DUI Defense

Las Vegas DUI Defense Attorney

Most people assume that “Driving Under the Influence” means “drunk driving.” However, driving under the influence actually means operating a motor vehicle without the normal use of mental or physical faculties due to impairment from alcohol or other drugs. You don't have to be "drunk" to get a conviction for DUI in Nevada.

Following a DUI arrest where a breath test has been administered, you only have seven (7) days to request a DMV hearing to protect your license from being revoked or suspended. It's a good idea for an experienced DUI lawyer to file the request and represent you at this administrative hearing.

When you hire Joseph Gersten as your Las Vegas DUI defense lawyer, he will work to reduce the stress a DUI arrest can cause you. Attorney Gersten is familiar with several important aspects of DUI criminal cases, including:

Attorney Joseph Gersten will go to court however many times is necessary to help reduce the disruption a DUI case will cause in your daily life. His goal is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, the only chance for success in a drunk driving case is to have an experienced Las Vegas attorney.

You need to be familiar with the issues involved in a typical drunk driving case so that you may aid and participate in your defense and make informed decisions. It is also important that you tell your lawyer all the facts so that he can help you defend your DUI case. If you've been arrested for DUI, contact Attorney Joseph Gersten immediately on 702-857-8777 to discuss the facts of your DUI case.

Nevada DUI Information Center

What are the Penalties for DUI convictions in Nevada?

The penalties for driving under the influence depend on whether there has been a drunk driving conviction within the past seven (7) years. The 7-year period is calculated from the prior arrest date to the current arrest date. A conviction means that a person has pled no contest, guilty or is found guilty at trial. With a conviction comes the following judicial penalties:

First Offense:
- Jail: Forty-eight (48) hours and up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time.
- Fines and Assessments: Minimum $340.00, maximum $1,175.00.
- Suspension of Driving Privileges: A criminal conviction for a 1st offense results in a ninety (90) day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after forty-five (45) days have passed.
- Other Penalties: The Court will always impose the requirement that you attend an eight (8) hour program with a $100.00, fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $40.00, fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three (3) to six (6) months.

More information on First Offense DUI Consequences

Second Offense:
- Jail: Ten (10) days and up to six (6) months imprisonment.
- Fines and Assessments: Minimum $675.00, maximum $1,175.00.
- Suspension of Driving Privileges: One (1) year
- Other Penalties: The court may order one-hundred (100) to two-hundred (200) hours community service, assessment program, Treatment program, Breath Interlock Device from six (6) to twelve (12) months, Victim Impact Panel, and a $35.00 civil penalty to the Department of Motor Vehicles.

More information on DUI Second Offense Consequences

Third or Subsequent Offense:
- Conviction of three or more offenses within seven (7) years of the date of the first arrest is a felony.
- Jail: One (1) year and up to six (6) years in State Prison.
- Fines and Assessments: Minimum $2,085.00, Maximum $5,085.00.
- Suspension of Driving Privileges: Three (3) years
- Other Penalties: Breath Interlock Device from twelve (12) to thirty-six (36) months from release from prison, Victim Impact Panel, $35.00 civil penalties to the Department of Motor Vehicles.

More information on DUI Third Offense Consequences

What is the Nevada Per Se Law?

Nevada’s Per Se Law states that it is illegal to have a Blood Alcohol Content (BAC) above .08% no matter what the person’s actual level of impairment.

In Las Vegas, DUI cases can be brought against a person who appears sober, but the person’s actual BAC is above the legal limit of .08%. Driving Under the Influence is operating a motor vehicle while under the influence of alcohol and or drugs to a degree that renders one unable to safely drive a vehicle. Most people think that driving under the influence is only for alcohol. However, being under the influence of other drugs can also result in a DUI arrest or conviction:

Controlled substances
Drugs such as prescription medication
Marijuana
Illegal Drugs like cocaine, meth or inhalants

Talk to an experienced Las Vegas attorney to find out more information about the Nevada Per Se Law.

What is Nevada’s Implied Consent Law?

When issued a Nevada Driver’s License, you are indicating that you understand all the traffic laws and you agree to follow the traffic and safety laws while driving. Even with an out of state driver’s license, if you drive in the state of Nevada you fall under the implied consent law. In cases of alleged DUI, you agree to submit to a chemical test if you are suspected of driving under the influence of alcohol or drugs.

Under the implied consent law, there is no right to refuse to provide a breath or blood sample if you arrested for driving under the influence. Basically, the police may use force to draw blood to obtain evidence to use against you in a drunk driving case.

When a person is stopped for an alleged 1st DUI, the police are required to give the driver the option of taking a breath test or a blood test. If the driver refuses, the officer will make the choice for you. There is no option to choose the test if suspected of a 2nd or more DUIs.

