First Time DUI – NRS 484C.110

Overview

A first-time DUI (Driving Under the Influence) offense is a significant legal issue under Nevada Revised Statute (NRS) 484C.110. This statute addresses the operation of a vehicle while impaired by alcohol or drugs, including prescription medications. Understanding the implications of this law is crucial for drivers, especially those facing their first DUI charge.

Definition of First Time DUI

Under NRS 484C.110, a first-time DUI refers to the unlawful operation of a motor vehicle while impaired by alcohol or drugs. Key components of the law include:

1. Blood Alcohol Concentration (BAC): In Nevada, a driver is considered legally impaired if their BAC is 0.08% or higher. For commercial drivers, the limit is lower at 0.04%. For drivers under 21, Nevada has a zero-tolerance policy, meaning any detectable amount of alcohol can lead to a DUI charge.
2. Impairment by Drugs: The statute also applies to individuals operating a vehicle under the influence of illegal substances or prescription medications that impair their ability to drive safely.
3. First-Time Offender: This designation typically applies to individuals who have not previously been convicted of a DUI in Nevada or any other jurisdiction.

Legal Requirements for Prosecution

To secure a conviction for a first-time DUI under NRS 484C.110, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The prosecution must establish that the accused was operating a motor vehicle on a public road or highway.
2. Impairment Due to Alcohol or Drugs: The prosecution must demonstrate that the individual was under the influence of alcohol, drugs, or a combination of both at the time of the incident. This can be established through field sobriety tests, breathalyzer results, or blood tests.
3. Knowledge of Impairment: While ignorance of impairment is not typically a valid defense, it is essential to understand that the prosecution must prove that the individual was impaired at the time of driving.

Related Offenses

First-time DUI is related to several other offenses, including:

• Driving Under the Influence of a Controlled Substance – NRS 484C.110: Covers impairment due to illegal drugs or prescription medications.
• Open Container Violation – NRS 484.406: Involves having an open container of alcohol in a vehicle, which can be charged alongside DUI.
• Reckless Driving – NRS 484B.653: Involves dangerous driving behavior that may also lead to DUI charges.

Examples of First Time DUI Offenses

To illustrate how NRS 484C.110 is applied, consider these examples:

• Example 1: A driver is pulled over for swerving between lanes. Upon stopping, the officer administers a breathalyzer test, revealing a BAC of 0.09%. The driver can be charged with a first-time DUI.
• Example 2: An individual takes prescription medication that impairs their ability to drive and is involved in a minor accident. A field sobriety test indicates impairment, leading to DUI charges.

Penalties for First Time DUI

The penalties for a first-time DUI under NRS 484C.110 can be significant:

• Misdemeanor: A first DUI offense is generally charged as a misdemeanor, which can result in:
  • Fines: $400 to $1,000.
  • Jail Time: Up to 6 months, though many first-time offenders may qualify for probation.
  • License Suspension: 90 days to 1 year, depending on circumstances.
• Additional Penalties: First-time offenders may also be required to complete DUI education programs, install an ignition interlock device, or perform community service.

Defenses Against First Time DUI Charges

If you are facing a first-time DUI charge under NRS 484C.110, several defenses may apply:

1. Improper Stop: If law enforcement did not have probable cause to stop the vehicle, any evidence obtained may be inadmissible in court.
2. Faulty Testing: Challenges to the accuracy of breathalyzer or blood tests can be raised if there were issues with the equipment or the testing process.
3. Medical Conditions: Certain medical conditions or interactions with medications can affect how individuals respond to alcohol or drugs, potentially leading to a valid defense.
4. Lack of Impairment: If the individual can demonstrate that they were not impaired at the time of driving, even with a BAC over the legal limit, this can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of first-time DUI charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI cases equips him to provide a robust defense against charges under NRS 484C.110.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in DUI cases.

Understanding Your Rights

If you are accused of a first-time DUI, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against first-time DUI charges under NRS 484C.110 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.