Las Vegas DUI Lawyer
When you hire Joel Mann as your Las Vegas Defense Lawyer, he is focused on reducing the stress and anguish this arrest has caused you. Joel Mann will go to court as many times as he possibly can without you, to help reduce the disruption the case will cause to you, your family, and your work. Joel Mann will also fight to keep your license by immediately notifying the DMV of your request for an administrative hearing. Within a matter of days this usually provides you with a temporary license so you can get back to daily living.
Have you been arrested for Driving Under The Influence in Nevada? If so, contact our experienced Las Vegas DUI Lawyer today!
Another goal of Joel Mann is to educate you about the legal process. He believes by understanding the process the whole experience becomes a little less stressful for you.
"Driving Under The Influence" means operating a motor vehicle while under the influence of alcohol and/or drugs to a degree that renders one unable to safely drive a vehicle. It is not necessary for one to be drunk to be arrested for or convicted of DUI in Nevada. Driving under the influence convictions can be obtained when a person operates a vehicle while under the influence of alcohol OR operates a vehicle with a blood alcohol level (BAL) or breath alcohol content (BAC) of .08 or greater.
DUI cases can be brought against a person who may appear normal, but who is above the legal limit of .08% BAC. This is called Nevada's "Per Se" law, meaning that it is illegal to be above a .08 no matter what the person's impairment level actually is.
DUI arrests will also trigger the new implied consent law. All drivers have impliedly consented to a test of their blood or breath for alcohol content simply by obtaining a Nevada driver's license or by driving on Nevada's roads. There is no longer a right to refuse to provide a breath or blood sample if arrested for driving under the influence. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a drunk driving case.
When a person is stopped under suspicion for driving under the influece, and the person does not have a prior drunk driving arrest, the officer is required to give a choice of tests. The Officer must offer either a breath test or a blood test. If a choice is not made the Officer may make one for the person.
Joel Mann’s goal in representing a client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. However, this is not always possible The only chance for success in a drunk driving case is to have a skilled Las Vegas lawyer. It is extremely important that you be familiar with the issues involved in a typical drunk driving case so that you may aid and participate in your defense and make informed choices regarding your case. It is also vitally important that you tell your lawyer all of the facts, so that he can best help defend your drunk driving case. Contact Attorney Joel Mann now and schedule your free consultation.
Have you been arrested for Driving Under The Influence in Nevada? If so, contact our experienced Las Vegas DUI Lawyer today!
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PENALTIES FOR DRIVING UNDER THE INFLUENCE
The penalties for driving under the influence depend on whether one has had a drunk driving conviction within the past SEVEN (7) years. The 7-year period is calculated from the prior arrest date to the current arrest date.
CONVICTION: A person that pleads no contest, pleads guilty or is found guilty at trial is subject to the following judicial penalties:
FIRST OFFENSE:
JAIL: 48 hours up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time.
FINES AND ASSESSMENTS: A minimum of $340.00 to a maximum of $1,175.00.
SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a 1st offense results in a 90-day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after 45 days have passed.
OTHER PENALTIES: The Court will always impose the requirement that you attend an 8 hour program with a $100.00 fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $40.00 fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three to six months.
SECOND OFFENSE:
JAIL: Minimum of TEN (10) days up to SIX (6) months.
FINES AND ASSESSMENTS: Fines and assessments of $675.00 to $1,175.00.
LOSS OF LICENSE: ONE (1) year
OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, assessment program, Treatment program, Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a $35.00 civil penalty to the Department of Motor Vehicles.
THIRD OR SUBSEQUENT OFFENSE:
Conviction of three or more offenses within SEVEN (7) years of the date of the first arrest is a FELONY.
JAIL: A minimum of ONE (1) year to SIX (6) years in State Prison.
FINES AND ASSESSMENTS: $2,085.00 to $5,085.00.
LOSS OF LICENSE: THREE (3) years
OTHER PENALTIES: Breath Interlock Device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, $35.00 civil penalties to the Department of Motor Vehicles.
ACCIDENTS THAT RESULT IN DEATH OR SUBSTANTIAL BODILY HARM:
If you are convicted of a drunk driving offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first offense. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than $2,000 nor more than $5,000.
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Have you been arrested for Driving Under The Influence in Nevada? If so, contact our experienced Las Vegas DUI Defense Lawyer today!
Other penalties to be aware of:
DRUG OFFENSES IN DRIVING UNDER THE INFLUENCE CASES:
While an offense involving drugs may be prosecuted by the State as a misdemeanor, beyond the misdemeanor Drugs penalties set forth above, the law specifies that possessing ANY amount of a controlled substance, for instance marijuana or cocaine, is a FELONY.
For more details on this please contact Law Office of Joel Mann.
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DRIVING WHILE LICENSE IS SUSPENDED:
If your license is suspended or revoked due to a driving under the influence offense, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. You also could be ordered to pay a $1,000 fine and lose your driver's license for an additional year, without the opportunity to have a restricted license for driving to and from work.
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DMV
The Department of Motor Vehicles recently published a bulletin relating to drunk driving cases. Most importantly, if you have been arrested for driving while being intoxicated, you must request a DMV hearing immediately, or lose your right to have one. DMV Hearings are conducted through the DMV's Office of Administrative Hearings. They can provide more information about your obligations under the laws.
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Have you been arrested for Driving Under The Influence in Nevada? If so, contact our experienced Las Vegas DUI Defense Lawyer today!
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