Las Vegas DUI Lawyer

Las Vegas DUI Lawyer Josh Tomsheck – Dedicated to winning your DUI case and protecting your future – Serious Results for Serious DUI Charges

Facing a DUI charge in Las Vegas can be overwhelming, but with the right legal representation, you have a real chance to beat the charges or minimize the consequences. Josh Tomsheck, award winning Las Vegas DUI lawyer, is nationally recognized as a board-certified criminal defense attorney, author and Trial skills instructor who specializes in defending DUI cases. With extensive experience handling DUI cases in the state of Nevada, Josh Tomsheck understands the complexities of Nevada DUI laws and has built a reputation for achieving favorable outcomes for his clients, who include other lawyers and members of law enforcement as well as doctors, professional license holders, CEO’s of publicly traded corporations, professional athletes and entertainers – – and people from all walks of life. His office, located just blocks from the Regional Justice Center in downtown Las Vegas, provides easy access to the Las Vegas Justice Court, District Court, Las Vegas Municipal Court, and Federal Court for the District of Nevada.

Can You Get a DUI Dismissed in Nevada?

One of the first questions most people ask is: Can my Nevada DUI be dismissed? The answer is … it depends. To be more precise it depends on the specifics of your individual case. Every case is different and although DUI cases may seem straightforward, many factors can affect the strength of the prosecution’s evidence. Josh Tomsheck is a former prosecutor who has successfully secured hundreds of dismissals for clients by uncovering errors in police procedures, flaws in forensic breath and blood tests, constitutional and statutory violations and other legal defenses that may apply to your case. Even when a dismissal is not possible, Josh knows how to get the best resolution possible and often negotiates a reduction of charges, frequently achieving a plea to a reduced fictional charge that doesn’t carry the mandatory sentencing a DUI charge does, such as reckless driving or careless driving.

Why Choose Josh Tomsheck for Your Las Vegas DUI Defense?

Josh Tomsheck’s background as a former Chief Deputy District Attorney provides him with unique insight into the prosecution’s strategies and weaknesses in DUI cases. His experience includes:

• Handling thousands of DUI cases from arrest to conclusion or trial.
• Successfully achieving not guilty verdicts, case dismissals, reversals on appeal and significant charge reductions.
• Protecting his clients’ driving privileges and preventing DUI convictions from showing up on background checks.

What Are the Penalties for a First-Time DUI in Nevada?

A first-time DUI in Nevada is typically classified as a misdemeanor. However, the penalties can be severe and life-altering if not properly defended. For a first offense DUI, the penalties usually include:

1. Fines: Ranging from $400 to $1,000, plus court costs.
2. DUI School: You must complete an 8-hour DUI education program, which can often be done online.
3. Victim Impact Panel: Attendance at a program like Mothers Against Drunk Driving (MADD) is mandatory.
4. Community Service or Jail Time: A judge may order 2 days to 6 months in jail, though it’s common to serve 48-96 hours of community service in lieu of jail time.
5. Driver’s License Suspension: A 185-day license revocation is standard, but you may be eligible for a restricted license with a breath interlock device.
6. High BAC Consequences: If your BAC is 0.18% or higher, you will also face an alcohol dependency evaluation, mandatory rehabilitation, and the installation of an ignition interlock device (IID) for 1 to 3 years. You will be responsible for installation and monitoring fees.

These penalties can be mitigated or avoided with the best defense, and Josh Tomsheck is adept at finding legal strategies to minimize your exposure to harsh consequences.

What Happens for a Second DUI in Nevada?

A second DUI offense within a 7-year period remains a misdemeanor but carries harsher penalties, including:

1. Fines: Ranging from $750 to $1,000, in addition to court costs.
2. DUI School: A 12-hour DUI program is mandatory.
3. Jail or House Arrest: You will serve a minimum of 10 days in jail or house arrest.
4. Victim Impact Panel: Attendance is required.
5. License Revocation: Your driver’s license will be revoked for 1 year.
6. Ignition Interlock Device: If your BAC is 0.18% or higher, you will be required to install an IID for 1 to 3 years.

It’s possible to avoid jail time by completing Justice Court DUI Court, sometimes referred to as the “Moderate Offenders Program or MOP,” a comprehensive rehabilitation program. Josh Tomsheck has successfully helped clients navigate the Justice Court DUI Court program, which can keep you out of jail and potentially avoid a long-term impact on your record.

