DUI Defense Attorney in Las Vegas:

Top Las Vegas DUI Lawyer Answers Your Questions About the Best Defense for Your DUI Case

If you or a loved one has been arrested or cited for driving under the influence (DUI) in Las Vegas, you’re likely overwhelmed with questions, fears, and uncertainty about what comes next. DUI charges in Nevada—even a first offense—can lead to harsh consequences, including jail time, loss of your driver’s license, expensive fines, mandatory DUI school, and lasting damage to your record.

Attorney Josh Tomsheck, founder of the Las Vegas DUI Defense Center at Hofland & Tomsheck, is a Nationally Board-Certified Criminal Defense Lawyer, a Certified Specialist in Criminal Trial Law registered with the State Bar of Nevada, and a Life Member of the National College for DUI Defense. With decades of experience and hundreds of DUI victories—ranging from complete dismissals to not guilty verdicts—Josh has earned a reputation as one of the top DUI defense lawyers in Las Vegas.

He has defended DUI charges in both Las Vegas Justice Court and Las Vegas Municipal Court, as well as courts in North Las Vegas, Henderson, Boulder City, and throughout Nevada. This guide answers the most common questions clients ask after being arrested for DUI and explains how having an experienced lawyer like Josh Tomsheck can make all the difference.

Do I need a lawyer for a DUI in Las Vegas?

Yes. Even a first-time DUI charge in Las Vegas can have life-altering consequences. You face possible jail time, fines, mandatory DUI school, license suspension, and a permanent criminal record. A knowledgeable DUI attorney can challenge the legality of the traffic stop, the reliability of field sobriety tests, and the accuracy of breath or blood testing. These defenses may result in reduced charges—or even a full dismissal.

Josh Tomsheck has successfully defended hundreds of clients facing DUI charges in Nevada. Don’t try to navigate this complex process alone.

Can I get a good plea deal without an attorney?

While prosecutors may offer you a “standard deal,” these offers often involve a guilty plea and harsh penalties. Prosecutors are not looking out for your best interests. Without an experienced defense attorney reviewing your case, you won’t know whether a better outcome is possible—such as reduced charges, dismissal, or entry into a diversion program.

Josh Tomsheck regularly negotiates non-DUI resolutions, reduced charges, or even complete dismissals based on legal flaws in the case.

I know I was drinking and driving. Shouldn’t I just plead guilty?

No. Just because you had alcohol in your system doesn’t mean you are guilty of DUI under Nevada law. The State still must prove beyond a reasonable doubt that you were impaired or over the legal limit while operating a vehicle.

Attorney Tomsheck has secured not guilty verdicts for clients who initially believed they had no defense. Don’t plead guilty until your case is reviewed by a professional.

I admitted I was drinking. Do I even have a defense?

Yes. An admission of drinking does not equal an admission of guilt for DUI. The key question is whether you were impaired to the point that it affected your ability to safely drive. There are many strategic and legal defenses to DUI charges, even when someone has made statements to the police.

Josh Tomsheck is a former prosecutor who understands how confessions are used and how they can be challenged.

Should I just ask for a public defender in my DUI case?

Public defenders in Las Vegas work hard, but they are overburdened with hundreds of cases and often can’t devote the time necessary to thoroughly investigate and challenge a DUI case. If your freedom, your license, or your job is on the line, having a private DUI specialist like Josh Tomsheck gives you the advantage of individualized strategy, courtroom experience, and thorough attention to your case.

Do I have to go to court, or can my lawyer go for me?

In most misdemeanor DUI cases in Las Vegas Justice Court or Las Vegas Municipal Court, Josh Tomsheck can appear on your behalf, allowing you to avoid the inconvenience and stress of multiple court appearances—especially if you’re from out of town or have professional obligations.

For felony DUI cases, personal appearances are usually required, but having a highly experienced DUI attorney ensures your rights are protected at every stage.

I want the best DUI lawyer. Who is that?

Josh Tomsheck has been consistently recognized as one of Las Vegas’ top DUI attorneys. He is:

• A Nationally Board-Certified Criminal Trial Lawyer
• A Certified Specialist in Criminal Law registered 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 Former Chief Deputy District Attorney in Clark County
• A Member of the DUI Defense Lawyer’s Association
• A Mountain States Super Lawyer
• The recipient of the Lifetime Achievement Award by America’s Top 100 Attorneys
• A multi time winner of the Legal Excellence Award by Vegas Legal Magazine
• A published author of Nevada Criminal Law and Procedure – LexisNexis.
• The founder of the LV NV DUI Defense Center

He has defended everyone from celebrities and professional athletes to fellow attorneys, business executives, and everyday citizens—with hundreds of cases dismissed or reduced.

