Lake Tahoe Nevada DUI Defense Attorney
Nevada Law prohibits driving or being in control of a motor vehicle while impaired by alcohol and/or drugs. If you are charged with a Nevada DUI contact the Law Office of Adam T. Spicer today for a free consultation.
Nevada Revised Statues
NRS 484C.110
- It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access if that person:
- Is under the influence of an intoxicating liquor;
- Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
- Is found by measurement within 2 hours of after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
- It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access if that person:
- Is under the influence of a controlled substance;
- Is under the combined influence of intoxicating liquor and a controlled substance;
- Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle.
- It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access if that person has an amount of prohibited substance in his or her blood or urine that is equal to greater than the listed values (per se legal limits).
Per Se Legal Limits
- A Per Se Legal Limit is a measurable amount of a substance, which if proved, the State does not have to prove actual intoxication or impairment. If the State can prove a Defendant is at or above a Per Se Legal Limit, then that person can be convicted of DUI.
- Nevada is just like every other state in the nation with a Per Se Legal Limit for alcohol of 0.08%.
- Nevada also has per se legal limits for controlled substances. Drivers must be very careful in Nevada because many forensic experts have stated that the Per Se Limits are the minimum amounts detectable in a drug test.
- Nevada has set Per Se Limits for the following substances: (maybe list these out in 2 small columns) Amphetamine, Cocaine, Cocaine metabolite, Heroin, Heroin metabolite, Morphine, Lysergic acid diethylamide (LSD), Marijuana, Marijuana metabolite, Methamphetamine, Phencyclidine
DUI Penalties
First Offense
- The following are possible consequences for a first offense DUI within 7 years
- Minimum of 2 days in jail and a maximum of 6 months in jail
- In place of jail the court can allow not less than 48 hours but not more than 96 hours of community service in distinctive garb
- A fine of $400 to $1000
- Mandatory DUI school
- MADD Victim Impact Panel
- 90 day license suspension
Second Offense
- The following are possible consequences for a second offense DUI within 7 years
- Minimum of 10 days in jail and a maximum of 6 months in jail
- A fine of $750 to $1000
- Mandatory DUI school
- MADD Victim Impact Panel
- One year license suspension
- Possible mandatory installation of an ignition interlock device
Third Offense
- A third offense DUI within 7 years is a Felony Offense in the state of Nevada. The following are possible consequences:
- State prison sentence of 1 year to 6 years
- A fine of $2000 to $5000
- 3 year license revocation
Nevada DMV Consequences
- Nevada DMV will suspend the driving privilege of a Nevada driver’s license holder for 90 days for a first offense DUI.
- In Nevada, the suspension begins 7 days after arrest.
- Nevada license holders can request a hearing before the DMV to contest the suspension, but the request does not place a stay on the suspension like it does in California.
- Most drivers will be eligible for a restricted license after 45 days of the license suspension.