Penalties for a Third DUI in Nevada: When DUI Becomes a Felony

A third DUI within seven years is classified as a category B felony in Nevada. The penalties for a third offense are much more severe:

1. Prison Sentence: 1 to 6 years in Nevada State Prison. This is a mandatory sentence if imposed, meaning a person cannot receive probation for a DUI 3rd offense felony if convicted.
2. Fines: Ranging from $2,000 to $5,000, plus court costs.
3. Ignition Interlock Device: Required for 1 to 3 years, with all costs paid by the defendant.
4. License Revocation: Your license will be revoked for 3 years.

In some cases, Josh Tomsheck can help you avoid prison by getting you into Felony DUI Court, an extensive rehabilitation program that can reduce the severity of your penalties.

When Does DUI Become a Felony in Nevada?

Under Nevada law, DUI becomes a felony in four specific instances:

1. Third (or subsequent) DUI within 7 Years: If convicted as a 3rd offense felony, Nevada treats it as a category B felony, with a 1 to 6-year prison sentence that is non-probationable.
2. DUI Following a Felony DUI Conviction: Nevada law has a “once a felon always a felon” statutory provision, meaning that once you have a felony DUI conviction, any subsequent DUI conviction is a Felony, with a very harsh 2 to 15 year mandatory prison sentence.
3. DUI Causing Injury or Death: Any DUI which includes an accident resulting in a substantial bodily harm (as defined by NRS 0.060) or death, is a very serious category B felony, punishable by 2 to 20 years in prison. As with other Felony DUI’s in Nevada, this is a mandatory time conviction, meaning you cannot get probation.
4. Vehicular Homicide: If a DUI results in death and you have a prior DUI conviction, you could face life in prison or a 25-year sentence, with the possibility of parole after 10 years.

If you are facing a felony DUI charge, you need an experienced felony DUI attorney. Josh Tomsheck has successfully defended clients in some of the most complex felony DUI cases, often reducing charges and penalties to avoid all jail or prison time and in many cases, avoiding conviction altogether.

Do I Have to Appear in Court for My DUI Case?

For most misdemeanor DUI cases (first or second offense DUIs) in Nevada, Josh Tomsheck can appear on your behalf, meaning you won’t need to be in court unless the case goes to trial. In felony DUI cases, or in cases that go to trial, you will likely be required to appear, at least at some Court dates. Josh Tomsheck ensures that your court appearances are as limited as possible, providing you with peace of mind and allowing him to handle the legal complexities on your behalf.

Can I Avoid a Driver’s License Suspension?

Every DUI arrest in Nevada triggers both a criminal case and a DMV administrative case. To keep your driving privileges, you need to win both. The DMV case is often harder to win than the criminal case because of the lower burden of proof. However, we routinely win DMV hearings on many different grounds. And even if we are unable to prevail in your DMV hearing, we can often use that process to help build a defense in your criminal case, which is certainly the most important portion of the case given the consequences of a criminal conviction and related penalties, including the collateral consequence of a driver’s license revocation for a criminal DUI conviction. Even if you lose the DMV case, Josh Tomsheck can help you secure a restricted driver’s license, allowing you to drive to drive provided certain conditions are met, such as an ignition breath interlock device.

Will a DUI Show Up on a Background Check?

Yes, a DUI conviction in Nevada will show up on your criminal record. Misdemeanor DUI convictions remain on your record for 7 years, after which they can be sealed. Felony DUI convictions, however, remain on your record permanently. This is why having an experienced attorney like Josh Tomsheck fighting to get the charges reduced or dismissed is essential to protecting your future.

Can You Get a DUI Even if You Were Under the Legal Limit?

Yes, Nevada law allows for DUI charges even if your BAC is below 0.08%. If the prosecution can prove that you were driving while impaired—whether from drugs, alcohol, or a combination of both—you can still be convicted of DUI. Similarly, you can be convicted for illegal drug DUI or a prescription drug DUI, regardless of your BAC – even if you were taking the prescription drug per a doctors orders. Josh Tomsheck has successfully defended clients against these charges by casting doubt on the prosecution’s evidence and showing that the impairment did not affect the client’s ability to drive. Likewise, Josh routinely wins DUI cases involving prescription or illicit drug allegations.

