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Las Vegas DUI Attorney | Clark County Drunk Driving Lawyer

DUI

Drivers often believe that DUI charges only happen to other people. However, anyone who decides to get behind the wheel while intoxicated could be charged with a drunk or drugged driving offense.  The crimes are harshly prosecuted and can carry severe penalties.

In Nevada, a DUI conviction could mean jail or prison time, expensive fines, and a plethora of other requirements. Drivers could have their licenses suspended. The consequences of a DUI conviction often last longer than the court-issued punishments. Avoiding a life-changing conviction is crucial, and a skilled DUI defense lawyer can help.

Las Vegas DUI Attorney

If you have been charged with driving under the influence of drugs, alcohol, or a combination of substances, contact a Las Vegas DUI lawyer at The Law Offices of Jeffrey Jaeger. Your future is important and it is imperative you begin defending yourself against DUI charges immediately.

Jeffrey Jaeger can challenge the evidence against you, whether it is the results of a chemical test or the word of the arresting officer.  Jeffrey is passionate about helping his clients and seeking to have their charges reduced or dismissed.

The Law Offices of Jeffrey Jaeger represents people facing DUI charges in Las Vegas, Henderson, North Las Vegas, and throughout Clark County, Nevada. Call (702) 816-3888 to schedule a free consultation to discuss your charges.


Drunk Driving Charges Overview


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Legal Definition of Driving Under the Influence

According to Nevada Revised Statute 484C.110, it is unlawful for any person who is under the influence of an intoxicating liquor or has an alcohol concentration of 0.08 or more in his or her blood or breath to drive or be in actual physical control of a vehicle.

Additionally, the law states it is unlawful for a person under the influence of a controlled substance or a combination of substances to drive or be in actual physical control of a vehicle. This often is referred to as drugged driving or DUI with drugs. These controlled substances can include marijuana, cocaine, amphetamine, or heroin.

If a person is accused of being under the influence of alcohol while driving a commercial vehicle, he or she could be arrested for a DUI if test results show a concentration of alcohol of 0.04 or more in his or her blood or breath, according to Nevada Revised Statute 484C.120.

In these cases, it does not matter if the person appears sober. Simply having impaired faculties or a concentration greater than the legal limit could be enough to warrant an arrest for a DUI. Law enforcement officers can use a variety of tactics to determine if a person is intoxicated.


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Implied Consent Laws

When a person gets behind the wheel or is in actual physical control of a vehicle in Nevada, he or she has given consent to a test of his or her blood or breath to determine the concentration of alcohol in the their system, according to Nevada Revised Statute 484C.150.

A police officer can ask a person to submit to this chemical test at the scene of an accident or collision or during a traffic stop in which the officer believes the person could be driving while intoxicated.

Drivers can refuse the test, but it could mean additional consequences. Depending on the circumstances of a case, law enforcement officers could use force to have a blood sample taken. A refusal could mean having your driver's license suspended and other administrative penalties.

If a person fails to submit to a chemical test, the law enforcement officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, according to Nevada Revised Statute 484C.160.


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Penalties for DUI Offenses

The consequences of a DUI conviction in Nevada are determined by several different factors, including the offender's previous criminal record, his or her alcohol concentration at time of the offense, and if the DUI caused property damage or injury to another person. A first DUI carries fewer penalties than a second, third or subsequent one.

A person's DUI history is calculated from the date of his or her prior arrest to the date of the current arrest. This is used to determine how many convictions a person previously had. Some general DUI penalties for offenses within a seven-year period are listed below.

First Offense – Misdemeanor

  • Between two days and six months in jail
  • Fine between $400 and $1,000 plus additional fees
  • Mandatory alcohol abuse classes
  • Attendance at a victim's impact panel
  • Mandatory 90-day driver's license suspension

Second Offense – Misdemeanor

  • Between 10 days and six months in jail
  • Fine between $750 and $1,000 with additional fees
  • Treatment program
  • Attendance at a victim's panel
  • A one-year driver's license suspension

Third Offense – Category B felony

  • Between one and six years in a Nevada prison
  • Fine between $2,000 and $5,000 plus additional fees and assessments
  • Three-year driver's license revocation

The court also could impose other penalties, including community service, a mandatory ignition interlock device, civil penalties to the Department of Motor Vehicles, and whatever else it deems fit in each individual case. This could mean years of consequences and the burden of a DUI conviction hanging over your head.

If an accident related to driving under the influence cased substantial bodily harm or death, the DUI could also be charged as a felony.


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Administrative License Suspension Hearings

After an arrest for a DUI, the alleged offender could face having his or her license suspended. This is done through an administrative process that is separate of the criminal charges. The driver has seven days to challenge this suspension by requesting a hearing before the Office of Administrative Hearings with the Nevada Department of Transportation.

Before the hearing is scheduled, the department could grant a temporary license if the person has no other revocations or suspensions. The office then will subpoena the arresting officer and other parties it deems appropriate for the hearing.

The scope of a DUI administrative hearing is limited to the issue of whether the driver, at the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood, breath or urine, or whether there was a detectable amount of a controlled or prohibited substance as determined by a chemical test.  

Administrative hearings are conducted in the same manner as civil or criminal trials. An Administrative Law Judge presides over the hearing and he or she is responsible for rendering a decision. During the hearing:

  • Witnesses testify under oath;
  • Witnesses may be cross-examined;
  • The ALJ may consider physical evidence; and
  • The ALJ must consider all appropriate statutes, regulations, and case law.

Having a skilled DUI defense lawyer on your side could be beneficial when challenging the evidence against you. Jeffrey Jaeger has a critical understanding of evidence used in both civil and criminal matters.

A decision typically is issued within 30 days. If the judge decides to uphold the revocation, the driver would be mailed a separate notice that lists the beginning and ending dates of the revocation. The temporary license must be surrendered at a Nevada DMV office before the beginning date.

If a driver has been issued a temporary license, he or she still will be able to use it in that time. If the judge decides to rescind the revocation, the driver then would be cleared to obtain a driver's license from the DMV.

Regaining your license after a revocation sometimes can be a complicated process. SR-22 insurance coverage or other proof of financial responsibility first must be filed before a person can reapply for a license. He or she also could be required to take the written and driving portions of the driving test.


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Resources for DUI Charges

Nevada Department of Motor Vehicles: The state Department of Motor Vehicles issues driver's licenses, license plates, and vehicle registration for drivers throughout the state.

Alcoholics Anonymous: Alcoholics Anonymous, also called AA, is an international organization dedicated to helping men and women with alcohol abuse issues. It is considered a non-professional, self-supporting group where members meet and assist each other in overcoming alcoholism.

Nevada Highway Patrol: The Nevada Highway Patrol is responsible for policing the roadways throughout the state. This means being alert for drivers who could be under the influence, setting up checkpoints and patoling for other traffic violations.


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Finding A Clark County DUI Defense Lawyer

If you were arrested for a DUI or a drunk driving-related offense, contact Las Vegas DUI defense attorney Jeffrey Jaeger. Jeffrey knows what it takes to help his clients fight DUI charges by challenging the evidence against them. He can ensure your rights are protected. Contact The Law Offices of Jeffrey Jaeger at (702) 816-3888 to schedule a free initial consultation.