Drunk Driving / DUI

Drunk Driving / DUI

Most people assume that “Driving Under the Influence” means “drunk driving,” but actually driving under the influence means operating a motor vehicle without the normal use of mental or physical faculties due to impairment from alcohol or other drugs. It is not necessary to be "drunk" to get a conviction for DUI in Nevada.

Important: Following a DUI arrest where a breath test has been administered, you only have 7 days to request a DMV hearing to protect your license from being revoked or suspended. It's beneficial for a DUI lawyer to file the request and represent you at this administrative hearing.

When you hire Joel Mann as your Las Vegas defense lawyer, he will work to reduce the stress a DUI arrest can cause you. Attorney Joel Mann is familiar with several important aspects of DUI criminal cases, including:

Las Vegas DUI Lawyer

Attorney Joel Mann will go to court as many times as necessary without you to help reduce the disruption a DUI case will cause in your daily life. His 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 an experienced Las Vegas attorney.

It is extremely important that you are familiar with the issues involved in a typical drunk driving case so that you may aid and participate in your defense and make informed decisions regarding your case. It is also vitally important that you tell your lawyer all the facts so that he can help you defend you DUI case. If you've been arrested for DUI, contact our office immediately at (702) 474-6266 to discuss the facts of your DUI case.


Nevada DUI Information Center


Penalties for DUI convictions in Nevada

The penalties for driving under the influence depend on whether there have been 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.

A conviction means that a person pleads no contest, pleads guilty or is found guilty at trial. If there is a conviction, then the person 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 result 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.

More information on First Offense DUI Consequences

  • 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.

More information on DUI Second Offense Consequences

  • 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.

More information on DUI Third Offense Consequences

To mitigate the penalties associated with multiple DUI convictions, call the Office of Joel Mann to discuss how we can help you with your case.


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Nevada Per Se Law

Nevada’ Per Se Law states that it is illegal to have a BAC above .08% no matter what the person’s actual level of impairment.

In Las Vegas, DUI cases can be brought against a person who appears sober, but actually, the person’s blood alcohol content (BAC) is above the legal limit of .08%

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. Most people think that driving under the influence focuses only on alcohol, but being under the influence of these other drugs can also result in a DUI arrest or conviction:

  • Controlled substances
  • Drugs such as prescription medication
  • Marijuana
  • Illegal Drugs like cocaine, meth or inhalants

Talk to an experienced Las Vegas attorney to find out more information about the Nevada Per Se Law.


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Nevada’s Implied Consent Law

When you are issued a Nevada Driver’s License, you are indicating that you understand all the traffic laws and you agree to follow the traffic and safety laws while driving. Even if you have an out of state driver’s license, but driving in the state of Nevada you fall under the implied consent law. More importantly, in cases of alleged DUI, you agree to submit to a chemical test if you are suspected of driving under the influence of alcohol or drugs.

Under Nevada’s implied consent law, there is no longer a right to refuse to provide a breath or blood sample if you arrested for driving under the influence. This means that the police may use force to draw blood to obtain evidence to use against you in a drunk driving case.

When a person is stopped for an alleged 1st DUI, the officer is required to give the driver the option of taking a breath test or a blood test. If the person refuses, the officer will make the choice for you. A person does not get an option to choose the test if he or she is suspected of a 2nd DUI or more DUIs.

It is highly suggested that you contact Joel Mann if you are faced with DUI charges. He is capable of challenging the validity of the tests, obtaining a dismissal of the charges, fighting the charges in court, or getting the charges reduced or changed from a DUI. Every case is unique so it is important to talk to Joel Mann about the best course of action to take in order to put an allegation of DUI behind you.


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Blood Alcohol Testing

Once you are in custody and charged with a DUI, it is mandatory for you to take either a blood test or a breath test to determine your blood alcohol level. Consult an attorney to find out which test is better to take based on legal strategy.

If you take the Blood Test, the charges, and your license revocation/suspension will be on hold until the results come back in roughly 3-6 months. If the BAC is .08 or higher, you will be mailed a notice of license suspension and the criminal DUI case will move forward. It is important to contact an attorney as soon as you get charged with a DUI so your rights are protected.