How to Fight a DUI Charge in Nevada

Josh Tomsheck employs a variety of legal strategies to fight DUI charges. These include:

• Challenging BAC results: Breath tests and blood tests are not always accurate. Calibration errors, improper testing procedures, or medical conditions like acid reflux or diabetes can cause false positives.
• Challenging the legality of the traffic stop: Police must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If the stop was unlawful, all evidence gathered afterward could be suppressed.
• Attacking field sobriety tests: These tests are notoriously unreliable and can be affected by a range of factors, from poor lighting to uneven surfaces.

By examining every aspect of your arrest and the evidence against you, Josh Tomsheck builds a comprehensive defense designed to protect your rights and minimize your exposure to penalties.

What If My DUI Charge Gets Reduced to Reckless Driving?

If Josh Tomsheck is able to reduce your DUI charge to reckless driving, the consequences will be significantly less severe:

1. Shorter Record-Sealing Period: Reckless driving can be sealed from your record after just 1 year, compared to 7 years for a DUI.
2. No License Revocation: Unlike a DUI conviction, reckless driving does not trigger an automatic license revocation as a collateral consequence of conviction.
3. No Prior DUI Enhancement: If you are arrested for DUI in the future, a prior reckless driving conviction will not be counted as a previous DUI offense, preventing harsher penalties.

Can a DUI Charge Be Dismissed?

Yes, with a skilled attorney like Josh Tomsheck, DUI charges can often be dismissed. Prosecutors must prove several elements to secure a conviction. There are numerous issues which can be raised to show why a case should be dismissed. These include:

• Challenges to reasonable suspicion for a stop or probable cause to arrest
• Attacking errors or mistakes in search warrants
• Defending against allegations of Erratic driving or traffic violations
• Signs of intoxication (such as bloodshot and “watery” eyes, slurred speech or stumbling) can be incorrectly identified or misrepresented
• Failed sobriety tests are often done incorrectly or incompletely
• Breath or blood test results showing a BAC over 0.08% can often be shown to be inaccurate

Each piece of evidence can be challenged. For example, did the police conduct field sobriety tests properly? Were there errors in the breath testing or blood testing process? Josh Tomsheck has the experience to dismantle the prosecution’s case and expose weaknesses in their evidence.

Do I Need to Hire a Lawyer for a DUI?

DUI cases are complex, and Nevada prosecutors are not allowed to dismiss or reduce DUI charges without a legal reason, such as insufficient evidence. Josh Tomsheck’s legal expertise and negotiation skills can make all the difference in your case. He will work tirelessly to weaken the prosecution’s case and explore every option for dismissing or reducing your charges. You definitely should hire the best Las Vegas DUI lawyer possible if you want the best possible result. However, if you cannot afford a lawyer, you will likely be eligible for a public defender or appointed lawyer because of the mandatory minimum sentences for a DUI, including jail time.

Can I Hire Josh Tomsheck Without Coming to His Office?

Absolutely. Josh Tomsheck represents people on DUI charges that reside all over the United States and across the world. As such, being able to meet and discuss your case on the telephone or in writing is crucial. We offer remote consultations via phone or video conference, allowing you to receive expert legal advice without having to visit the office in person. The firm handles all paperwork electronically and can process your case without the need for physical meetings. At Hofland & Tomsheck we keep a digital copy of all records and documents that arrive in a case, and provide the same documents electronically to our clients the same day we receive them. This allows everyone to know and share all information right away. We will also communicate with you immediately after each court appearance about what happened and what will happen next. We take very seriously our customer service for our clients and return all calls and emails in a timely manner.

How Much Does It Cost to Hire a DUI Lawyer?

The cost of hiring a DUI lawyer varies depending on the complexity of your case. At Hofland & Tomsheck, we offer the best DUI defense representation possible and we offer competitive rates which are fully disclosed and clearly communicated. There are no surprises when it comes to your legal fees. While we are certainly not the cheapest law firm in town (you don’t want the cheapest lawyer . . . they are the cheapest for a reason . . . you want the best) we charge fair fees which reflect the level of representation you can expect to receive. We provide Serious Defense for Serious DUI Charges.