DUI

Las Vegas DUI Lawyer

If you are arrested and charged with driving under the influence (DUI) of alcohol or drugs in Las Vegas, you are facing serious penalties, and you should therefore consider hiring a Las Vegas DUI lawyer.   Las Vegas DUI lawyer Paul J. Adras, Esq., and Las Vegas DUI lawyer Steven M. Altig, Esq. have thorough knowledge and experience in DUI law, and can represent you immediately if you have been charged with DUI.  In Las Vegas, if you are convicted of DUI after consuming intoxicating liquor or controlled substances, you are facing severe penalties.  The information below is designed to provide you with a summary of the implications of a conviction for a Las Vegas DUI.

  1. What constitutes DUI in Las Vegas and in Nevada?

In Las Vegas, and in Nevada in general, you can be charged with DUI for willfully and unlawfully driving or being in actual physical control of a motor vehicle on a highway or on premises to which the public has access, while under the influence of intoxicating liquor, and/or controlled substance, and/or prohibited substance, and/or while having a concentration of alcohol of 0.08 or more following a blood test or following a breath test (0.04 or more if you have a commercial driver’s license and you were driving a commercial vehicle), within two hours after driving or being in actual physical control of a motor vehicle, in violation of Nevada Revised Statutes 484.379.  If you are arrested and charged with DUI, you should immediately hire an experienced Las Vegas DUI lawyer immediately.

  1. What are my rights if I am accused of DUI in Las Vegas and in Nevada?

If you are accused of DUI in Las Vegas, you have the following important constitutional rights:

  1. The right to a speedy and public trial;
  2. The right to require the prosecuting agency to prove the charge(s) against you beyond a reasonable doubt;
  3. The right to confront and cross examine (question) all witnesses against you that the prosecuting agency may call as witnesses at the time of trial;
  4. The right to subpoena witnesses to testify and to compel their attendance at the trial;
  5. The right to remain silent and to not be forced or compelled to testify at the trial; and
  6. The right to appeal a conviction after a trial (except on constitutional or jurisdictional grounds).

If you are arrested and charged with DUI, you should immediately consult with a Las Vegas DUI lawyer, who can explain these valuable rights to you in detail.

  1. Should I take my Las Vegas DUI case to trial?

Las Vegas DUI lawyers Paul J. Adras, Esq. and Steven M. Altig, Esq. are experienced trial lawyers.  They have conducted numerous felony jury trials and misdemeanor bench trial in Nevada.  When you hire Adras & Altig, Attorneys at Law, you are making an excellent decision, because each of them have extensive experience in the courtroom as aggressive advocates for their clients.

In order to make the decision to take your case to trial, you need to fully understand the facts of your case, and the legal issues involved.  Mr. Adras and Mr. Altig are with you every step of the way.  You will meet with them personally and they will give you a full explanation of your rights.  They will also explain to you in detail the legal issues involved in your case based upon the factual circumstances surrounding your arrest for DUI.

Once you have the information necessary to make a decision, Mr. Adras and Mr. Altig will explain to you the potential risks involved in proceeding to trial, and they will make recommendations to you.  The final decision is always yours.

  1. What happens if I plead guilty or no contest to DUI?

You should discuss your case with a Las Vegas DUI lawyer before entering a guilty plea or a no contest plea to a DUI.  If you plead guilty to a Las Vegas DUI, you are admitting your guilt.  If you plead no contest to a DUI, you are admitting that the prosecution has sufficient evidence to prove the allegations (which are contained in the criminal complaint) against you.  After a DUI conviction, any prosecuting agency in Nevada can use the evidence of the DUI conviction (and any other prior DUI conviction within the past seven years) to enhance the penalty for any subsequent DUI offense.

Also, if you are not a citizen of the United States at the time of the Las Vegas DUI conviction, you may, in addition to other consequences, be removed, deported or excluded from entry into the United States, or you may be denied naturalization.  A seasoned Las Vegas DUI lawyer can inform you of your valuable rights if you are not a United States citizen and you are charged with DUI in Las Vegas.

Finally, it is critical that you understand that following a guilty plea, a plea of no contest, or a finding of guilt following a trial, the matter of sentencing in a Las Vegas DUI case is entirely within the court’s discretion, regardless of the negotiations between you and the prosecuting agency.  An experienced Las Vegas DUI lawyer can fully explain the court process to you, and can properly prepare you for this phase of your case, should you decide to plead guilty or no contest to DUI.

  1. What are the penalties if I am convicted of a Las Vegas DUI?                                                                First DUI conviction:

A first offense DUI conviction is considered to be a misdemeanor in Nevada.  The following penalties apply: At least two days, but not more than six months in jail, or from at least 48 to 96 hours of community service; Fines ranging from $400.00 to $1,000.00, and additional fees and assessments that are required by Nevada law; Mandatory completion of DUI school, at your expense (for a Las Vegas DUI, this can be completed online); Mandatory attendance at a Victim Impact Panel program (for a Las Vegas DUI, you must attend this program in person at a live session).

If you had a concentration of alcohol of 0.18 or more in your blood or breath, or if you were under the age of 21 when you committed the DUI offense, then the court (before sentencing), will require an alcohol and/or drug dependency evaluation, and you will be assessed a $100.00 fee for the evaluation.

