and Employment Opportunities
A criminal record, including a DUI conviction, can make it challenging to secure housing and employment. Landlords and employers often conduct background checks, and a DUI conviction can result in rental applications or job offers being denied. This can lead to long-term financial instability and difficulty in rebuilding your life after a DUI.
Potential Future Legal Troubles
A DUI conviction can also serve as a prior offense, enhancing penalties for any future DUI arrests. For example, a second DUI within seven years is treated much more severely than a first offense, with mandatory jail time and longer license suspensions. The financial and legal consequences of multiple DUI convictions are compounding over time and can be extremely expensive, not to mention personally and professionally crippling.
How Josh Tomsheck Can Help
Given the serious financial and legal consequences of a DUI conviction, having an experienced DUI defense attorney is crucial. Josh Tomsheck, a nationally board-certified criminal lawyer and former Chief Deputy District Attorney in Clark County, Nevada, has the expertise and experience to navigate these complex cases. As a member of the National College for DUI Defense, he is well-versed in the nuances of DUI law and has a proven track record of successfully defending clients against DUI related charges in all Courts within Las Vegas, Clark County and elsewhere in Nevada.
Josh Tomsheck's background as a prosecutor gives him unique insight into how DUI cases are handled in Las Vegas. He understands the tactics used by the prosecution and knows how to challenge the evidence effectively. Whether it's questioning the accuracy of a forensic test, highlighting procedural errors in the arrest process my members of the LVMPD or NHP, or negotiating for reduced charges with one of the prosecutors he has likely handled 100s of cases against, Josh's approach is thorough and strategic, with one goal in mind - the best result for YOU.
In addition to his legal expertise, Josh Tomsheck is known for his compassionate approach to client care. He understands the stress and anxiety that come with facing a DUI charge and provides personalized attention to each case. He works diligently to ensure that his clients understand their rights, the legal process, and the potential outcomes of their cases. His goal is not only to secure the best possible legal result but also to help his clients move forward with their lives after a DUI arrest. At Hofland & Tomsheck we have staff that knows exactly what to do with all aspects of your DUI case, even if you feel completely out of your element, we know what to do at all times and we pass the relief of stress on to our clients. We take your needs seriously, and communicate with you through every step in the process.
If you are facing DUI charges in Las Vegas, it is critical to have an attorney who can provide a complete defense and help you with the foreign sounding and likely terrifying nature of the criminal court process. Josh Tomsheck's unique qualifications and extensive experience make him the top choice for anyone looking to protect their future against the severe consequences of a DUI conviction and receive the best representation money can buy.
For more information or to schedule a consultation, contact Josh Tomsheck at Hofland & Tomsheck. He can help you understand the legal process, explore your defense options, and fight to minimize the impact of a DUI charge on your life. Don't face these serious charges alone—call us today-- the cost is too great not to.
