Arrest and Release in a Las Vegas DUI Case
When you are arrested for driving under the influence (DUI) in Las Vegas, the process begins long before you ever step foot in a courtroom. The arrest itself—and the manner of your release—can significantly impact your ability to defend your case. Whether you were stopped on the Strip, in a residential neighborhood, or pulled over on the freeway, the legal procedures following a DUI arrest in Nevada are complex and often intimidating. Understanding what happens during arrest and release is critical to protecting your rights and setting the stage for a successful defense.
At Hofland & Tomsheck, Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney in Clark County, brings decades of experience to defending DUI charges. He handles every phase of the DUI case personally, beginning with a careful analysis of the arrest and release process to identify constitutional violations, procedural errors, or grounds for dismissal.
The DUI Arrest Process in Las Vegas
1. The Traffic Stop
Most DUI cases begin with a traffic stop by law enforcement. Officers may claim to have observed:
- Erratic driving or weaving
- Speeding or traffic violations
- Vehicle equipment issues (e.g., broken tail light)
If the officer suspects intoxication, they will begin a DUI investigation, which may include:
- Questioning the driver
- Administering field sobriety tests (FSTs)
- Requesting a preliminary breath test (PBT)
2. Probable Cause for Arrest
To make a DUI arrest in Nevada, officers must establish probable cause that you were driving under the influence. This may be based on:
- Performance on field sobriety tests
- Slurred speech, bloodshot eyes, odor of alcohol
- Breathalyzer results above 0.08%
- Refusal to submit to testing
If probable cause is established, you will be taken into custody and transported to jail—usually the Clark County Detention Center (CCDC) or the Las Vegas City Jail, depending on whether the arresting agency was Metro, NHP, or Las Vegas Municipal Police.
Post-Arrest Testing Requirements
Once arrested, Nevada law requires that you submit to a chemical test—either a blood test or evidentiary breath test—under Nevada’s implied consent law (NRS 484C.160). Officers may offer you a choice, but if you refuse:
- They may obtain a warrant for a forced blood draw
- You may face additional license penalties
These test results are often the foundation of the prosecution’s case, and experienced DUI lawyers like Josh Tomsheck scrutinize every aspect of the testing procedure—from the time of draw to chain of custody—to find potential defenses.
Booking and Processing
Following the arrest and testing, you will be:
- Booked into jail (photographed, fingerprinted, personal property inventoried)
- Placed in a holding cell or general population
- Held for a minimum time (often 12 hours) if BAC was elevated or if domestic violence is also charged
You will be issued a citation or formal complaint, and in misdemeanor cases, may receive a future court date and be released—either with or without bail.
Release from Custody in Las Vegas DUI Cases
1. Citation Release (No Bail)
In many first-time misdemeanor DUI arrests, particularly in Las Vegas Municipal Court cases, individuals are released on their own recognizance (O.R.). This means:
- No money is required
- You sign a promise to appear in court
- You are free to leave once processing is complete
Citation release is common when:
- You have no prior criminal history
- Your BAC was not excessively high
- There was no accident or injury
- You were cooperative with law enforcement
2. Bail Release
In more serious cases, the jail may require bail before release. Bail is essentially a financial guarantee that you will return to court. Bail amounts vary based on:
- Whether it’s your first, second, or felony DUI
- Presence of aggravating factors (e.g., injury, accident, child in car)
- Prior failures to appear
A standard first-offense DUI bail in Las Vegas is often set around $2,000 to $3,000, but higher for felony DUIs or DUI causing injury.
Josh Tomsheck and his legal team work quickly to arrange bail or request an expedited bail hearing if you are being held on excessive or unwarranted bail.
3. Bail Bond Process
If bail is required and you cannot afford the full amount, you can use a bail bond service, which typically charges 15% of the total bail amount (non-refundable). The bond company guarantees your appearance in court and assumes liability for the full amount if you fail to appear.
Attorney Tomsheck has strong relationships with trusted Las Vegas bail agencies and can help you or your family secure quick release.
Felony DUI Arrests: Higher Stakes and Stricter Release Conditions
Felony DUI cases—including DUI 3rd offense, DUI causing substantial bodily harm or death, and DUI with a prior felony DUI conviction—typically involve:
- Higher bail amounts ($10,000 to $100,000+)
- Detention without bail in some cases
- More stringent pretrial release conditions, such as:
- Alcohol monitoring bracelets (SCRAM)
- Random drug and alcohol testing
- No driving orders
- No alcohol consumption
In these cases, the sooner you contact an experienced DUI attorney like Josh Tomsheck, the better your chances of seeking a bail reduction motion or securing supervised release under manageable terms.
How Attorney Josh Tomsheck Can Help Immediately After a DUI Arrest
Hiring a DUI defense attorney early in the process can significantly impact your case. At the arrest and release stage, Josh can:
- Advocate for citation release or lower bail
- Arrange for private or expedited release from jail
- Begin immediate investigation into the legality of your stop, arrest, and testing procedures
- Protect your rights at every stage
- Prepare for the DMV license suspension hearing, which must be requested within 7 days of arrest
Josh’s deep understanding of law enforcement protocols—as a former prosecutor who trained police officers on DUI enforcement—gives him a strategic edge in identifying errors and inconsistencies in the arrest process.
Special Considerations for Tourists and Out-of-State Drivers
Las Vegas is a global tourist destination, and DUI arrests of out-of-state visitors are common. If you are from another state and were arrested while visiting:
- You may still face prosecution in Nevada
- Your license may be suspended in both Nevada and your home state
- Your release may be conditioned on returning for court
Josh Tomsheck routinely represents visitors arrested for DUI and often appears on their behalf in court, minimizing the need for expensive return travel. In many cases, he is able to resolve misdemeanor DUI charges without the client ever having to appear in person.
What Happens Next After Release?
Once released from custody, you will be given a court date for your initial appearance or arraignment, usually within 30-45 days. You must:
- Appear in court (unless your attorney appears on your behalf)
- Request a DMV hearing within 7 days to contest license suspension
- Begin preparing your defense
Failure to appear can result in a bench warrant, additional charges, and forfeiture of bail. Attorney Tomsheck ensures you meet all deadlines and helps navigate every stage of the process with clarity and confidence.
Immediate Next Step: Contact a DUI Defense Attorney
The time between a DUI arrest and your first court appearance is crucial. Whether you were released on bail, citation, or are still in custody, taking immediate legal action can protect your rights, license, and future.
Josh Tomsheck is available 24/7 for DUI emergencies, including weekend and late-night arrests. If you or a loved one has been arrested, contact Hofland & Tomsheck at (702) 895-6760 now to speak with one of Las Vegas’s top DUI defense lawyers.