If you have been arrested for the first time for driving under the influence of alcohol or drugs, you are likely wondering about the penalties. Unfortunately, even a first-time DUI arrest can have significant consequences in your life. It is crucial to understand what to expect so you can grasp the potential repercussions and legal options. Contact The Law Offices of Martin Hart immediately if you have been charged with first-offense DUI in Las Vegas.

Understanding First Offense DUI Under Nevada Laws

Under Nevada Revised Statutes (NRS) 484C.400, operating a vehicle while under the influence of drugs or alcohol or with a blood alcohol content (BAC) of 0.08 percent or above is illegal. A person is considered "under the influence" when significantly impaired by alcoholic beverages, illegal drugs, or a combination of both.

Some drivers face stringent BAC limits. Commercial drivers with a blood alcohol concentration of 0.04% or higher may be arrested for DUI. Furthermore, Nevada imposes "zero-tolerance" laws that make it illegal for underage drivers (those under 21) to operate a vehicle with a BAC of 0.01% or above.

In Nevada, being taken into custody for a first-time DUI may occur when you are pulled over for a traffic violation, during DUI checkpoints, or shortly after becoming involved in an automobile accident. The following are some probable causes that traffic police could use to stop you:

  • Speeding
  • Swerving
  • Failure to yield the right of way

After being taken into custody, law enforcement will ask you to complete a series of field sobriety tests (FSTs) tests. These exams include, among other things, standing on one leg. However, the FSTs are optional. Individuals who choose not to complete the tests face no legal repercussions. After the assessment, the officer might ask you to breathe into a breathalyzer to measure the amount of alcohol in your system.

If the Blood Alcohol Content reading on the device is 0.08 percent, police will arrest and take you into custody, where they will perform an additional blood test. The most reliable evidence in a DUI case is blood alcohol content. Declining to submit to chemical tests may result in legal consequences. If convicted, you may face additional punishments and a mandatory license suspension.

After completing the BAC test, you will be booked and held in police custody. The booking procedure involves collecting all your personal information. However, if it is your first DUI offense, you could be released after completing the booking procedure.

Penalties For a Nevada First Offense DUI

A first-time offense DUI carries severe penalties. These repercussions can be categorized below as administrative or criminal sanctions.

     1. Administrative License Consequences for the First Nevada DUI

"Administrative consequences" are those levied by Nevada's Department of Motor Vehicles. If the breath test you took after being arrested shows a BAC of 0.08% or higher, or drugs in your bloodstream without a doctor's prescription, or if you refuse these tests, you will lose your driving privileges.

Nevada License Suspension After a First Refusal Or Failure of a BAC Test

The administrative consequences for the first-time DUI are:

  • Per se drugs and alcohol DUI. Motorists with blood or breath tests showing a BAC of 0.08% or less will have their driver's licenses suspended for 90 days.
  • Refusals to take chemical tests. Drivers who refuse to submit to chemical testing violating the State's implied consent regulations will have their driving licenses revoked for one year. Those who refuse more than once within seven years will have their administrative license revoked for three years. Furthermore, prosecutors may use your refusal to take a test as evidence of guilt during sentencing.

Appealing an Administrative License Suspension from the Nevada DMV

To contest a license revocation for any of the reasons listed above, you must submit a written request for an administrative hearing to the Nevada Department of Motor Vehicles. One advantage of seeking a hearing is that the Nevada DMV could provide you with an interim driver's license, allowing you to move around while your case is being reviewed.

A temporary driver's license does not require you to have an ignition interlock device (IID) to drive. An individual forfeits their right to contest an administrative suspension if they do not submit an official request for an administrative hearing.

License Suspension for First Nevada DUI Conviction

If you are convicted of DUI in criminal court, the DMV will suspend your driver's license for 185 more days.

     2. Criminal Penalties for a First-Time DUI Conviction in Nevada

"Criminal consequences" are punishments a court imposes if an individual is found guilty of DUI. Below are the possible penalties for a first-time DUI conviction.

Penalties for a Nevada Standard First DUI

For a first offense, a motorist faces a mandatory minimum of two days to six months in prison or a maximum of ninety-six hours of community service. During community service, the offender must wear identifying clothing.

Possible fines also range from $400 to $1,000. Drivers who have been convicted must pay and complete an alcohol and drug abuse education program. They must also install an ignition interlock device (IID) on their vehicle for 185 days before having their license reinstated.

Penalties for a First Offense DUI with a BAC of .18% or More

Further penalties may be imposed on drivers whose blood alcohol content (BAC) was .18% or above when the DUI occurred, in addition to the usual penalties:

  • A $100 substance abuse and alcoholism evaluation via an Assessment Program
  • Install an IID in your cars for one to three years
  • A drug or alcohol abuse rehabilitation program (based on the assessment outcomes)

Penalties For The First Felony DUI

Nevada DUI fines increase with each subsequent conviction. However, any DUI misdemeanor charges from more than seven years ago do not qualify as "priors" under Nevada law. On the other hand, any misdemeanor DUI charges you may have had during the past seven years, regardless of where they were committed (Nevada, another state, or a U.S. territory), will be considered "priors."

Suppose you have a previous felony DUI charge. In this case, your subsequent DUI charge will be classified as a felony, regardless of whether there were any injuries or whether the last felony DUI happened over seven years ago. Drivers charged with DUI causing death or serious injury to someone else face between two and twenty years in prison and fines ranging from two thousand to five thousand dollars.

