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Nevada drunk driving basics

Drivers who face operating under the influence charges in Nevada should prepare a criminal defense, as serious consequences may follow a conviction. For example, the first DUI conviction is a misdemeanor punishable by up to six months imprisonment and a $1,000 fine. It has minimum penalties of two days incarceration or 48 to 96 hours of community service, as well as mandatory attendance at DUI course.

A second offense within seven years is also a misdemeanor punishable by 10 days to six months imprisonment and a fine of $750 to $1,000. A third offense within seven years is a felony with a sentence of one to six years of incarceration and a $2,000 to $5,000 fine. In the alternative, probation is sometimes imposed.

A felony DUI can also result from an accident resulting in a fatality or where a person suffers substantial harm. A defendant may be sentenced from two to 20 years for each death or injury and fined $2,000 to $5,000. Probation is unavailable for this specific felony conviction.

Conviction for a first DUI mandates license suspension for 90 days, while a one-year suspension is imposed for a second conviction. Conviction of a third offense or a DUI resulting in death or serious injury requires a three-year suspension. Courts may partially reinstate the license for work and require the installation of an ignition interlock device.

A motorist may be charged with driving under the influence of alcohol if they are found to be driving with a blood alcohol content level of at least .080 and presenting a breath or blood sample of at least .080 BAC within two hours after driving. Police may charge a motorist with a BAC level below .080 if they can show that the driver was driving while under the influence of alcohol and was incapable of driving safely or in physical control. The results of blood and field sobriety tests may result in charges stemming from drugged driving, too. Although the police may conduct field sobriety tests to test a suspect's concentration and coordination, it is worth noting that a motorist does not have to consent.

Those who are accused of drugged or drunk driving need to consider consulting an attorney immediately to ensure that they protect their rights. A lawyer may help challenge evidence and penalties at hearings, ensuring that an accused individual stands the best possible chance given the circumstances to reach as favorable of a resolution as is possible.

Source: State Bar of Nevada, "Informational Brochure-DUI," Accessed June 18, 2017

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