DUI First Offense in Nevada
After a driving under the influence (“DUI”) arrest, even an individual with no prior record faces stiff criminal penalties if convicted of a first lifetime DUI. Nevada law provides certain minimum mandatory punishments, which the court must impose after a conviction.
If you are dealing with a DUI first offense in Nevada, Joel M. Mann – Las Vegas Criminal Defense Lawyer is here to help you. We will listen closely to you and create a defense strategy to meet your goals.
Nevada DUI Laws for 1st Offense
Although the penalties are harsh, it is important to remember that depending on the facts of your case important defenses exist under Nevada law to protect you from a conviction.
These protections include the outright dismissal of the charges if insufficient evidence exists to support the accusations. They also include motions to suppress or exclude evidence, which may greatly diminish the prosecutor’s chances for a conviction at trial.
Obtaining an experienced first DUI attorney immediately after the arrest is important because critical deadlines exist to fight the charges. Contact our office for a free consultation today so that you can learn what you must do immediately to protect yourself after a drunk driving arrest.
Your DUI attorney can help you act quickly to preserve all avenues of attacking this serious criminal charge for a first-time DUI under Nevada law.
Penalties for First Offense DUI
The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past 7 years.
The 7-year period is calculated from the prior arrest date to the current arrest date.
If you have a prior DUI conviction that falls outside the 7 year period, the prosecutor and court may still consider that prior conviction.
However, the maximum sentence and minimum mandatory provisions under Nevada law remain the same as a first lifetime DUI.
- Jail: For a first DUI, the court must impose between 48 hours in jail or up to a maximum of six (6) months in jail. Alternatively, the court can impose ninety-six (96) hours of community service in lieu of any jail time.
- Assessments and Fines: For a first DUI, the court must impose assessments and fines that total a minimum of $400 to a maximum of $1,000.00 plus court costs.
- Suspension of Driving Privileges: A first DUI conviction requires the DMV to impose a 185 day suspension of your driving privileges. After a 45 day “hard period” has passed, you may be eligible to obtain a restricted driver’s license that allows you to drive for employment purposes for the remainder of the suspension period. To get a restricted license you will need to install a breath interlock device on your car which will test your blood alcohol level every time you drive. If you fail to install that breath interlock device while you have a restrictive license, your license could then be suspended for three years for a first offense, or five years for a second offense or more.
- DUI School: After a first time DUI conviction, the Court must impose a requirement that you enroll in and complete a state-approved traffic safety program referred to as the eight (8) hour DUI School which costs approximately $150 for the program.
- Alcohol Treatment: If your DUI arrest involves a breath or blood alcohol concentration result of .08% or more, the court may require you to pay for and complete an alcohol treatment program approved the Health Department of Nevada.
- Penalties for BAC Over 0.18%: If your first DUI conviction involves a breath or blood alcohol reading that was .18% or higher, then the court will normally impose:
- A DUI Assessment Program that requires a $100 fee;
- The Victim Impact Panel that requires a $40.00 fee; and
- The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for twelve to thirty-six months;
- Even if your breath or blood alcohol concentration was below .18%, the court may order the Breath Interlock Device for 3 months to 6 months.
- Based on the DUI assessment given in the DUI Assessment Program, the court will impose extensive counseling to address drug or alcohol issues.
DUI Treatment Programs for First-Time Offenders in Nevada
While the primary goal is to avoid conviction, there are programs available that can help mitigate the consequences if a conviction seems likely.
Treatment Program Option
If avoiding conviction proves challenging, Nevada law (NRS 484C.320) offers an alternative for first-time offenders with a Blood Alcohol Concentration (BAC) under 0.18. This program allows you to attend an alcohol treatment program instead of facing standard sentencing.
Program Requirements
By choosing this option, you agree to:
- Undergo a formal diagnosis as an alcoholic or drug addict
- Cover treatment costs (typically several thousand dollars)
- Serve at least one day in jail or complete 24 hours of community service
- Undergo 90 days of house arrest with no alcohol allowed in your home
- Attend regular status checks before a judge
- Submit to electronic monitoring of your whereabouts
- Participate in random, observed alcohol/drug testing
- Attend individual and group counseling (e.g., Alcoholics Anonymous, Narcotics Anonymous)
Program Duration and Supervision
- The program lasts a minimum of 6 months
- Supervision (including random testing and occasional status checks) may continue for up to three years
Successful Completion Benefits
If you successfully complete the program, the judge will:
- Reduce your sentence to the day served in jail or community service performed
- Limit your fine to $400
Consequences of Program Failure
Failing to complete the program may result in the judge imposing the full first-offense DUI sentence, including:
- Up to 6 months in jail
- A fine of up to $1,000
- Six-month driver’s license revocation
Making an Informed Decision
While this program can offer significant benefits, it’s important to consult with an experienced DUI attorney who can:
- Evaluate the strength of your case
- Explain the pros and cons of the treatment program
- Help you make the best decision for your specific situation
Remember, every DUI case is unique. The best course of action depends on the specific circumstances of your arrest and the evidence against you.