In addition to the above, the court may order you to install a breath interlock device on any vehicle you either own or operate, from at least three to six months (at your expense) if you were found to have had a concentration of alcohol of less than 0.18 in your blood or breath.

The court may order you (for a period of time set out by the court), to install a breath interlock device in any motor vehicle which you own or operate as a condition of reinstatement of your driver’s license, at your expense.  In addition, if you had had a concentration of alcohol of 0.18 or more in your blood or breath, the court must order you to install a breath interlock device on any vehicle you own or operate, for a period of 12 to 36 months.  Further, the Nevada Department of Motor Vehicles (DMV) will revoke or suspend your driver’s license for 90 days, and will impose a $35.00 penalty.

Finally, if you had a concentration of alcohol of 0.18 or more in your blood or breath, you will be required to attend a program of treatment (usually outpatient alcohol or substance abuse counseling) for the abuse of alcohol or drugs, at your expense (and this type of treatment can be quite costly).  An experienced Las Vegas DUI lawyer can fully explain the penalties for a first offense DUI conviction, and can fight to protect your driving privilege.

 Second DUI conviction within seven years

A second offense DUI conviction in Nevada is also considered to be a misdemeanor.  The following penalties apply:  A minimum of from ten days to six months in jail, or in residential confinement (house arrest); A fine of no less than $750.00 and up to $1,000.00, in addition to fees and assessments imposed by the court and that are required by Nevada law, or an equivalent number of hours of community service; Mandatory attendance at the Victim Impact Panel.

Before the court sentences you for a second offense DUI conviction, the court will require you to undergo an alcohol and/or drug dependency evaluation, and you will be assessed a $100.00 fee for the evaluation.  The results of the evaluation are provided to the court and to your Las Vegas DUI lawyer, and you and your lawyer will have the opportunity to speak at the time of sentencing.

Further, if you are convicted of a second offense DUI in Nevada, the Nevada DMV will revoke your driver’s license for a minimum of one year, the Nevada Department of Motor Vehicles (DMV) will impose a $35 civil penalty, and also suspend your registration for at least five days.

If you had a concentration of alcohol of less than 0.18 in your blood or breath, the court can order you to install a breath interlock device in any motor vehicle you own or operate for a period of at least three to six months, at your expense, as a condition for you to obtain a restricted driver’s license or as a condition of reinstating your driver’s license.

If you had a concentration of alcohol of 0.18 or more in your blood or breath, the court will order you to install, at your expense, a breath interlock device for a period of between 12 to 36 months, as a condition to obtain a restricted driver’s license or as a condition of reinstating your driver’s license.

The court will also order you to attend a program of treatment for the abuse of alcohol and/or drugs.

If you are charged with a second offense DUI within seven years in Nevada, you should immediately contact Las Vegas DUI lawyer Paul J. Adras, Esq. or Las Vegas DUI lawyer Steven M. Altig, Esq.  They can explain your rights, and counsel you regarding the steps you must take right away to protect yourself and your driving privilege.

Third DUI conviction within seven years:

If you are convicted of DUI for a third time within seven years, the following penalties apply: Incarcerated in the Nevada State Prison for at least 1 year, but not more than 6 years, and the court cannot place you on probation, meaning that you must serve a minimum of 1 year in prison; A minimum fine of $2,000.00 and a maximum fine of $5,000.00, in addition to fees and assessments required by statute; Required attendance at the victim impact panel.

The Court will also order that a breath interlock device be installed on any vehicle you own or operate, at your expense, for a period twelve to thirty six months from the time you are released from prison.

Further, the Nevada Department of Motor Vehicles (DMV) will revoke or suspend your driver’s license for at least three years, they will impose a $35.00 civil penalty, and suspend my registration for at least five days.

Before sentencing, the Court will require you to be evaluated to determine whether you abuse alcohol and/or drugs and whether you can be successfully treated for that condition.

If you are charged with a third offense DUI within seven years in Nevada, it is imperative that you contact an experienced Las Vegas DUI lawyer.  As seasoned Las Vegas DUI lawyers, we have the experience you need in order to fight for your freedom.  Don’t delay in contacting Las Vegas DUI lawyer Paul J. Adras, Esq. and Las Vegas DUI lawyer Steven M. Altig if you are charged with a third offense DUI in Nevada.  We will counsel you regarding immediate steps you can take to protect your rights, your driving privilege, and your freedom.

If you need a Las Vegas DUI lawyer then call us today.  Paul J. Adras, Esq. is an experienced and aggressive Las Vegas DUI lawyer.  Steven M. Altig, Esq. is also an experienced and aggressive Las Vegas DUI lawyer.  Adras & Altig are Las Vegas DUI lawyers, North Las Vegas DUI lawyers, Henderson DUI lawyers, Boulder City DUI lawyers, Moapa Valley DUI lawyers, Goodsprings DUI lawyers, Searchlight DUI lawyers, Laughlin DUI lawyers, Pahrump DUI lawyers, Tonopah DUI lawyers, and DUI lawyers in many other cities in Southern and Northern Nevada.  If you’ve been charged with any crime then you need to get experienced and aggressive legal representation.  You need to hire Adras & Altig, Attorneys at Law.

 

Copyright 2015 Adras & Altig, Attorneys at Law.  All rights reserved.