If you take a Nevada DUI breath test and the results read .08 or higher, your license will be suspended in 7 days.


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Nevada Administrative License Suspension Hearings with the DMV

Unlike the criminal trial for DUI which determines guilt or innocence of the drunk driving offense, the DMV administrative hearing only concerns the suspension or revocation of your Nevada drivers license. The DMV hearing does not cost anything; all you or your lawyer needs to do is fill out the form requesting the DMV hearing.

It can be confusing depending on the severity of your DUI offense, so it is best to let a Nevada DUI attorney handle your DMV administrative hearing. The DMV hearing is optional, but be warned in some instances that you only have 7 days in which to request a DMV hearing if you want to challenge the suspension or revocation of your license.

As soon as you are arrested for a DUI or for any other traffic offense, it is important to retain an attorney right away to preserve your right to a hearing. There are 2 advantages of going through with a DMV Hearing:

  1. DMV hearings give your lawyer the chance to cross-examine the arresting officers on the record. This testimony could help in your DUI criminal trial because your attorney has an official record use as leverage in the criminal trial.
  2. Your experienced DUI defense attorney can find significant legal problems and get your license reinstated.

DMV hearings are similar to a bench trial. A bench trial is when lawyers present cases directly to a judge instead of a jury and the judge makes the final decision. The DMV hearings are held in a small room with an administrative judge presiding.

The hearings are open to the public, and the entire proceeding will be audio recorded. During the hearing, all witnesses will be placed under oath. Attorneys may present physical evidence, use case law evidence, and cross-examine witnesses. At the end of the proceeding, the judge can either issue ruling immediately or wait 30 days to make an official ruling.

More information on Administrative License Suspension hearings with the Nevada DMV


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Driving While License is Suspended Penalties

If your license is suspended or revoked due to a DUI offense, either through the criminal courts or an administrative proceeding, you will incur these penalties if you are caught driving without a license:

  • Minimum of 30 days in jail
  • $1,000 fine
  • Loss of driver’s license for an additional year without the opportunity to have a restricted license for driving to and from work

It is important to seek counsel from a Nevada DUI lawyer so that you can try to avoid these penalties and get your driver’s license reinstated or mitigate the possible consequences of driving with a suspended license.


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DUI accidents that result in death or serious 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 to another person, it is a felony conviction, even if it is your first offense. The penalties can include:

  • Minimum of 2 years and a maximum of 20 years in prison
  • A fine of not less than $2,000 nor more than $5,000

It is vital to contact an experienced Las Vegas DUI attorney to help you defend yourself against these charges. These accidents are generally unintentional, and you should not be severely punished for making a mistake. Call Joel Mann to find out how he can help you with your case.


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Resources

Nevada Department of Motor Vehicles - The Nevada DMV issues driver’s licenses, license plates and vehicle registration for the state of Nevada.

8250 W. Flamingo Road
Las Vegas, NV 89147-4111
(702) 486-4368
2701 E. Sahara Avenue
Las Vegas, NV 89104-4170
(702) 486-4368
7170 N. Decatur Blvd.
Las Vegas, NV 89131-2798
(702) 486-4368

Nevada Mothers Against Drunk Driving - MADD is the nation’s largest nonprofit organization working to protect families from drunk driving and underage drinking.

Alcoholics Anonymous – AA is a national association for overcoming alcoholism and alcohol abuse.

1431 E Charleston Blvd #15
Las Vegas, Nevada 89104-1734
(702) 598-1888

Nevada Highway Patrol - The NHP patrols highways and freeways across the state.

4615 West Sunset Road
Las Vegas, NV 89118
(702) 486-4100

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Law Office of Joel M. Mann | Nevada DUI Defense Attorney

If you or someone you know is currently facing DUI or BUI charges in Las Vegas, contact the Law Office of Joel M. Mann at (702) 474-6266 for a free legal consultation. Joel Mann is an experienced criminal defense attorney in Las Vegas who is dedicated to protecting your rights and defending clients against DUI charges.