Las Vegas DUI Charges: An Overview

What you need to know about DUI charges and their defense in Las Vegas

Driving under the influence (DUI) in Las Vegas is a serious offense, and Nevada has some of the strictest DUI laws in the country. Whether you’re a local resident or a tourist, being charged with a DUI can have significant legal and personal consequences, including fines, jail time, and the loss of your driver’s license. Understanding what constitutes a DUI, the potential penalties, and how to defend against these charges is crucial to protecting your rights. Josh Tomsheck, an experienced DUI defense attorney at Hofland & Tomsheck, has extensive experience in handling DUI cases in Nevada. His comprehensive understanding of DUI laws allows him to provide exceptional legal representation for individuals facing these serious charges.

What Constitutes a DUI in Las Vegas?

A DUI charge in Nevada applies when a person operates a motor vehicle while impaired by alcohol, drugs (legal or illegal), or a combination of both. Nevada DUI laws are governed by specific blood alcohol concentration (BAC) limits, and exceeding these limits can result in an automatic DUI charge. The legal limits are as follows:

• 0.08% or higher for drivers 21 years of age and older.
• 0.04% or higher for commercial drivers.
• 0.02% or higher for drivers under the age of 21.

In addition to alcohol, you can also be charged with DUI for driving under the influence of controlled substances. Nevada has a zero-tolerance policy for certain drugs, including marijuana, cocaine, methamphetamine, and other illegal substances. Many people in Las Vegas use legal marijuana pursuant to the letter of Nevada State law. However, you can still get a DUI for being under the influence of marijuana, even if you don’t feel like you are impaired. Even prescription medications can lead to a DUI if they impair your ability to drive safely.

DUI Penalties in Las Vegas

The penalties for a DUI conviction in Nevada depend on whether it is your first, second, or third offense and whether there were any aggravating factors, such as causing an accident, injury, or death. Penalties become progressively more severe with each subsequent offense.

First-Time DUI Offense

A first DUI offense in Las Vegas is generally classified as a misdemeanor, but the penalties can still be harsh. For a first-time conviction, you could face:

• Fines ranging from $400 to $1,000, plus court costs.
• Jail time of 2 days to 6 months, or community service instead of jail.
• DUI school: An 8-hour DUI education course, which can often be completed online.
• Victim Impact Panel: Attendance at a panel like Mothers Against Drunk Driving (MADD) is mandatory.
• License suspension: A 185-day license revocation, though you may be eligible for a restricted license with an breath ignition interlock device (BIID) installed in your vehicle.
• High BAC penalties: If your BAC is 0.18% or higher, you may face additional penalties such as an alcohol dependency evaluation, rehabilitation, and mandatory installation of an IID for 1 to 3 years.

Second DUI Offense

If you are charged with a second DUI offense within seven years of your first conviction, the penalties become more severe:

• Fines ranging from $750 to $1,000 plus court fees.
• Jail time or house arrest of 10 days to 6 months.
• 12-hour DUI school and mandatory Victim Impact Panel attendance.
• License revocation for 1 year.
• BIID installation for 1 to 3 years if your BAC is 0.18% or higher.

Third DUI Offense (Felony)

A third DUI offense within seven years is automatically classified as a category B felony. The penalties for a felony DUI in Las Vegas are substantial and include:

• 1 to 6 years in Nevada State Prison.
• Fines ranging from $2,000 to $5,000.
• License revocation for 3 years.
• Mandatory BIID installation for 1 to 3 years.

Felony DUI charges can have life-altering consequences, so it’s essential to have an experienced attorney like Josh Tomsheck representing you in these cases.

DUI Involving Injury or Death

If a DUI results in serious injury or death, the charge escalates to a category B felony under Nevada law. The penalties include:

• 2 to 20 years in Nevada State Prison.
• Fines up to $5,000.
• License revocation for 3 years or more.

In cases of vehicular homicide, which applies if you have prior DUI convictions and someone is killed as a result of a DUI, the penalties are even more severe, including life in prison or 25 years in prison with the possibility of parole after 10 years.

Las Vegas DUI Court Process

Understanding the court process for DUI charges can help alleviate some of the stress and uncertainty that comes with facing these charges. Here is a brief overview of what to expect:

Arrest and Booking

If you are arrested for DUI in Las Vegas, you will be taken into custody and booked. Your vehicle may be impounded, and you will likely be released on bail with a future court date scheduled.

Arraignment

At your arraignment, the charges against you will be formally read, and you will enter a plea: guilty, not guilty, or no contest. It’s crucial to have a knowledgeable attorney like Josh Tomsheck present at this stage to advise you on the best course of action.

Pretrial Motions and Negotiations

In many cases, Josh Tomsheck can file pretrial motions to suppress evidence, such as Breath or blood test results, if there were procedural errors during your arrest. Negotiations with the prosecutor may also lead to reduced charges, such as a plea to reckless driving instead of DUI.

Trial

If your case proceeds to trial, Josh Tomsheck will do everything possible to win your case, as well as make sure you are informed and prepared for each step of the process. At Trial, we leave no stone unturned, challenging the prosecution’s evidence and arguing that they have not proven the charges beyond a reasonable doubt. Trials for Misdemeanor DUI cases are typically held in Las Vegas Justice Court or Municipal Court, depending on where the arrest took place. Felony DUI Trials are much more involved and complicated, and have much higher stakes, taking place in the Eighth Judicial District Court in Las Vegas, or in the county where the offense took place.

How a DUI Defense Attorney Can Help

Defending against a DUI charge requires a thorough understanding of Nevada DUI laws, court procedures, and potential defense strategies. Josh Tomsheck has a proven track record of successfully defending clients against DUI charges in Las Vegas, and he can help in several critical ways:

• Challenging the Traffic Stop: If the police did not have a valid reason to stop your vehicle, Josh Tomsheck can argue for the charges to be dismissed.
• Questioning BAC Testing Procedures: Breath and blood tests are not infallible. Josh Tomsheck will investigate whether testing equipment was properly calibrated and whether the test was administered correctly.
• Presenting Alternative Defenses: Medical conditions like acid reflux or diabetes can affect BAC results. Josh Tomsheck will explore any potential alternative explanations for the test results.
• Negotiating Reduced Charges: In many cases, Josh can negotiate with the prosecution to reduce a DUI charge to reckless driving, which carries significantly fewer penalties.

Why Choose Josh Tomsheck for Your Las Vegas DUI Defense?

Josh Tomsheck, a nationally board-certified criminal defense attorney, has extensive experience handling DUI cases in Las Vegas. As a former Chief Deputy District Attorney, he knows how prosecutors build DUI cases and uses this insight to anticipate their strategies and build a strong defense.

With Josh Tomsheck on your side, you can expect:

• Personalized attention: Josh takes the time to understand your unique situation and crafts a defense tailored to your specific case.
• Proven results: From reducing charges to securing dismissals and acquittals, Josh has a track record of achieving favorable outcomes for his clients.
• Artful and aggressive representation: Josh is known for being at the forefront of DUI Defense in Las Vegas. His relentless defense strategies have yielded years of results and he will fight tirelessly to protect your rights.

Conclusion: Protect Your Future with Josh Tomsheck

A DUI charge in Las Vegas can have long-lasting consequences on your personal and professional life. With the right defense attorney, you can protect your future and minimize the impact of these charges. Josh Tomsheck at the Law Firm of Hofland & Tomsheck is committed to providing top-tier DUI defense in Las Vegas.

If you’ve been charged with a DUI, don’t wait. Contact Josh Tomsheck at (702) 895-6760 for a free, confidential consultation and take the first step toward defending your rights.