It is highly suggested that you contact Joseph Gersten if you are faced with DUI charges. He is capable of challenging the validity of the tests, obtaining a dismissal of the charges, fighting the charges in court, or getting the charges reduced or changed from a DUI. Every case is unique so it is important to talk to Joseph Gersten about the best course of action to take in order to put an allegation of DUI behind you.

What About Blood Alcohol Testing?

Once in custody and charged with a DUI, it is mandatory that you take either a blood test or a breath test to determine your blood alcohol level. You should consult an attorney to find out which test is better to take based on legal strategy.

By taking the Blood Test, the charges and your license revocation/suspension will be on hold until the results come back in roughly 3-6 months. If the BAC is .08 or higher, you will be mailed a notice of license suspension and the criminal DUI case will move forward. It is important to contact an attorney as soon as you get charged with a DUI to protect your rights.

If you take a breath test and the result is .08 or higher, your license will be suspended in 7 days.

Nevada Administrative License Suspension Hearings with the DMV

While a criminal trial for DUI determines guilt or innocence of a drunk driving offense, the DMV administrative hearings are only concernd with the suspension or revocation of your Nevada drivers license. A DMV hearing costs nothing; Your lawyer needs only to fill out the form requesting the DMV hearing.

DMV hearings can be confusing. Thus, it is best to let a Nevada DUI attorney handle your DMV administrative hearing. While, the DMV hearing is optional, be aware, in some instances you only have seven (7) days to request the DMV hearing if you want to challenge the suspension or revocation of your license.

As soon as you are arrested, for a DUI or for any other traffic offense, you should retain an attorney right away to preserve your right to a hearing. There are two (2) benefits to going through with a DMV Hearing:

Your lawyer has the chance opportunity to cross-examine the arresting officers on the record. This could help in your DUI criminal trial because your attorney has an official record to use as leverage in the criminal trial.
An experienced DUI defense attorney can identify significant legal problems and get your license reinstated.

A DMV hearing is similar to a bench trial. That is when a lawyer presents the case directly to a judge instead of a jury. And the judge makes the final decision. DMV hearings are held in a small room with an administrative law judge overseeing the proceedings.

These hearings are open to the public, and the entire process will be audio recorded. During the course of the hearing witnesses will be placed under oath. Your attorney may present physical evidence, case law evidence, and cross examine witnesses. At the end, the judge can issue a ruling immediately or wait thirty (30) days to make an official ruling.

More information on Administrative License Suspension Hearings | Nevada DMV

What are the Driving While License is Suspended Penalties?

If you are caught driving with a suspended or revoked license you will incur these penalties :

Jail: Thirty (30) days in jail, minimum.
Fines and Assessments: $1,000 fine.
Suspension of Driving Privileges: Loss of driver’s license for an additional year without the opportunity to have a restricted license for driving to and from work.

It is imperative to seek advice from a Nevada DUI lawyer to try and avoid these penalties and get your driver’s license reinstated. Or at least mitigate the possible consequences from driving with a suspended license.

What About DUI Accidents that Result in Death or Serious Bodily Harm?

If you convicted of a drunk driving offense where an accident results in the death or substantial bodily harm of another person, it is a felony conviction, even if it is your first offense. The penalties can include:

Jail: Two (2) years and up to a maximum twenty (20) years in prison.
Fines and Assessments: Minimum $2,000, Maximum $5,000.

Obviously, it is vital to contact an experienced Las Vegas DUI attorney to help you defend yourself against these charges. Most of these accidents are unintentional, and you shouldn't be severely punished for making a mistake. Call Attorney Joseph Gersten to find out how he can help you with your case.

Resources

Nevada Department of Motor Vehicles - DMV

The Nevada DMV issues driver’s licenses, license plates and vehicle registration for the state of Nevada.

8250 W. Flamingo Road
Las Vegas, NV 89147-4111
(702) 486-4368

2701 E. Sahara Avenue
Las Vegas, NV 89104-4170

(702) 486-4368

7170 N. Decatur Blvd.
Las Vegas, NV 89131-2798
(702) 486-4368

Nevada Mothers Against Drunk Driving - MADD

MADD is the nation’s largest nonprofit organization working to protect families from drunk driving and underage drinking.

Alcoholics Anonymous – AA

AA is a national association for overcoming alcoholism and alcohol abuse.

1431 E Charleston Blvd #15
Las Vegas, Nevada 89104-1734
(702) 598-1888

Nevada Highway Patrol - NHP

NHP patrols highways and freeways across the state.

4615 West Sunset Road
Las Vegas, NV 89118
(702) 486-4100

Finding the Best Las Vegas Nevada DUI Defense Attorney

If you or someone you know is currently facing DUI or BUI charges in Las Vegas, contact the Law Office of Joseph Gersten on (702) 857-8777 for a free case evaluation. Joe Gersten is an experienced criminal defense attorney in Las Vegas who is dedicated to protecting your rights and defending clients against DUI charges.

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