Driving under the Influence (NRS 484.379 – 484.394)
With the passing holidays, I felt it necessary to address the serious issue of DUI. It is inevitable that people will be out to have a good time and celebrate; nevertheless, hundreds of people every year are killed or injured in DUI accidents. I personally have dealt and experienced the horror and hardship associated with this phenomenon. I have seen the pain and suffering of both the victims as well as the person that caused it.
DRIVING UNDER THE INFLUENCE (DUI)
In Nevada, if within 2 hours after driving or being in actual physical control of a vehicle you are found to have a concentration of alcohol of 0.08 or more in your blood or breath, or have certain amounts of a controlled substance in your system, you are DUI. This means you don’t need to be wasted, blazed, faded, tore up, drunk, or even driving to be arrested for or convicted of DUI in Nevada. If you get in the vehicle with the keys in the ignition on public property and are under the influence, you can be arrested for DUI.
You can be arrested and DUI charges can be brought against a person who may appear normal, but who is above the legal limit of .08% BAC, meaning that it is illegal to be above a .08 no matter what the person's impairment level actually is.
Nevada has an implied consent law that governs DUI. All Nevada drivers have impliedly consented to a test of their blood or breath for alcohol content just by obtaining a Nevada driver's license or by driving on Nevada's roads. There is no more right in Nevada to refuse to provide a breath or blood sample if arrested for DUI. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a Nevada drunk driving case.
A Nevada DUI case can be prosecuted under any of the following theories (These must be proven beyond a reasonable doubt.):
1. By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs by using the officer's observations, including the manner of driving, field sobriety test, the way the driver appeared physically, and the chemical test (or refusal to take a chemical test, which is considered "consciousness of guilt" in a DUI case).
2. By proving the defendant was driving the vehicle at a time when his blood alcohol level (BAL) was .08% or greater. The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly, and that you were driving within TWO (2) hours of the chemical (breath or blood) test.
3. The state of Nevada has a statutory level of prohibited substances: amphetamine, cocaine, heroin or morphine, LSD, marijuana, methamphetamine, and PCP. If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription.
Penalties for DUI in NV
The penalties for driving under the influence depend on whether you have had a DUI conviction within the past SEVEN (7) years. The 7-year period is calculated from the prior DUI arrest date to the current DUI arrest date.
CONVICTION: If you plead no contest, plead guilty or are found guilty at trial you will be subject to the following judicial penalties:
DUI- 1st Offense
o JAIL: 48 hours up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time.
o FINES AND ASSESSMENTS: A minimum of $340.00 to a maximum of $1,175.00 (DUI fines and assessments).
o SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a 1st offense DUI results in a 90-day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after 45 days have passed.
o OTHER PENALTIES: The Court will always impose the requirement that you attend an 8-hour course of DUI school, a DUI assessment program with a $100.00 fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $40.00 fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three to six months.
DUI- 2nd Offense
o JAIL: Minimum of TEN (10) days up to SIX (6) months.
o FINES AND ASSESSMENTS: Fines and assessments of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00).
o LOSS OF LICENSE: ONE (1) year
o OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, DUI assessment program, treatment program, Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a THIRTY-FIVE DOLLAR ($35.00) civil penalty to the Department of Motor Vehicles.
DUI- 3rd or subsequent offense
Conviction of three or more DUI's within SEVEN (7) years of the date of the first DUI arrest is a FELONY.
o JAIL: A minimum of ONE (1) year to SIX (6) years in a Nevada State Prison.
o FINES AND ASSESSMENTS: TWO THOUSAND EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND EIGHTY-FIVE DOLLARS ($5,085.00).
o LOSS OF LICENSE: THREE (3) years
o OTHER PENALTIES: Breath interlock device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, THIRTY-FIVE DOLLARS ($35.00) civil penalties to the Department of Motor Vehicles.
Under 21
The blood alcohol limit is.02%. Your license will be revoked for 90 days, and you will be subject to criminal penalties (see above). You must pay $100 to have an alcohol evaluation done.
License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state.
Drug Offenses in DUI cases
While a DUI offense involving drugs may be prosecuted by the State as a misdemeanor, Nevada law specifies that possessing ANY amount of a controlled substance, for instance marijuana or cocaine, is a felony.
Driving on a Suspended License
If your license is suspended or revoked due to a DUI, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. You also could be ordered to pay a $1,000 fine and lose your driver's license for an additional year, without the opportunity to have a restricted license for driving to and from work.
DUI Accident that results in death or SBI
If you are convicted of a DUI offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first DUI. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE THOUSAND DOLLARS ($5,000).
DUI School
At least 8 hours of "DUI school," either 4 two hour or 1 eight hour session. If your BAC is .18 or higher, you may be required to obtain a Bureau of Alcohol and Drug Abuse evaluation and further counseling (AA or NA), as ordered by the court. The higher your BAC, the more hours you will have to take.
Insurance
Upon conviction, your insurance rates will probably increase dramatically, and your carrier may drop you, forcing you to find a carrier that offers less coverage for even more money.
Conclusion
Although the result of getting caught may look bleak, with the help of an attorney it’s possible to resolve the case in most cases with minimal consequences. Keep in mind that while the attorney’s goal is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition, this is not always possible due to uniqueness of each case.
So, I hope I have addressed this issue adequately and I hope that having read this, more care is taken when deciding to get behind the wheel.
I encourage all of you to send questions or comments regarding this or any other legal matter to legallyspeaking@smashmagazine.com. I look forward to answering more legal questions in the next issue.
Remember, “Ignorance of the law is no excuse.” Until then, be safe, be kind, and be good.
The information contained in this article is for general guidance on matters of interest only. Given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in information contained in this article. Accordingly, the information on this article is provided with the understanding that the authors and publishers are not herein engaged in rendering legal, or other professional advice and services. As such, it should not be used as a substitute for consultation with legal advisors.
While we have made every attempt to ensure that the information contained in this article has been obtained from reliable sources, Smash Magazine is not responsible for any errors or omissions, or for the results obtained from the use of this information. In no event will Smash Magazine, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this article.
