Our goal, as Las Vegas DUI attorneys, is to get all charges dismissed, an acquittal at trial, or charges reduced to a non-DUI level. This isn’t always possible, but your only real chance of success in a Nevada impaired-driving case is to get an experienced DUI attorney. It is very important for you to familiarize yourself with all the issues that arise in a typical DUI case so you can most effectively participate in building your case and make educated choices. You must communicate to your DUI lawyer all the facts of the case to allow him or her to best defend you.
In the state of Nevada, Driving Under the Influence (DUI) refers to the act of driving a vehicle while intoxicated, due to drugs and/or alcohol, to an extent that makes the driver unable to operate the vehicle in a safe manner. Contrary to what many believe, in Nevada it isn’t necessary to be visibly drunk or impaired to be subject to arrest on DUI charges. A conviction can be obtained if the individual was caught driving with a breath alcohol content (or BAC) or blood alcohol level (or BAL) of .08 or more.
Even if an individual can function normally, they can still be charged with a crime if their blood alcohol level is tested at .08% or higher. This is Nevada’s Per Se law, which states that it’s against the law to drive with a BAC above .08%, regardless of the individual’s impairment level.
An additional consequence of a DUI arrest is that the DMV will be notified and authorized to take appropriate action in regards to your driving privileges. This could result in the suspension of your driver’s license.
Is There A Difference Between DUI & DWI in Nevada?
In some states, a DUI is separate from a DWI. A DUI means Driving Under Influence, and is a lesser offense than a DWI, which is Driving While Intoxicated. However, in Nevada, these offences mean the same thing, so don’t expect to get a lighter sentence if you’re only mildly intoxicated while driving.
First Time Being Arrested for Drunk Driving
Nevada Revised Statutes (NRS) 484C.400 and 484C.110 cover first time DUI offenders. A first offense is a misdemeanor. For the charge to be considered a first offense it must be the only DUI a person has gotten in seven years. The first thing many people worry about is how much the charge will end up costing them.
The statutory fine related to a first DUI penalty cannot be lower than four-hundred dollars, but cannot exceed one-thousand dollars.
Those facing their first penalty must attend a Nevada DUI school. These prices vary. Attending a Nevada Victim Impact Panel is another mandatory penalty. These panels features victims and family members of victims of DUI related accidents.
DUI Second Infraction
A DUI charge carries with it serious consequences. Anyone who is on their second DUI offense knows very well how stiff penalties can be. The Law Offices of Garrett T. Ogata has experience in all DUI laws, and we will provide the best defense possible.
Nevada Revised Statutes (NRS) 484C.400 and 484C.110 cover second DUI offenses. For a second offense to apply it must be the second DUI a person has gotten in a seven year period. This is considered a misdemeanor. There are serious financial implications for a second DUI charge.
Jail time can also be a likely outcome of a second DUI. Depending on the sentence and circumstances a person can be confined for a very long time.
DUI Third Infraction
Anyone who has received a DUI knows that there are harsh consequences related to the charge. A person who has received their third DUI in seven years is in a much worse situation than first and second time offenders. A third DUI is charged as a Category B felony.
Nevada Revised Statutes (NRS) 484C.400 and 484C.110 cover third DUI offenses. If you’re charged with a third DUI offense in a seven year period the financial penalties far exceed the penalties you faced on your second and third charge.
Jail time becomes a serious concern when a third DUI is charged. NRS 484C.340 may be possible to help a person stay out of jail if they are declared an alcoholic or drug addict by a clinician; otherwise penalties are steep.
Felony DUI Charges
A third DUI within a seven year period is charged as a Category B felony. If you have gone through a first and second DUI charge then you know how steep the penalties can be. First and second offense penalties do not come close to preparing a person for the repercussions of a felony DUI. The Law Offices of Garrett T. Ogata works to help alleged DUI offenders get a fair trial with the best possible outcome for their situation.
Felony DUI charges fall under Nevada Revised Statutes (NRS) 484C.400, 484C.430 and 484C.130. If the death of another person is caused by a DUI then the charges and penalties a person receives can increase exponentially. It is absolutely essential to have a good lawyer on your side in these situations.
After a third DUI the stakes are even higher. Any death caused by a person who already has three DUI offenses can be charged as a Category A felony.
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