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Driving under the influence of drugs or alcohol is a serious offense and carries harsh penalties. Additionally, the DUI charge applies to prescription and over-the-counter remedies when taking them keeps you from safely driving your car. Being charged with a DUI does not have to ruin your life, but there are some things you should know: |
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THREE DUI LAWS |
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Sooner or later everyone is bound to get a traffic ticket. Receiving a ticket can often mean taking several hours, if not days, off of work, waiting in long lines, and paying high court fines. Additionally, failing to properly negotiate a traffic ticket could result in points against your record (this should hyperlink internally to the demerit point system below) and increases in your insurance (this should hyperlink to the insurance increases section below). Getting a ticket doesn't have to be a disaster, and here are some things you should know:
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Demerit System |
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Illegal Per Se Law - means that operating of a vehicle with a blood alcohol content (BAC) at or above the legal limit is an offense of impaired driving in and of itself. Nevada’s BAC limit is .02 for individuals under 21, .04 for commercial drivers, and .08 for everyone else. Even if your BAC is lower than the legal limit, you can still be arrested and/or cited for having a lower―but still detectable―amount of alcohol in your system. (NRS 484.379)
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Implied Consent Law – You Cannot Refuse Testing! Driving or operating a vehicle under the influence of drugs or alcohol means you have already given your consent to be tested. Refusing to allow law enforcement to conduct a test is grounds for arrest and law enforcement may use reasonable force to obtain blood samples.
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Open Container Law - It is illegal to drive a vehicle with an opened alcoholic beverage anywhere in the car. It doesn't apply, however, to the living areas of a motor home or RV, or the passenger areas of buses, taxis, and limousines. If you are driving under the influence with minors under the age of 15 in your car, that will be considered an "aggravating circumstance" and will undoubtedly result in harsher penalties.
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DUI PENALTIES |
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Getting a DUI comes with two different types of consequence: administrative and criminal. The DMV will impose its own penalties (administrative) and may include suspending your license, paying fines to the DMV and retaking DMV administered tests including vision, written and driver’s skills tests.
Criminal penalties are the penalties imposed by the state and get more serious with each offense. Additionally, penalties for drivers under 21 and commercial drivers are often greater. For a first offense DUI, you could face the following penalties:
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Driver license revoked for 90 days (after 45 days, you may be eligible to apply for a restricted license that will enable you to drive to work and back),
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Jail sentence of at least two days and up to six months, or 96 hours of community service
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Fine of at least $400 and up to $1,000;
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Mandatory attendance at DUI school
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Possible order to attend a substance-abuse treatment program.
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Victim Impact Panel
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Chemical Testing
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YOUR DRIVING RECORD |
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A DUI arrest and/or conviction can remain in your criminal history for the rest of your life. Additionally, DMV reports DUI convictions to insurance companies and employers for three years. Let Traffic Angels Attorneys Fight For You. Contact Our Offices Today or go to the appointment calendar to schedule your free initial consultation. |
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