Las Vegas DUI Lawyer
Facing a DUI charge in Las Vegas can be overwhelming. Nevada DUI laws are harsh, and the consequences of a conviction can be life-altering. Facing a charge of driving under the influence can be a frightening prospect. You may feel anxious about your future, your job, your family, and your freedom. This is a time when you need strong, compassionate legal support.
At the Joel M. Mann – Las Vegas Criminal Defense Lawyer, we are dedicated to being your steadfast support during these trying times. This is not the time to defend yourself. It’s time to seek help from the seasoned Las Vegas DUI lawyer at the Joel M. Mann – Las Vegas Criminal Defense Lawyer. Our legal team has a proven track record of success.
Understanding the Stakes
A DUI conviction in Nevada doesn’t just mean fines or a suspended license—it can lead to serious personal, professional, and financial repercussions. The stress of facing these charges alone can be immense, but you don’t have to go through this alone.
Our dedicated Las Vegas DUI lawyer is ready to fight for your rights, ensuring your voice is heard, and your future is protected.
From scrutinizing the evidence against you to negotiating for a reduction in charges to reckless driving to vigorously defending your rights in court, we are prepared to do whatever it takes to safeguard your freedom and reputation. Don’t let a criminal case or DUI offense derail your future.
Let an experienced DUI attorney from the Joel M. Mann – Las Vegas Criminal Defense Lawyer help you regain control of your life. Contact us today for a free consultation.
Why Choose the Joel M. Mann – Las Vegas Criminal Defense Lawyer for Your DUI Defense?
It’s crucial to exercise your right to legal counsel when navigating the Nevada criminal justice system. This decision can significantly impact your case. DUI charges should never be underestimated. A criminal conviction can instantly alter the trajectory of your life, especially if you’re facing felony DUI charges.
Our experienced legal team is passionate about protecting and fighting for your rights. We understand the many nuances of the Nevada criminal justice system and how to use them to your advantage.
We will take the time to thoroughly review your situation and then personalize a defense strategy that offers the best opportunity to resolve your case the most favorably, empowering you to take control of your defense.
When you hire our law firm to defend your DUI case, our DUI attorney provides:
- Immediate Action: We swiftly request a hearing to restore your driving privileges immediately.
- Thorough Case Analysis: We carefully review all evidence and circumstances to identify weaknesses in the prosecution’s case.
- Aggressive Defense: We argue for reductions in charges or the complete dismissal of your case where possible.
- Customized Strategy: Every case is unique, and we build a defense tailored to your specific situation, whether negotiating a plea or taking your case to trial.
Unlike a public defender, we have the resources and time to dedicate to your DUI defense. Attorney Joel M. Mann is well-regarded in the Las Vegas legal community, with affiliations including the National College for DUI Defense and Nevada Attorneys for Criminal Justice. He is also a member of the National Association of Criminal Defense Lawyers. He has been listed as a Nevada Super Lawyer every year since 2011 and has received the Avvo Clients’ Choice Award in DUI defense.
Prosecutors are working hard to secure a guilty verdict against you. Push back by hiring a criminal defense attorney with a track record of proven results and the drive to work hard on your behalf.
Understanding DUI Charges in Nevada
Nevada state law makes it a crime to operate a vehicle while under the influence of alcohol or possessing a blood alcohol content (BAC) of 0.08 percent. However, you can still be charged with DUI even if your BAC is below 0.08% if the officer believes your driving is impaired.
In other words, you do not have to register a BAC of at least 0.08 percent to be found guilty of DUI. Furthermore, a driver whose test results show a BAC of 0.08 percent within two hours of having control of a motor vehicle can be found guilty of DUI.
It is also vital to understand Nevada’s implied consent law. Under this rule, drivers lawfully arrested on suspicion of DUI in Nevada must submit to a blood or breath test. Drivers who refuse to submit to a BAC test can lose their driver’s license for up to one year for a first offense and up to three years for subsequent refusal offenses.
Strategic DUI Defense in Las Vegas
No two DUI cases are identical; your defense strategy should reflect that. An experienced criminal defense attorney can raise numerous DUI defense strategies to help you fight the charges against you. Our approach is to craft a defense tailored to the specifics of your case. Some potential defense strategies might include:
- Challenging the legality of the traffic stop.
- Arguing that law enforcement violated your rights.
- Questioning the accuracy or administration of BAC tests or arguing results were contaminated.
- Arguing that Breathalyzer or field sobriety tests were administered improperly or incorrectly.
- Arguing that you were not actually impaired or in control of the vehicle.
Attorney Joel M. Mann will meticulously review your case and work to identify the best strategy to protect your rights and your future.
