In Nevada, you can be charged with DUI for willfully and unlawfully driving or being in actual physical control of a motor vehicle on a highway or on premises to which the public has access, while under the influence of intoxicating liquor, and/or controlled substance, and/or prohibited substance, and/or while having a concentration of alcohol of 0.08 or more in your blood or breath (0.04 or more if you have a commercial driver's license and you were driving a commercial vehicle), and/or while having a concentration of alcohol of 0.08 or more in your blood or breath (0.04 or more if you have a commercial driver's license and you were driving a commercial vehicle), within two hours after driving or being in actual physical control of a motor vehic1e, in violation of Nevada Revised Statutes 484.379.
What are my rights if I am accused of DUI in Nevada?
If you are accused of DUI in Nevada, you have the following important constitutional rights:
A. The right to a speedy and public trial;
B. The right to require the prosecution to prove the charge(s) against you beyond a reasonable doubt;
C. The right to confront and cross examine (question) all witnesses against you;
D. The right to subpoena witnesses to testify and to compel their attendance at the trial;
E. The right to remain silent and to not be forced to testify if there were a trial; and
F. The right to appeal a conviction following trial, except on constitutional or jurisdictional grounds.
What happens if I plead guilty or no contest to DUI in Nevada?
If you plead guilty or no contest to DUI, you are admitting that the prosecution could prove the allegations contained in the criminal complaint against you. In addition, any prosecuting agency could use the DUI conviction (and any other prior DUI conviction within the past seven years from Nevada, or any other state), to enhance the penalty for any subsequent DUI offense.
Further, if you are not a citizen of the United States at the time of the DUI conviction, you may, in addition to other consequences, be removed, deported or excluded from entry into the United States, or denied naturalization.
Finally, it is critical that you understand that sentencing is entirely up to the court, regardless of the negotiations contained in a guilty plea agreement, and the following penalties may apply.
First DUI conviction within seven years
A first offense DUI conviction within seven years is considered to be a misdemeanor in Nevada. The following penalties apply:
At least two days, but not more than six months in jail, or from at least 48 to 96 hours of community service;
Fines ranging from $400.00 to $1,000.00, and additional fees and assessments that are required by Nevada law;
Mandatory completion of DUI school, at your expense;
Mandatory attendance at a Victim Impact Pane1 program.
If you had a concentration of a1cohol of 0.18 or more in your blood or breath, or if you were under the age of 21 when you committed the DUI offense, the court, before sentencing, will require an alcohol and/or drug dependency evaluation, and you will be assessed a $100.00 fee for the evaluation.
First DUI conviction - additional requirements
In addition to the above, the court may order you to install a breath interlock device on any vehic1e you either own or operate, from at least three to six months, at your expense, if you were found to have had a concentration of alcohol of less than 0.18 in your blood or breath.
The court may order you (for a period of time set out by the court), to install a breath interlock device in any motor vehicle which you own or operate as a condition of reinstatement of your driver's license, at your expense. Further, if you had had a concentration of alcohol of 0.18 or more in your blood or breath, the court must order you to install a breath interlock device on any vehicle you own or operate, for a period of 12 to 36 months, and order you to attend an alcohol and/or substance abuse treatment program. Further, the Nevada Department of Motor Vehicles (DMV) will revoke or suspend your driver's license for 90 days, and will impose a $35.00 penalty.
Second DUI conviction within seven years
A second offense DUI conviction in Nevada is also considered to be a misdemeanor. The following penalties apply:
A minimum of from ten days to six months in jail, or in residential confinement;
A fine of no less than $750.00 and up to $1,000.00, in addition to fees and assessments assessed by the court that are required by statute, or an equivalent number of hours of community service; Mandatory attendance at the Victim Impact Panel.
In addition, before sentencing, the court will require you to undergo an alcohol and/or drug dependency evaluation, and you will be assessed a $100.00 fee for the evaluation.
Further, the DMV will revoke or suspend your driver's license for a minimum of one year, they will impose a $35 civil penalty, and suspend your registration for at least five days. If you were found to have had a concentration of alcohol of less than 0.18 in your blood or breath, the Court may order additional requirements (see above penalties for DUI first offense).
Third DUI conviction within seven years
If you are convicted of DUI for a third time within seven years, the following penalties apply:
Incarcerated in the Nevada State Prison for at least 1 year, but not more than 6 years, and probation is not an option for you;
A minimum fine of $2,000.00 and a maximum fine of $5,000.00, in addition to fees and assessments required by statute;
Required attendance at the victim impact panel.
The Court will also order that a breath interlock device be installed on any vehicle you own or operate, at your expense, for a period twelve to thirty six months from the time you are released from prison.
Further, the DMV will revoke or suspend your driver's license for at least three years, they will impose a $35.00 civil penalty, and suspend my registration for at least five days.
Before sentencing, the Court will require you to be evaluated to determine whether you abuse alcohol and/or drugs and whether you can be successfully treated for that condition.
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