DUI and DWI Laws in Nevada

1. Nevada DUI and DWI Laws

2. Las Vegas Driving Under the Influence (DUI)  It is extremely important that you aggressively defend your first DUI offense because of the enhanced penalties within 7 years for a second DUI offense (a minimum of 10 days in jail) and third DUI offense. Las Vegas DUI Lawyer Ross C. Goodman has substantial training and experience in successfully defending Nevada DWI Laws and DUI charges. He is certified in the administration of SFSTs published by the National Highway Traffic Safety Administration or NHTSA. This has resulted in the successful impeachment of these “balancing” tests, and together with developing evidentiary and other witness issues, have contributed to the successful negotiation of hundreds of cases to the reduced charge of Reckless Driving. INTRODUCTION TO DUI

3. DUI Areas • First DUI • Second DUI • Third DUI • Felony DUI • Boating Under the Influence • DUI and Marijuana • DUI and Prescription Medication • DMV Administrative License Suspension • Refusal to Submit to DUI Test • “DUI” Does Not Specifically Pertain to “Drunk driving” Our law in Nevada targets persons who are under the influence of alcohol and drugs while operating a motor vehicle. Anyone caught driving above the prescribed limit of alcohol or drug content will face Nevada DUI law charges. DUI AREAS AND "DUI" DOES NOT SPECIFICALLY PERTAIN TO "DRUNK DRIVING”

4. First DUI Offense  • Jail time: A minimum of 48 hours in jail to a maximum of six months. The court may also choose to impose 96 hours of community service in lieu of jail time. • Fines: Assessments and fines totaling from a minimum of $400 to a maximum of $1,000 plus court costs.  • License suspension: A 90-day or 3-month suspension of your driver’s license.  • Other penalties: You will be required to attend a Victim Impact Panel and at least 8 hours of drunk driving school. You may also be required to install a Breath Interlock Device on your vehicle for 3 to 6 months. PENALTIES OF DUI CHARGES: FIRST OFFENSE

5. Second DUI Offense  • Jail time: A minimum of 10 days in jail or a maximum of six months. • Fines: Assessments and fines totaling a minimum of $750 to a maximum of $1,000 plus court costs.  • License suspension:A 1-year suspension of your driver’s license.  • Other penalties: You may be ordered to do 100 to 200 hours of community service and attend a Victim Impact Panel. You may also be required to install a Breath Interlock Device on your vehicle for 6 to 12 months.  • Third DUI Offense  • Felony: Three or more convictions within seven years is a felony.  • Jail time: A minimum of 1 year to a maximum of 6 years in State Prison.  • Fines: Assessments and fines totaling a minimum of $2,000 to a maximum of $5,000 plus court costs.  • License suspension: A 3 year suspension of your driver’s license. SECOND AND THIRD DUI OFFENSE

6. Here is the list of Controlled Substances with the corresponding legal limit. When caught with such substances, a person can be charged with DUI drugs (DUID). Prohibited Substance/Urine Nanograms per milliliter/Blood Nanograms per milliliter • Amphetamine/500/100 • Cocaine/150/50 • Cocaine metabolite/150/50 • Heroin/2,000/50 • Morphine/2,000/50 • 6-monoacetyl morphine /10/10 • Lysergic acid diethylamide (LSD)/25/10 • Marijuana/10/2 • Marijuana metabolite/15/5 • Methamphetamine/500 /100 • Phencyclidine/25/10 LIST OF CONTROLLED SUBSTANCES

7. Nevada DUI Laws Nevada has laws that are specific for DUI. Read these laws carefully as they may be helpful in the long run.  Implied Consent Law Once the person steps into the car, the person automatically gives the consent to submit to a DUI test. If the person refuses to take the test, the police have the authority to use reasonable force to administer the test. For a possible 1st Nevada DUI Laws offense, the police must give you the option to choose the type of test. For a 2nd DUI Law offense or more, the officer will make the choice for you. NEVADA DUI LAWS: IMPLIED CONSENT LAW

8. This law states that drivers should adhere to a certain Blood Alcohol Concentration Limit. The limit set is just a baseline. Offending driver could still be arrested even if the driver is still below the limit. This law also covers the many form controlled substances. Breaking this law would lead to penalties such as revocation of license, fines, or imprisonment.  Open Container Law  Nevada's Open Container Law states that a person can get arrested for having "any" opened alcoholic beverage in the car while driving. The law did not state specific alcohol volume for the beverage. It is safe to assume that this law pertains to all alcoholic beverages, regardless of the alcohol proof or container. People who drives mobile homes, RV 's, trailers or are passengers in a bus, limousine, and taxi are exempted from this law. NEVADA'S PER SE LAW AND OPEN CONTAINER LAW

9. The officer may require the alleged DUI driver to submit to a blood test. Refusal to submit to a blood test could end up in license suspension. The police officer is required to take you to a licensed testing facility for the test. If the result shows that you are positive for Nevada DWI Laws violation, you will receive a written mail regarding your license suspension and the case. Here is a list of professionals that can perform the test: • Licensed Physician assistant • Phlebotomist • Emergency medical technician • Physician • Registered Nurse DUI BLOOD TEST

10. Driving with a suspended license can lead to penalties. Contact DUI Attorney Ross Goodman for legal counselling regarding license suspension. He can help reinstate your license through a successful DMV hearing. He can and will always find ways to help you win the case. Here are the penalties for driving with suspended license: • $1,000 fine • Further suspension of license • Imprisonment of not less than 30 days DRIVING WHILE LICENSE IS SUSPENDED

11. Facing DUI charges? Discuss your case with Attorney Ross Goodman