In Nevada a driving under the influence arrests starts two prong processes against a suspected drunk driver:
- A criminal DUI court case, and
- A administrative DUI DMV case
DUI Administrative Case
In the DMV case the state will decide whether or not the suspect’s driver’s license are will be taken away. The most important, thing for a suspect to remember when arrested for DUI in the state Nevada, is to ask for a DMV hearing quickly, the suspect will not have one and will lose his or her license soon after the arrest.
Definition Of Impaired In Nevada DUI CASES
In Nevada you are considered under the influence if you impaired enough that you cannot safely handle a motor vehicle. One does not have to be drunk to be charged or found guilty of driving under the influence in the state of Nevada. Nevada driving under the influence charge can be gotten when an individual drives a car while being impaired by alcohol, or drives a car with a blood alcohol content of .08 or more.
Nevada driving under the influence charges can be made on anyone that may not look impaired; however they are above the legal limit of .08 percent blood alcohol level.
Nevada DWI BAC Testing Consent Laws
Driving under the influence charges in Nevada also means that a driver has consented to blood alcohol content test. Every Nevada vehicle operator has agreed to consent to a blood alcohol content test just by driving in the Nevada or by applying for a driver’s license. A person does not have the right in Nevada to refuse testing when suspected of driving under the influence. So in Nevada law enforcement can use force to obtain a sample from someone suspected driving under the influence.
Punishments for DUI in Nevada
The punishments for DUI hinge on if someone has had a driving under the influence conviction within 7 years of the current arrest.
Driving under the influence 1st offense:
- Incarceration: 2 to 180 days confinement
- Monetary punishment: $340.00 to $1,175.00 driving under the influence fines.
- Lose of driving license: 3 month suspension of driver’s license.
- Miscellaneous: Judge most likely will order the obligation of going to a driving under the influence course, which has a fee of $100.
- Victim impact fee: $40.
- Equipment: If you blow double the legal limit a Breath Interlock Device will be put on your car for 90 to 180 days.
With subsequent offenses penalties increase significantly and after the third offense driving under the influence becomes a felony.
Drunk driving defense is a very specific law field that requires special training and experience to defend. Make sure to get the services of a qualified Nevada driving under the influence lawyer to help you with the serious problem of being charged with DUI.
Originally posted 2016-12-11 14:41:52.