Will I automatically go to prison for a DUI?

Posted by Joshua Tomsheck | Oct 05, 2018 | 0 Comments

In Las Vegas, one of the most commonly seen and heard about crimes is driving under the influence. In fact, DUI is one of the most commonly charged crimes in Nevada. Although there are many scary consequences that can occur from a person drinking and driving, it is not common that, without aggravating circumstances, a first time offender, or second time offender, is sent to jail. Under Nevada law however, it is required that someone convicted for a DUI spend some time in jail, even if it is a first offense.

A first offense DUI conviction is a misdemeanor offense. If convicted, the Court is required to impose a minimum of forty-eight (48) hours in jail. However, in most cases, the Defendant has already spent this amount of time in jail after the initial arrest. The Judge has the discretion to impose a sentence of up to six (6) months in jail. Typically this is “suspended,” meaning that the Defendant will only have to serve the jail time if he or she does not complete any of the Court's other requirements. The Court will impose fines that range from $400 to $1,000. This is separate from any other court costs, fees, and assessments. The Defendant will also commonly have to attend, and successfully complete, a DUI School, a Victim Impact Panel and a Coroner's Class. The Defendant will have to stay out of trouble, meaning no other offenses aside from minor traffic tickets until the case is closed, otherwise he or she could go to jail.

If, within the last seven years, the Defendant has had a prior DUI conviction, then the penalties will be more severe. For a second offense within seven years, the Judge will sentence the Defendant to between ten (10) days to six (6) months in jail. In some cases, the Court can impose house arrest for the same duration. This sentence will usually be suspended, and will only be imposed if the Defendant fails to meet the Court's other requirements. The Defendant will have to stay out of trouble, and have no interaction with law enforcement other than minor traffic tickets, while the case is open. The Defendant can also face fines that range from $750 to $1,000. The Court will order the Defendant to attend and complete a DUI School, a Coroner's Class and a Victim Impact Panel. In many cases, a Defendant will have to be evaluated and can face additional requirements depending on the results of the evaluation.

A person convicted of a felony DUI offense will have to go to prison, as a felony conviction means mandatory prison time. There are many different ways that a person can be charged with a Felony DUI, including having two prior DUI convictions in the last seven years, causing substantial bodily harm or death, and vehicular manslaughter. If a person is convicted of a Third Offense DUI, the Defendant faces one (1) year to six (6) years in the Nevada Department of Corrections and a fine of up to $5,000.
In the event that a person has been charged with a DUI Resulting in Substantial Bodily Harm or Death, please click here. If the person arrested and charged with a DUI was under the age of twenty-one (21) years old, please click here. If the person has been charged with vehicular manslaughter, please click here. For DUI convictions, there are also penalties imposed by the DMV. 

In order to get the best possible resolution, it is important you talk to an experienced and knowledgeable Las Vegas DUI Defense Attorney as soon as possible. In some cases, it may be possible to prevent charges from ever formally being filed against an individual. Las Vegas DUI Defense Attorney Joshua Tomsheck has over a decade of experience. He is a member of the National College for DUI Defense and the DUI Defense Lawyers Association. The legal system can be complicated and confusing, so it is important to have Mr. Tomsheck fighting for you. At Hofland & Tomsheck, Mr. Tomsheck is the only attorney who handles criminal defense cases. You will never have to worry about Mr. Tomsheck not knowing the details of your case, or who you are, as your case will not be passed on to an associate. Mr. Tomsheck has handled thousands of DUI Case with great results, including charges being dismissed completely, or reduced to reckless driving. For more on his case results, please click here. Contact him here today for your free consultation.

About the Author

Joshua Tomsheck

DUI Attorney Josh Tomsheck is a Partner in the firm of Hofland & Tomsheck, and has committed to the representation of those charged with Crimes, focusing his practice on Drunk Driving/DUI/DWI defense.


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If you are arrested or charged with a DUI in Las Vegas or surrounding areas, finding the best lawyer to fight for you should be your top priority. Just because you have been arrested does NOT mean you will be convicted. Attorney Josh Tomsheck of the law firm of Hofland & Tomsheck find the best defense to your Nevada DUI charge - - Fighting for Justice - - Fighting for you!