Understanding Blood Alcohol Concentration (BAC)
Blood Alcohol Concentration (BAC) is a critical concept in DUI cases. It’s the measure of alcohol in your bloodstream, typically expressed as a percentage.
Explanation of BAC Levels and Their Legal Implications
- 0.08%: This is the legal limit for drivers 21 and over in Nevada. At this level, you’re considered legally impaired.
- 0.04%: The limit for commercial drivers. Exceeding this while operating a commercial vehicle can result in DUI charges.
- Any detectable amount: For drivers under 21, any measurable amount of alcohol can lead to DUI charges.
- 0.18% or higher: This is considered an “aggravated” DUI in Nevada, leading to enhanced penalties.
You can be charged with DUI even if your BAC is below 0.08% if law enforcement determines that you’re impaired.
Factors Affecting BAC
Several factors can influence your BAC, including:
- Body Weight: Generally, larger individuals will have a lower BAC than smaller individuals who consume the same amount of alcohol.
- Gender: Women typically reach higher BAC levels than men of the same weight who consume the same amount of alcohol. This is due to differences in body composition and metabolism.
- Time: Your BAC rises as you consume alcohol and decreases over time as your body metabolizes it. On average, BAC decreases at a rate of about 0.015% per hour.
- Food Consumption: Eating, especially foods high in protein and fat, can slow alcohol absorption and lower your peak BAC.
- Rate of Consumption: Drinking quickly leads to a higher BAC than sipping the same amount over a longer period.
- Alcohol Content: The percentage of alcohol in your drinks affects your BAC. For example, hard liquor will raise your BAC faster than beer.
- Medications: Some medications can interact with alcohol, potentially increasing your BAC or the effects of alcohol.
- Overall Health: Liver function, metabolism, and even fatigue can affect how quickly your body processes alcohol.
Common Misconceptions About BAC and Sobering Up
- Myth: Coffee, cold showers, or exercise can lower your BAC. Reality: Only time can lower your BAC. These methods might make you feel more alert but don’t affect your BAC.
- Myth: You can accurately estimate your own BAC based on how you feel. Reality: Alcohol impairs judgment, making it difficult to assess your own level of intoxication accurately.
- Myth: Eating a big meal after drinking will lower your BAC. Reality: Once alcohol is in your bloodstream, eating won’t lower your BAC. However, eating before or while drinking can slow alcohol absorption.
- Myth: Drinking water between alcoholic drinks will keep your BAC low. Reality: While staying hydrated is good, it doesn’t significantly affect your BAC. It might help you drink less alcohol overall, but it doesn’t “dilute” the alcohol in your system.
- Myth: You can trick a breathalyzer by using breath mints or mouthwash. Reality: These methods don’t affect your BAC and may even increase breath alcohol readings due to their alcohol content.
- Myth: One drink per hour keeps you under the legal limit. Reality: This oversimplification doesn’t account for individual differences in alcohol metabolism or the varying alcohol content of different drinks.
Frequently Asked Questions
How much will a first-time DUI cost me?
The total cost can vary, but you can expect to pay between $400 and $1,000 in fines, plus court costs. Additional expenses may include attorney fees, DUI school fees, potential alcohol treatment programs, and increased insurance premiums.
Do I need a lawyer for a first-time DUI?
Yes. An experienced DUI attorney can help protect your rights, explore possible defenses.
Can I refuse a breathalyzer test?
You can, but Nevada has an implied consent law. Refusing a chemical test can result in automatic license revocation for one year and may still be used as evidence against you in court.
Will a first-time DUI affect my job?
It depends on your profession. Some jobs, especially those involving driving or professional licenses, may be affected. Always consult with an attorney about your specific situation.
What is an ignition interlock device, and will I need one?
An ignition interlock device is a breathalyzer installed in your vehicle that prevents the car from starting if it detects alcohol. For a first offense, you may be required to install one.
Joel M. Mann – Las Vegas Criminal Defense Lawyer | Nevada DUI Defense Attorney for First Time DUI Arrests
Joel M. Mann, Las Vegas, Nevada DUI Defense Lawyer
Even a 1st drunk driving arrest can carry harsh penalties. If you’ve been arrested for a first DUI offense in Clark County, Nevada, contact the Joel M. Mann – Las Vegas Criminal Defense Lawyer at (702) 381-6467 to set up a free consultation to discuss your case with Las Vegas DUI attorney Joel M. Mann.
Las Vegas, NV, 89101
Phone: (702) 832-4105
