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Navigating Your First DUI Charge in Nevada
A first-time DUI charge can be scary and overwhelming. But you have rights, and we can help. Get started by requesting a free case review today.
How a First DUI is Treated in Nevada
In Nevada, a first DUI conviction is charged as a misdemeanor offense. However, it is still taken very seriously by the courts. Potential penalties for a first DUI include:
- Up to 6 months in jail
- Fines and fees up to $1,000
- 90-day driver’s license suspension
- DUI school
- Victim impact panel
- SR-22 insurance requirements
- Ignition interlock device installation
first offense will also lead to 4 driver’s license demerit points. These extra points can significantly increase your auto insurance rates for years.
While a first DUI is a misdemeanor in Nevada, a second offense within seven years becomes a felony charge. This brings much harsher punishments, like 1-6 years in prison.
That’s why fighting a first DUI and avoiding a conviction that can haunt your record is so important. An experienced DUI defense attorney can help.
Build Your Strongest Defense
There are effective strategies a knowledgeable lawyer can use to contest your first DUI charge, including:
- Challenge the traffic stop that led to the DUI investigation
- Question the validity of field sobriety testing
- Dispute breath or blood test results
- Uncover errors in police reports
- Negotiate with prosecutors for plea deals or pre-trial diversion programs
- Explore sentence mitigation and treatment options
Don’t go it alone against experienced DUI prosecutors. A tough lawyer levels the playing field and works to get charges reduced or dismissed.
Act Fast to Protect Your Rights
It’s critical to act quickly after a first DUI arrest in Nevada. Here’s why:
- Evidence can be lost over time if not preserved
- Witnesses’ memories’ fade, hurting your defense
- Prosecutors act swiftly to file charges
- DMV hearings can suspend your license fast
By promptly hiring a lawyer after your arrest, you ensure someone is already working on your side, gathering evidence, requesting police reports, reviewing the case details, and preparing your most vital defense strategy.
Timeliness is key in DUI cases. Don’t wait to get experienced legal help on your side.
Why Choose Us?
The Rosenblum Law Firm has dedicated DUI defense attorneys with a proven track record of success in Nevada courts.
If you are facing a first DUI charge, we have the skills and determination to be your advocates, including:
- Decades of DUI defense experience
- Tenacious courtroom litigation skills
- Compassionate and caring legal guidance
- Urgent response and thorough investigation
- Creative defense strategies
- Record of favorable outcomes for clients
Don’t risk your future alone. Put our experienced DUI defense team on your side today. Call now for a free case review and learn more about how we can help fight your first DUI charge. With strong legal advocates, you have options. Fight back!
Pre-Trial Motions
An experienced DUI defense lawyer will look for ways to get evidence suppressed or charges dismissed before trial through pre-trial motions.
For example, they may file a motion to suppress the traffic stop if there is no probable cause for the stop.
Or they may motion to exclude field sobriety or breath test results if improper procedures were followed.
Getting key evidence thrown out pre-trial can lead to reduced or dismissed charges.
Plea Bargaining
An attorney may be able to negotiate with the prosecution to plead guilty to a lesser traffic offense like reckless driving rather than DUI. This avoids a DUI conviction on your record. Restricted driver’s licenses can sometimes be bargained for to allow driving for work or school during a suspension.
Diversion Programs
First-time non-violent DUI offenders may qualify for pre-trial diversion or alcohol education programs. By completing these, the DUI charges are dismissed. This leaves no criminal record behind.
Sentencing Mitigation
If convicted, an attorney presents mitigating circumstances to the judge when arguing for the lightest sentence. Your record, employment, and family obligations might be cited. The goal is to avoid jail time and reduce fines and license suspension periods.
Frequently Asked Questions
What should I do if pulled over on suspicion of a first DUI?
Politely decline field sobriety tests and ask to speak with an attorney. Do not resist officers, but do not consent to tests without counsel present.
Can I refuse a breathalyzer test if arrested for my first DUI?
If you decline, you can refuse a breath test, but your license will be suspended for one year.
Is a public defender appointed for first-time DUI defendants who can’t afford a lawyer?
Those who qualify based on income will have a public defender assigned at no cost. However, a hired DUI defense lawyer can provide a more focused defense.
What should I do if involved in an accident before being charged with my first DUI?
Remain at the scene, report the accident, cooperate with medical personnel, and request an attorney if DUI is suspected. An attorney can protect your rights.
