Drunk Driving / DUI Charges in Las Vegas
If you have been arrested on a DUI charge after taking a breath test, you only have 7 days to request a DMV hearing to protect your license from being suspended. Our dedicated DUI lawyer can file the request for the hearing and provide strategic representation to protect your rights moving forward.
Las Vegas DUI / Drunk Driving Defense Lawyer
Getting charged with driving under the influence (DUI) of alcohol or drugs in Las Vegas can be a scary experience. You could lose your driver’s license, be forced to pay expensive fines, or even end up serving time in jail.
During this stressful time, you need to take control of your defense – and your future. Contact the Law Office of Joel M. Mann now to get help from our highly skilled Las Vegas DUI defense lawyer. Joel dedicates a major portion of his law practice to defending people charged with DUI. He is a member of the National College for DUI Defense and a former president of the Nevada Attorneys for Criminal Justice.
As a veteran Clark County criminal defense lawyer, Joel has successfully handled DUI cases for countless Nevada residents and visitors.
When you put your trust in him, Joel will get to work immediately by:
- Thoroughly investigating exactly what happened in your case
- Reviewing whatever evidence the State claims to have against you
- Pursuing all opportunities to have evidence thrown out from your DUI case
- Strategically negotiating with the prosecutor’s office for opportunities to get the charges against you reduced or dropped
- Providing thoughtful advice on whether to enter a plea or go to trial
- Aggressively arguing for minimum consequences if a conviction is unavoidable
- Always thinking ahead toward appealable issues in your case
A good Las Vegas DUI defense lawyer should do everything possible to keep your case from consuming your life. Whether you are a Las Vegas resident or a visitor from out of state, Joel will work tirelessly to take the burden off you. His goal is to get you back to your life as quickly as possible.
Contact us today to learn how Joel can take the pressure off you.
What You Need to Know About Being Arrested for a DUI in Las Vegas
Understanding the main issues involved in a DUI case can help you make informed decisions and better participate in your own defense. It is important to tell your lawyer exactly what happened in your case so he can identify every opportunity to fight the charge.
1. The traffic stop may not have been legal. Every DUI arrest starts with a traffic stop. Police can stop you for many reasons, including a traffic violation such as speeding, an expired tag, an equipment violation, or reasonable suspicion of impairment based on erratic driving. Many DUI arrests in Las Vegas start at a checkpoint stop.
When Joel works on your case, he will investigate the facts surrounding your stop to determine whether it was legal. For example, the police may not have had justification to stop you, or a checkpoint may have failed to meet legal requirements. If the stop was illegal, Joel could demand that evidence obtained during the stop be thrown out. If a court excludes certain evidence, your DUI charge could be dismissed.
2. The results of a field sobriety test may not be as damaging as you think. An officer can arrest you for suspected DUI based on his or her observations after the traffic stop. The officer may claim that you smelled of alcohol or marijuana, had red eyes or dilated pupils, slurred your speech, or admitted that you were drinking. The officer may ask you to perform a series of standardized field sobriety tests (SFSTs), which you have the right to refuse.
Even if you submit to the tests and perform poorly, the evidence may not carry as much weight as you think. Joel is trained and certified to conduct these tests, and he knows the flaws in them. He can identify when officers failed to follow proper procedure and raise those issues if your case goes to trial.
3. There are many defenses for breath, blood, and urine test refusals or results. When police arrest you for DUI, they will ask you to undergo a chemical test, such as a breath, blood, or urine test. Whether you are a Nevada driver or an out-of-state visitor, you are subject to Nevada’s implied consent law. That means if an officer has “reasonable grounds” to believe you drove or were in control of a vehicle while intoxicated, you are deemed to consent to a chemical test to determine your alcohol or drug content.
Depending on the circumstances of your case, Joel may identify a variety of problems with the testing. For example, he may argue that a medical issue caused an inaccurate reading, or he may determine that the testing machine was not working. In addition, he could argue that police failed to follow proper testing procedure. And if police allege you refused to consent to the test, he could prove that was not actually the case.
After a DUI arrest, it is crucial that you contact our experienced Las Vegas defense lawyer as soon as possible. Joel will start investigating the evidence in your case immediately and seize every opportunity to chip away at the prosecution’s case. Schedule a consultation now to discuss how Joel can help you.
Why You Need to Act Quickly If Your License Is Revoked
When your license is revoked after a DUI arrest in Las Vegas, you have a very short timeline to take action. Under Nevada law, if a breath, blood, or urine test shows you have a blood alcohol concentration (BAC) of 0.08 or above or a controlled substance in your system, your license will be automatically revoked for 90 days.