Legal Defenses for a First-Time DUI Charge

Three DUI legal defenses are particularly effective with prosecution, juries, and judges. These defenses are provided below:

The Law Enforcement Officers Administered Your Field Sobriety Test (FST) Incorrectly

The National Highway Traffic Safety Administration (NHTSA) establishes thorough protocols for police officers to explain, conduct, and grade the following FSTs:

  • The horizontal gaze nystagmus test which involves monitoring a stimulus using your eyes
  • Walk and turn tests
  • Standing on one leg test

Law enforcement personnel often lack proper training from the NHTSA, leading to serious errors when instructing and evaluating your actions. If your attorney could invalidate this case's FST results, the district attorney might not have enough evidence to bring charges.

Your Physical State Led to Incorrect BAC Results

Many medical and physical conditions could cause a breathalyzer to display artificially high BAC readings. Some examples include:

  • GERD
  • Heartburn
  • Acid reflux
  • Diabetes
  • Mouth alcohol
  • A low-carb diet
  • Hypoglycemia
  • Dentures and other orthodontic equipment
  • Auto-brewery Syndrome

In these cases, we gather your medical information and obtain expert medical evidence to explain how your illness could inflate BAC levels. This could weaken the prosecution's case, making it insufficient to support a conviction.

It Is crucial to consider that breathalyzer equipment might malfunction or be damaged. In all DUI cases, your attorney will investigate when the kit was last serviced, the age of its substances, and if the professional who last maintained it is currently certified. They can sometimes have DUI charges dismissed due to faulty chemical testing equipment.

The Law Enforcement Officers Had No Valid Reason To Stop You

Police must reasonably suspect you have violated the law before pulling you over. Then, to detain you, they must have probable cause that you broke the law.

We discovered that in most instances, law enforcement officers simply "go through the steps" and arrest motorists who passed the FSTs and showed no signs of impairment. Your defense attorney relies on the officers' dashcam or bodycam footage to reveal how they disregarded protocol and misinterpreted the warning signs.

Once the district attorney believes your attorney has a compelling case that law enforcement conducted an unlawful arrest, they could be inclined to dismiss the case.

Can A First-Time DUI Be Dropped?

Nevada law prevents prosecutors from granting charge reductions or dismissals in a drunk driving case unless guilty convictions are unattainable. Your attorney’s job is to persuade the prosecution that their proof is insufficient and not reliable to support a conviction. In DUI cases, we typically rely on police reports, eyewitness accounts, medical records, video surveillance, and testimony from forensic experts.

Having the DUI Charges Lowered To Reckless Driving

If a district attorney refuses to drop your charges entirely, the second-best option is for the prosecution to lower your DUI conviction to reckless driving. Prosecutors often agree when the evidence suggests you were at fault, but law enforcement committed a procedural error, such as using a faulty breathalyzer device.

The societal stigma associated with a conviction for reckless driving is lower than that for driving under the influence of alcohol or drugs. It also makes it less likely that potential employers will reject your job applications.

Keep in mind that the Moderate Offenders Program, also known as Misdemeanor DUI Court, could be an option for you, particularly if you struggle with substance abuse or alcoholism. If you complete treatment, the court can reduce the DUI to a reckless driving charge.

DUI Court typically lasts one year and can cost several thousand dollars. You must comply with numerous restrictions, including counseling, court monitoring, availability for drug and alcohol testing, and wearing a Secure Continuous Remote Alcohol Monitor (SCRAM) bracelet.

Can a First-Time DUI In Nevada Result In The Suspension Or Revocation Of My Driving License?

First-time DUIs in Nevada result in a 185-day driving permit revocation. During this revocation period, you may apply to the Department of Motor Vehicles to continue operating a vehicle with an ignition interlock device installed.

A hearing at the Department of Motor Vehicles (DMV) allows you to challenge the revocation of your license. This hearing serves as an administrative case, unlike your criminal trial. You have just seven days from the date of your detention to submit a petition for this hearing unless you agree to a blood test. In that case, the timer starts ticking several weeks after the DMV notifies you that the test results indicate a positive DUI.

DMV proceedings are harder to win than criminal proceedings. Unlike criminal prosecutions, which require a high standard of proof, the DMV only needs to establish "some proof" that you were driving while impaired to revoke your driver's license.

Keep in mind that a criminal conviction for DUI will still result in your license being revoked by the DMV, regardless of the outcome of your DMV hearing. To retain your driver's license, you must succeed in both your criminal case and the DMV hearing.

Nevada DUI Treatment Programs For First-Time Offenders

Before sentencing, a first-time offender convicted of DUI may apply to the court for participation in a rehabilitation program. If approved, the court will postpone sentencing for up to three years, allowing the driver to complete the program. Fortunately, these motorists can reinstate their licenses in half the usual time. To qualify for rehabilitation, motorists must:

  • Have a medical or licensed counselor or physician diagnose them as an alcoholic or drug addict
  • Complete 24 hours of performing community service or spend no less than a single day in jail
  • Accept financial responsibility for medical care

After the driver completes treatment, the court will reduce their punishment to one day in custody or twenty-four hours of community service, plus a $400 fine.

Find a DUI Defense Attorney Near Me

If you have been charged with a first-time DUI, retain the services of an experienced DUI attorney. They can build a solid defense to help reduce the repercussions of your DUI charge or potentially have your case dismissed. If you or a loved one has been arrested for a first-time DUI in Las Vegas, contact The Law Offices of Martin Hart. Our team of DUI defense attorneys will analyze the specifics of your case and investigate all available defenses. For legal assistance, call 702-380-4278 today.