Should I appear in court for a first DUI arraignment?
Yes, you must appear for arraignment to enter a plea. An attorney can enter the plea on your behalf if arranged in advance. Missing arraignment can result in an arrest warrant.
How important are pre-trial motions for a first DUI charge?
Very important. Motions to suppress evidence or dismiss charges before trial can completely change the outcome in your favor if granted.
Should I accept the first plea deal offered for a first-time DUI?
Not necessarily. Your lawyer may be able to negotiate a better deal or pursue motions to improve on the initial offer. Don’t rush into any deal without exploring options.
Glossary
DUI – Driving Under the Influence, also called DWI OWI. Refers to operating a vehicle while impaired by alcohol or drugs.
Misdemeanor – A minor criminal offense punishable by fines, probation, and usually no more than one year in jail. A first DUI is a misdemeanor in Nevada.
Felony – A serious criminal offense punishable by over one year in prison. A second DUI within seven years becomes a felony in Nevada.
Arraignment – Initial court hearing where formal charges are read and the defendant enters a plea.
Diversion Program – Programs that dismiss DUI charges after completion of alcohol education classes, community service, or other requirements.
SR-22 – Special insured certificate some states require for DUI offenders before license reinstatement. Proves financial responsibility.
Interlock Device – Breath test device connected to a vehicle’s ignition to prevent it from starting if alcohol is detected.
License Demerit Points – Points added to driver’s license following conviction for traffic offenses like DUI or speeding. It can raise insurance costs.
Suppress – To have evidence excluded from admission at trial because it was illegally obtained and done by filing suppression motions.
Mitigating Circumstances – Info presented to the judge intended to lessen the severity of sentencing for a conviction. This may include employment and family obligations.
Additional Resources for You
Our lead attorney, Molly Rosenblum, Esq., offers a comprehensive suite of resources for those facing DUI charges or seeking to understand DUI laws in Las Vegas. These resources provide valuable information and strategies to help in such challenging times. Below are the resources available:
Las Vegas DUI Lawyer: Expert legal representation for DUI charges in Las Vegas, ensuring knowledgeable and robust defense. Learn more.
DUI Consequences: Detailed information on the potential repercussions of a DUI conviction, from legal penalties to personal implications. Learn more.
DUI License Suspension: Insight into the process and consequences of license suspension following a DUI charge, and how to navigate the situation. Learn more.
DUI Plea Bargain: Understanding the nuances of DUI plea bargains, how they work, and what they could mean for your case. Learn more.
Drug DUI: Guidance on handling DUI charges specific to drug use, including legal strategies and potential defenses. Learn more.
DUI Defense Strategies: Comprehensive strategies to defend against DUI charges, offering insights into legal options and defense mechanisms. Learn more.
Second Time DUI: Crucial information and legal strategies for those facing a second DUI charge, focusing on the increased stakes and potential consequences. Learn more.
Marijuana DUI: Legal insights into DUI charges involving marijuana, highlighting the unique aspects and defense strategies of such cases. Learn more.
Nevada DUI Law: A thorough overview of DUI laws in Nevada, providing a solid foundation for understanding the legal landscape and implications. Learn more.
Las Vegas Legal Alcohol Limit: Information on the legal alcohol limit in Las Vegas, an essential factor in DUI charges and defense. Learn more.
These resources are meticulously crafted to assist you through the complexities of DUI allegations and to provide support during challenging times. Each link leads to a detailed guide that can offer insights and assistance in understanding your legal options and rights.
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A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Reader,
Thank you for taking the time to read this helpful information about first-time DUIs in Nevada.
It can be stressful and confusing if you or a loved one are facing these charges.
Please know you are not alone – we are here to help guide you through this process.
My name is Molly, and I’m one of the caring attorneys at The Rosenblum Law Firm.
Our team of defense attorneys have the experience you need representing clients facing a first-time DUI.
We assist countless people in this situation every year, so you can trust we know all the most effective defense strategies.
If you have any other questions or want to discuss your case, please call us at (702) 433-2889 for a free consultation.
We are ready to review the details of your case, answer your questions, explain your options, and start building your most vigorous defense.
Don’t wait to get the effective legal help you deserve.
Call now or visit us online to schedule a free case evaluation. You can avoid a devastating DUI conviction with strong advocates by your side.
We’re here for you when you need us most!
Sincerely,
Molly Rosenblum, Esq.
The Rosenblum Allen Law Firm
