Driving under the influence in any state can lead to severe consequences, but a DUI in Nevada can come even if you aren’t driving. If you were driving and were convicted of a DUI in Nevada, can you get the charges dropped? Are they on your record forever? These questions should be brought to your legal team, but the short answer is yes. By working with an experienced legal team, you may be able to reduce the charges.
Unfortunately, you will still have a criminal record if the charges are only reduced instead of dropped. The goal is for your record to be viewed with less scrutiny compared to a DUI conviction. Understanding the full scope of potential consequences is vital when it comes to DUIs in Nevada. Any lack of understanding, especially without seeking experienced legal counsel, can have far-reaching repercussions on your life.
The Harsh Reality of DUI Charges in Nevada
DUIs in Nevada come with heavy fines, consequences, and a lot of nuance. A DUI is automatically a misdemeanor in Nevada and can increase in severity depending on the circumstances of the driver. Things like their criminal history, any minors present in the car, or injuries are taken into consideration when being charged with a DUI.
While these laws primarily speak to the driver’s behavior, passengers can also face DUI charges under certain circumstances. While the idea that passengers can face a DUI charge seems unrealistic, it can happen. In the state of Nevada, a DUI is based on “physical control” over the vehicle, whether that vehicle is moving or not doesn’t matter.
Potential Consequences
While a DUI can lead to severe consequences, the penalties that come with the conviction depend on the offense.
- First offense: up to 6 months in jail, up to $1000 fines, 8 hours of DUI classes, 6 month license revocation and victim impact class.
- Second offense: up to 4 years in jail, up to $1000 fines, Additional drug programs, License suspension after revocation, potential interlock device.
- Third offense: within seven years of the first offense, is now a Category B Felony with extensive prison time, heavy fines, drug and victim programs, interlock devices, and potentially a revoked license.
DUI laws in Nevada are complicated and severe. It’s crucial to seek legal guidance to help you and your family navigate this process. With extensive experience in DUI cases, the right legal team can help you find the most favorable outcome to preserve and protect your rights.
When Can a DUI Charge Be Dropped in Nevada?
Hiring an experienced attorney is imperative when trying to have your charge dropped or reduced. Your attorney will be able to investigate the case, provide evidence, and negotiate with the prosecution.
The only way to have a DUI charge that you are facing dropped is to prove beyond a reasonable doubt that you weren’t in control of the vehicle during the traffic stop or if you were sober and had no evidence of drugs or alcohol in your BAC.
It’s not common to have the charges dropped, but with the right legal team, it’s possible for the charge to be reduced.
Getting Your Nevada DUI Charge Reduced
Getting your charge reduced instead of dropped is still very difficult. Nevada laws only allow charges to be reduced if there’s no probable cause or enough evidence to prove the DUI at trial. Your defense attorney’s job is to convince the prosecutor that they can’t win the case, and that can only happen if you have an attorney with proven success.
If you are able to get your charge reduced to reckless driving, you will get:
- Cleaner criminal record
- Lesser penalties on future DUIs
- Earlier record sealing opportunities
- No mandatory license revocation
Even if your DUI charge is reduced to reckless driving, you can still face the consequences of standard DUI penalties. Drinking and driving is a gamble that you can’t win.
The Power of a Skilled Las Vegas DUI Attorney | Garrett T. Ogata
Facing DUI charges can be overwhelming, but you don't have to go through it alone. Our online DUI Questionnaire simplifies the initial process, making it easy to get started on your case.
At Garrett T. Ogata, we're dedicated to securing the best possible outcome for your situation. With our experience and expertise, we'll fight tirelessly to protect your rights and minimize the potential consequences of a DUI conviction. Contact us online or by calling (702) 366-0891 today for a free consultation and let us help you navigate this challenging time.