However, you have seven days after your license is revoked to request a hearing before the Nevada Department of Motor Vehicles (DMV). It is important to have our experienced DUI attorney represent you at this hearing. If you win the DMV hearing, you can get your license back. Also, the hearing can provide opportunities to uncover problems the prosecution may face in your criminal case.
Do not miss the opportunity to request a DMV hearing. Contact the Law Office of Joel M. Mann immediately to ensure you take every chance you get to protect your rights and fight the charges against you.
How Is ‘Driving Under the Influence’ Defined in Nevada?
You can be charged with a DUI in Nevada if you were operating any motor vehicle, including a motorcycle or moped.
Nevada law provides for two types of DUI charges:
DUI with Alcohol: It is illegal to drive or be in actual physical control of a vehicle on a public road (or area with public access such as a parking lot) if:
- You are under the influence of intoxicating liquor.
- Your blood alcohol concentration (BAC) is 0.08 or higher (0.04 if driving a commercial vehicle).
- You are found by a test taken within two hours after driving to have a BAC of 0.08 or higher (0.04 if driving a commercial vehicle).
DUI with Drugs: It is illegal to drive or be in actual physical control of a motor vehicle on a public road if:
- You are under the influence of a controlled substance.
- You are under the combined influence of alcohol and a controlled substance.
- You consume any chemical, poison, or organic solvent that impairs your ability to drive.
Unfortunately, in Nevada, an officer has a lot of discretion in determining whether you were impaired. Even if your BAC is below the legal limit, an officer can arrest you if he determines you were too impaired to drive safely. For instance, the officer may claim you drifted across lanes, ran a red light, suddenly slowed down or sped up, or that you had glassy eyes and slurred speech.
You need a knowledgeable Las Vegas DUI lawyer to combat such accusations and identify any opportunities to get these charges reduced or dropped. Joel M. Mann has been successfully defending the rights of people charged with DUI in Las Vegas for more than a decade. Let him fight for you.
What Are the Penalties for DUI in Nevada?
A DUI in Nevada is typically a misdemeanor. However, under certain circumstances, you may be facing a felony charge. The penalties you may face for a DUI largely depend on whether you have a prior DUI conviction within the past seven years.
Potential penalties you face for a misdemeanor DUI conviction include:
- Jail – You may face up to six months in jail. However, a court may allow you to perform community service as an alternative, or the court may impose residential confinement in an alcohol or drug treatment center instead of jail time.
- Fines and assessments – The court may order a minimum fine of $400 to a maximum of $1,000 plus court costs. You may be ordered to perform additional community service instead of paying the fine. However, the court will not waive court costs.
- Driver’s license – Your license may be suspended for 90 days to a year. On a first offense, after the first 45 days, you may be able to seek a restricted license that allows you to drive to and from your job.
- Education – You must attend a Nevada Department of Public Safety (DPS)-approved eight-hour program, or “DUI School.” The program costs about $150.
- Treatment – If your BAC was 0.08 or higher, the court may order you to pay for and complete a Nevada Health Department-approved alcohol treatment program.
- Ignition interlock device – The court may order you to install and maintain (at your expense) an ignition interlock device (also called a “breath interlock device”) for up to 36 months.
- Other penalties – If your BAC was 0.18 or higher, the court will normally order you to attend a Victim Impact Panel (with a $40 fee) and a DUI Assessment Program (with a $100 fee). Based on the assessment, the court may order you to undergo counseling for alcohol or drug abuse issues.
When is a DUI a felony in Nevada? Nevada law elevates your DUI from a misdemeanor to a felony if you committed two prior DUI offenses within the previous seven-year period, if you have been convicted of a felony DUI before, or if you hurt or killed someone in a DUI crash. Penalties for a felony DUI charge are extremely serious, including prison time.
Don’t let a DUI charge cost you everything. Contact Joel today to discuss your options for fighting the case against you.
We Help Out-of-State Visitors Charged with DUI in Nevada
Nevada is part of the Interstate Driver’s License Compact. So, if you are an out-of-state visitor who is charged or convicted of DUI in Las Vegas, the Nevada DMV will report it to your state. Your home state may then suspend your license as if you had been charged or convicted of a DUI under that state’s law.
Joel has successfully represented many clients who were charged with DUI while visiting Las Vegas or other areas of Nevada. He has developed a DUI defense process that allows him to handle nearly every aspect of your case with little or no effort on your part. Contact us now to learn how Joel can help if you live out of state
Get Help from an Experienced Las Vegas DUI Defense Attorney
If you or someone you know is currently facing a DUI charge in Las Vegas, you need to speak with our experienced Nevada drunk driving defense attorney immediately. Contact the Law Office of Joel M. Mann today to discuss your options for building a strong defense.
Joel and his staff will provide the personalized service and aggressive representation that you need to get through this difficult time. Schedule a consultation now, and get Joel on your side today.