In the state of Nevada, the penalties for driving under the influence (Chapter 484C) are as numerous as they are diverse. DUI is one area in which such factors as age, status and number of prior convictions are all about to play a part. If you are facing DUI charges in Nevada, here are some things to consider.
The Blood Alcohol Level
Those who drink and drive under the age of 21 (NRS 484C.350) have a greater chance of facing DUI charges. That’s because for anyone in that age group, a blood alcohol level of only .02 percent is enough to result in conviction whereas with people older than 21, anything under .08 percent is legal. For a commercial driver, however, there is no minimum. The slightest trace of alcohol will be enough. Nevada Penalties for DUI
Nevada considers DUI to be an enhanceable offense and one for which subsequent convictions engender higher charges and harsher penalties. Nevada DUI: The First Offense
The state of Nevada treats a first DUI offense as a misdemeanor. As such, the court can impose one of the following penalties at its discretion:
- A jail sentence of between two days and six months.
- From 24 to 96 hours of community service.
- Six months of probation.
Possible additional penalties include:
- A fine of between $400 and $1,000 plus costs.
- A $100 drug- or alcohol-dependency evaluation for offenders under the age of 21.
- Attendance at a Nevada Victim Impact Panel lecture or alcohol awareness program.
With every uptick in blood alcohol level, these penalties will rise in severity.
Nevada DUI: The Second Offense Within Seven Years
Although a second DUI conviction within seven years still counts as a misdemeanor, the penalties are more severe. They can include:
- Between 10 days’ and six months’ confinement.
- A fine that ranges between $750 and $1,000 or the equivalent in hours of community service.
Nevada DUI: A Third or Subsequent Offense Within Seven Years
A third DUI offense within seven years will raise the charge from a misdemeanor to a felony. The penalties mirror the severity of this level and include:
- A one- to six-year prison term.
- A fine of between $2,000 and $5,000.
DUI Causing Injury or Death
Any DUI-related accident that causes the injury or death of another immediately escalates to a Category B felony. Just below Category A in severity, this category mandates such penalties as:
- Prison terms ranging from as few as two to as many as 20 years.
- Fines of between $2,000 and $5,000.
If the drunk driver who has caused someone’s death already has four or more prior DUI convictions, he is automatically charged with Category A Vehicular Homicide and could, if found guilty, receive a mandatory prison sentence of 25 years to life with no possibility of parole for at least 10 years.
Anyone convicted of DUI with a blood alcohol content of .18 or higher will necessarily face additional punishments. These can include suspension or revocation of the driver’s license, mandated counseling, house arrest and random drug or alcohol testing. The courts may also command the installation of an ignition interlock device that must remain in place on the vehicle for 12 to 36 months.
Your Nevada DUI Defense
Regardless of the severity of your infraction, you do have protections under the law. The experienced DUI attorneys at Weiner Law Group will thoroughly investigate their applicability to your particular case. Our years of experience in fighting DUI charges often enable us to either get them significantly reduced or have them completely dismissed.
Remember that any reduction of the indictment against you will enable an earlier sealing of the conviction from your criminal record. Most felony convictions can remain accessible by the public for as many as 15 years, but for a gross misdemeanor, sealing can occur after no more than seven, and in the case of a simple misdemeanor, this can take place after only two or even fewer.
If you are charged with a DUI, don’t hesitate. Call 702-202-0500 immediately and let the experts at Weiner Law Group demonstrate what we can do to help.