DUI Charges Involving Drugs in Nevada
In Nevada, driving under the influence (DUI) doesn’t only apply to alcohol—it also encompasses impairment caused by drugs, including both illegal substances and prescription medications. Nevada law takes drug-related DUI charges very seriously, and the penalties can be just as severe, if not more so, than those for alcohol-related DUIs.
How Nevada Law Defines Drug-Related DUI
Nevada law prohibits operating a vehicle while under the influence of a controlled substance, including illegal drugs like cocaine, methamphetamine, or heroin. However, even legal prescription medications can lead to a DUI charge if they impair your ability to drive safely.
This means that if you take medication that affects your reflexes, coordination, or judgment and you drive while impaired, you could be arrested and charged with a DUI.
Nevada has specific per se limits for certain controlled substances, similar to the 0.08% blood alcohol content (BAC) limit for alcohol. If your blood test shows that you have more than the legal limit of a controlled substance in your system, you can be charged with DUI, regardless of whether you appear visibly impaired.
While both alcohol-related and drug-related DUIs are treated seriously under Nevada law, there are some key differences between the two:
Testing and Evidence
- Alcohol DUI: Law enforcement officers typically use breathalyzers to measure BAC levels, which provide immediate results at the scene.
- Drug DUI: Drug impairment is often detected through blood or urine tests, which require a sample to be sent to a lab for analysis. This process can take longer, and the results may not be immediately available.
Impairment Assessment
- Alcohol DUI: The effects of alcohol on the body are well-known and standardized. BAC levels are directly correlated with levels of impairment, making it easier for prosecutors to prove a driver was under the influence.
- Drug DUI: The effects of drugs can vary widely depending on the substance, dosage, and individual tolerance. This makes it more challenging to establish a direct link between the presence of a drug in the system and impaired driving, giving defense attorneys more avenues to challenge the prosecution’s case.
Defending against drug-related DUI charges in Nevada requires a thorough understanding of state law and your case’s specific circumstances.
However, some potential defense strategies are similar to those used in alcohol DUI defense and might include:
- Challenging the Legality of the Traffic Stop: If the initial stop was unlawful, any evidence obtained afterward, including blood or urine tests, could be deemed inadmissible in court.
- Questioning the Testing Process: Blood and urine tests are more complex than breath tests and can be subject to errors, contamination, or delays that might affect the results.
- Proving Lawful Use of Prescription Drugs: If you were legally prescribed medication that caused impairment, your attorney might argue that you were using the medication as directed and were unaware of its impact on your driving ability.
- Arguing Lack of Impairment: Simply having drugs in your system doesn’t necessarily mean you were impaired at the time of driving. Your attorney may present evidence that you could safely operate the vehicle.
Isn’t Marijuana Legal in Nevada? How Does That Affect a DUI Arrest?
Marijuana is legal in Nevada for both medical and recreational use; however, this does not mean that you can legally drive under the influence of marijuana. Just like with alcohol, it is illegal to operate a vehicle while impaired by marijuana. Nevada law specifically addresses this issue, making it clear that marijuana use does not exempt drivers from DUI charges if they are found to be impaired.
Nevada law prohibits driving with a specific amount of marijuana in your system:
- 2 nanograms of active THC per milliliter of blood
- 5 nanograms of THC metabolite per milliliter of blood
If law enforcement finds that a driver exceeds these limits, they can charge the driver with DUI, regardless of whether they show visible signs of impairment.
Impairment vs. Per Se Limits
One of the challenges with marijuana DUI cases is that THC, the psychoactive component of marijuana, can stay in your system long after its effects have worn off. This means you could technically have THC in your blood and face DUI charges even if you are not currently impaired.
If you are below the per se limits but still exhibit signs of impairment, you could still face DUI charges based on the officer’s observations, such as erratic driving, the smell of marijuana, or failure to perform field sobriety tests properly.
Defending Against Marijuana DUI Charges
Defending against marijuana DUI charges can be complex due to the variability in how marijuana affects individuals and how long it remains detectable in the system.
Some defense strategies might include:
- Challenging the THC Testing: Since THC can stay in your blood long after use, your attorney may argue that the levels detected do not correlate with impairment at the time of driving.
- Questioning the Officer’s Observations: If your arrest was based on the officer’s observations rather than test results, your attorney might challenge the validity of those observations, especially if other factors could have affected your behavior, such as fatigue or a medical condition.
Potential Penalties for Nevada DUI
Nevada has stiff penalties for DUI convictions, especially felony DUI convictions. Individuals can face license revocation, significant fines, and jail time.
