Are DUI Charges Criminal Offenses in Nevada?

Understanding the Seriousness of DUI and Why You Need Josh Tomsheck to Defend You

If you’ve been arrested for Driving Under the Influence (DUI) in Las Vegas or anywhere in Nevada, you may be wondering—is this just a traffic violation, or is it something more serious?

Let us be clear: DUI is a criminal offense in Nevada, not a civil infraction or simple ticket. Even a first-time DUI is charged as a misdemeanor, and the consequences can be life-changing. If the offense involves repeat arrests, injury, or death, you may be facing a felony conviction and years in state prison.

When your record, license, freedom, and future are on the line, you need a skilled criminal defense attorney with deep experience in DUI cases. Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney in Clark County, has successfully defended hundreds of DUI cases—from first-time arrests to high-stakes felony charges involving injury and death.

Is DUI in Nevada a Criminal Charge?

Yes. Nevada law classifies all DUI offenses as criminal, whether the charge is filed as a misdemeanor or a felony. A conviction will result in a permanent criminal record and can carry penalties including jail time, license suspension, mandatory education or treatment programs, and significant fines.

Common DUI Charges in Nevada Include:

• First Offense DUI (NRS 484C.110) – Misdemeanor
• Second DUI Within 7 Years (NRS 484C.400) – Misdemeanor with enhanced penalties
• Third DUI Within 7 Years (NRS 484C.400) – Felony
• DUI Causing Substantial Bodily Harm or Death (NRS 484C.430) – Felony
• Vehicular Homicide (NRS 484C.440) – Felony punishable by 25 years to life in prison

Even if your DUI arrest didn’t involve an accident, injury, or prior conviction, you are facing criminal prosecution and should treat your case accordingly.

Misdemeanor DUI: Still a Serious Criminal Offense

A first DUI may be a misdemeanor, but that doesn’t mean it’s minor. Misdemeanor DUI penalties in Nevada include:

• Jail time: 2 days to 6 months (may be suspended)
• Fines: $400 to $1,000 (plus court fees and assessments)
• DUI School: Mandatory attendance at alcohol awareness classes
• License Suspension: 185 days (with the possibility of a restricted license)
• Ignition Interlock Device: Required for 6 months to 1 year
• Victim Impact Panel: Required by statute
• Permanent Criminal Record

A misdemeanor DUI conviction can affect your job, insurance rates, background checks, professional licenses, and ability to travel internationally.

Felony DUI in Nevada: Long-Term Consequences

DUI cases become felonies under the following circumstances:

• Third DUI in 7 Years
• DUI with Serious Injury or Death
• Vehicular Homicide
• Prior Felony DUI Conviction

Penalties for felony DUI charges include:

• 1 to 6 years in Nevada State Prison (for third offense)
• 2 to 20 years in prison (for DUI with injury or death)
• 25 years to life (for vehicular homicide)
• Fines from $2,000 to $5,000
• 3-year license revocation
• Felony conviction on your permanent criminal record

These cases demand high-level legal representation, especially when blood or breath evidence, accident reconstruction, or causation of injuries is in dispute.

Josh Tomsheck is Supreme Court Rule 250 qualified, meaning he is certified to handle the most serious felony and homicide-level DUI charges in Nevada. He’s taken DUI cases all the way to trial—and won.

DUI Charges Come with Collateral Consequences

In addition to the criminal penalties imposed by the court, a DUI conviction may also result in:

• Driver’s license suspension or revocation
• Employment loss or disqualification from job opportunities
• Loss of security clearance or professional licensing
• Increased insurance rates or policy cancellation
• Immigration consequences, including visa denial or deportation
• Travel restrictions to countries like Canada
• Reputation damage in your community and personal life

A DUI conviction—whether misdemeanor or felony—can follow you for years. That’s why your choice of attorney matters more than ever.

How Josh Tomsheck Builds a DUI Defense

Every DUI case is different. The facts, evidence, and procedural steps involved will determine the strongest defenses available. Josh Tomsheck personally handles every case, carefully reviews the arrest report, testing procedures, and legal issues involved, and develops a defense strategy tailored to your unique circumstances.

Common DUI Defense Strategies Include:

• Challenging the legality of the traffic stop
  If the officer lacked reasonable suspicion to pull you over, all evidence gathered after the stop may be suppressed.
• Invalid field sobriety testing procedures
  FSTs are often performed incorrectly or interpreted unfairly. Medical conditions, fatigue, or nervousness can mimic signs of intoxication.
• Improper breath or blood testing
  Calibration errors, contamination, or mishandled samples can lead to faulty results. Josh works with toxicology and forensic experts to expose unreliable testing.
• Violation of Miranda rights or unlawful interrogation
  If you were interrogated without proper warnings, your statements may be inadmissible.
• Rising blood alcohol content (BAC)
  Your BAC may have been under the legal limit when driving, and only increased afterward due to alcohol absorption.
• Medical defenses
  GERD, diabetes, or other conditions can mimic impairment or cause false positives on breath tests.

Josh has successfully used each of these defenses to secure dismissals, reductions in charges, or complete acquittals for his clients.

Josh Tomsheck: The DUI Lawyer You Want in Your Corner

Attorney Josh Tomsheck is not just any criminal defense lawyer. He’s:

• Nationally Board Certified in Criminal Trial Law by the NBTA
• A former Chief Deputy District Attorney in Clark County, with insider knowledge of how DUI cases are prosecuted
• A registered specialist in criminal law with the State Bar of Nevada
• A member of the National College for DUI Defense
• A life member of the National Association of Criminal Defense Lawyers
• A seasoned trial attorney who has handled thousands of DUI cases

When police officers, professionals, athletes, and fellow attorneys are charged with DUI in Las Vegas, they call Josh Tomsheck. His courtroom reputation, strategic expertise, and scientific understanding of DUI law set him apart from the rest.

First-Time DUI Offenders: Don’t Plead Guilty Without a Fight

Many people facing a first-time DUI charge assume they should just plead guilty and “get it over with.” That’s a mistake. There are real consequences to even a first DUI conviction—including a lifelong criminal record.

In many cases, Josh Tomsheck can negotiate a favorable plea deal, challenge the arrest, suppress the evidence, or even secure a complete dismissal. He has achieved hundreds of not guilty verdicts, dismissals, and reductions in DUI cases just like yours.

Don’t throw away your rights without speaking to a lawyer first.

Felony DUI? Your Freedom May Depend on the Attorney You Choose

Felony DUI charges carry the potential for years in prison, lifetime consequences, and enormous financial costs. Prosecutors in Las Vegas take these cases seriously—and so should you.

Josh Tomsheck is one of the few defense attorneys in Nevada qualified to serve as lead counsel in capital and life-sentence cases. He knows how to challenge DUI evidence at the highest level and has the experience and resources to fight for your freedom.

Arrested for DUI in Las Vegas? Here’s What to Do Next:

1. Don’t talk to police without a lawyer present.
2. Do not plead guilty at your arraignment.
3. Save all paperwork related to your arrest, bail, and testing.
4. Write down everything you remember from the traffic stop and arrest.
5. Contact Josh Tomsheck immediately for a free consultation.

Time is critical. Early intervention can make the difference between conviction and acquittal.

Call Josh Tomsheck Now to Fight Your DUI Charge

Whether it’s your first DUI or a felony charge involving injury or death, Josh Tomsheck has the experience, expertise, and courtroom skill to defend you. He understands the stakes—and he’s ready to protect your rights from the moment you call.

📞 Call 702-895-6760 now for a free and confidential DUI defense consultation.

Available 24/7. Offices in Downtown Las Vegas.

Serious Charges Require Serious Defense