Potential penalties for a Nevada DUI conviction vary for DUI first offense, second DUI offense, and third DUI and can include:
DUI First Offense
- Minimum $400 fine, maximum $1,000 fine
- Jail time between two and 180 days
- License revocation of at least 185 days
DUI Second Offense
- Minimum $750 fine, maximum $1,000 fine
- Jail time between 10 and 180 days
- License revocation for one year
DUI Third Offense
- Felony
- Minimum $2,000 fine, maximum $5,000 fine
- Mandatory prison time between one to six years
- License revocation for three years
Felony DUI Offense
The following DUI offenses are typically charged as felonies:
- Third DUI offense
- DUI causing bodily injury or death
- Vehicular homicide
- DUI charges after a previous felony DUI
Individuals convicted of DUI in Nevada may also be required to attend DUI education classes, complete community service, and install an ignition interlock device in their vehicle for one to three years.
Those convicted of DUI with a BAC of 0.18 percent or higher can face even more significant penalties. You may need to complete an alcohol/drug dependency evaluation, attend an alcohol or drug abuse treatment program, and install an ignition interlock device in your vehicle. You will need to pay the costs associated with these DUI penalties.
Understanding the DUI Arrest Process in Las Vegas
Being arrested for DUI in Las Vegas can be an overwhelming and frightening experience. Knowing what to expect during each step of the process can help you feel more prepared and understand the importance of having legal representation. Here’s an overview of what typically happens after a DUI arrest in Las Vegas:
The Initial Traffic Stop
The DUI arrest process usually begins with a traffic stop. An officer may pull you over for a traffic violation, erratic driving, or because they suspect you’re under the influence.
During the stop, the officer will observe your behavior, speech, and physical appearance for signs of impairment. If the officer believes you drove while intoxicated, they will likely ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg.
Field Sobriety and BAC Testing
If the officer suspects you are driving under the influence, they may administer a preliminary breath test (PBT) on the roadside to measure your blood alcohol content (BAC). Depending on the results of the PBT and the field sobriety tests, the officer may place you under arrest for DUI.
As we mentioned above, under Nevada’s implied consent law, you are required to submit to a breath, blood, or urine test if you are lawfully arrested on suspicion of DUI. Refusal to comply can result in an automatic suspension of your driver’s license.
The Arrest
If the officer decides to arrest you, they will place you in handcuffs and transport you to a local police station or detention center. At this point, you will be formally charged with DUI.
The arresting officer will read you your Miranda rights, informing you of your right to remain silent and your right to an attorney. You should exercise these rights and refrain from answering any questions without your attorney present.
Booking and Processing
Once you arrive at the police station or jail, you will go through the booking process. This involves taking your fingerprints, photographs (mugshots), and recording your personal information.
You will also be asked to surrender your personal belongings, which will be returned to you upon release. Depending on the circumstances of your arrest, you may be required to stay in a holding cell until you are sober enough to be released, or you may be eligible for bail.
Bail and Release
After booking, you may be allowed to post bail. Bail is a set amount of money that allows you to be released from jail while you await your court date. If you cannot afford bail, you may have to remain in custody until your initial court appearance. In some cases, the court may release you on your own recognizance, which means you promise to appear at all future court dates without having to post bail.
The DMV Hearing
In Nevada, a DUI arrest triggers two separate legal proceedings: a criminal case and a civil case with the Nevada Department of Motor Vehicles (DMV). The DMV hearing determines whether your driver’s license will be suspended.
You have only seven days from the date of your arrest to request this hearing, making it essential to act quickly. An experienced DUI defense attorney can represent you at this hearing and argue to protect your driving privileges.
Preparing for Court
After your release, you will be given a court date for your arraignment, where you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will proceed to pretrial motions and, potentially, a trial. Your attorney will begin gathering evidence, reviewing police reports, and building a defense strategy tailored to the specifics of your case.
Contact an Experienced Las Vegas DUI Attorney for a Free Consultation
If you’re facing DUI charges in Las Vegas, don’t wait to get the legal help you need. Before you talk to law enforcement, contact the Joel M. Mann – Las Vegas Criminal Defense Lawyer.
We will take the time to listen to you, understand your situation, and develop a defense strategy that aligns with your goals. Our team works hard to protect your rights at every stage of the criminal justice process and to craft a defense plan that gives you the best chance of obtaining a favorable result.
Our law firm offers a free, confidential consultation and a transparent fee structure that helps you understand the cost of services upfront. You can’t afford to move forward without legal representation. Let us help you during this challenging time.
If you are facing DUI charges in Las Vegas, Nevada, call our office at (702) 474-6266 or contact us online anytime.