I want a guarantee that my case will be dismissed. Can you guarantee results?

No ethical attorney can guarantee a specific outcome in any criminal case. What Josh Tomsheck guarantees is that whatever the very best outcome in your case is, he will find a way to get it. This is based on the decades of DUI trial and negotiation experience, personalized strategy, and tenacious representation he brings to your defense. His track record of results speaks for itself.

Do I need to come to your office or can I hire you without coming in person?

You can hire Josh Tomsheck without visiting the office. We offer remote consultations via phone or Zoom, and many clients retain us entirely over the phone or online. We understand that out-of-town clients, tourists, and business travelers arrested in Las Vegas need efficient, professional help—fast. We believe in our clients being comfortable with their decision and we work to ensure that happens in every case.

How much do you charge to defend a DUI?

Fees depend on the complexity of the case and whether it is a first-time DUI, repeat offense, or felony DUI. We offer transparent pricing, flat-fee arrangements, and although we do not have pre-set payment plans like some discount lawyers, we understand that the hiring of a lawyer is an often unexpected expense, so just ask, we are happy to discuss a payment arrangement tailored to your needs and circumstances. You’ll know exactly what to expect before we begin.

Call today for a confidential quote based on your specific situation.

Will I lose my driver’s license for getting arrested for DUI?

Not automatically—but you must act quickly. You have only 7 days from your arrest to request a hearing with the Nevada DMV to challenge your license revocation. If you miss that window, your license will be revoked regardless of what happens in court.

Attorney Tomsheck can represent you at both the criminal court and DMV hearing to fight for your license.

I think I was under the legal limit. Can I still get a DUI?

Yes. In Nevada, you can be charged with DUI in two ways:

1. Per se DUI – if your BAC (blood alcohol concentration) is 0.08% or higher.
2. Impairment DUI – if the officer believes you were driving while impaired, even if your BAC is under the limit.

Attorney Tomsheck has successfully challenged low-BAC DUI cases by proving there was no actual impairment.

I was arrested for DUI but didn’t drink anything. How is that possible?

You may have been charged with DUI for drugs or prescription medications, which Nevada law treats similarly to alcohol DUIs. A DUI charge can stem from:

• Prescription drugs
• Over-the-counter medications
• Controlled substances (even if legally prescribed)

If no alcohol was involved, Josh will explore toxicology errors, illegal stops, and medical defenses.

I was charged with a DUI but only took pills. Is that possible?

Yes. Drug DUI charges (often called DUID) can be based on legal or illegal pills. The State must prove that the substance impaired your ability to drive. Many prescription drugs have side effects that are mistaken for impairment, and blood tests are often flawed or misinterpreted.

Josh Tomsheck has defended numerous DUI Drug and Prescription DUI cases, exposing scientific flaws in the prosecution’s case.

Can I get a DUI for marijuana even if it’s legal in Nevada?

Yes. Recreational marijuana is legal in Nevada, but driving under the influence of marijuana is still a criminal offense. Even if you are a medical or recreational user, you can be charged if law enforcement believes you were impaired.

Josh Tomsheck understands the nuances of marijuana DUI law, including the lack of clear THC impairment standards and problems with testing.

I was arrested for DUI—what am I facing?

You are facing both criminal and administrative penalties. These may include:

• Jail time
• Fines
• Community service
• DUI education
• Victim impact panels
• Ignition interlock device
• License suspension

Attorney Tomsheck will review the facts of your case and help you understand exactly what penalties you’re up against—and how to fight them.

What are the penalties for a 1st offense DUI?

In Nevada, penalties for a first offense DUI (within 7 years) include:

• 2 days to 6 months in jail (or community service)
• $400 to $1,000 in fines
• DUI school
• Victim Impact Panel
• License revocation for 185 days
• Ignition Interlock Device (if BAC ≥ .08)

Josh Tomsheck often gets first-time DUI charges reduced to lesser offenses like reckless driving—or dismissed entirely.

This is my 2nd DUI—what am I facing?

For a second offense DUI within 7 years, penalties are more severe:

• 10 days to 6 months in jail
• Fines from $750 to $1,000
• License revocation for 1 year
• Substance abuse evaluation
• Ignition Interlock Device

Josh can explore treatment-based resolutions, house arrest, or specialized court programs to help avoid harsh jail sentences.

Is my DUI a felony?

Most first and second DUIs are misdemeanors. However, DUI becomes a felony if:

• It’s your third DUI within 7 years
• The DUI caused serious bodily harm or death
• You have a prior felony DUI

Felony DUI penalties include prison time, long license revocations, and mandatory ignition interlock. Josh is a former prosecutor who has handled the most serious DUI cases—including vehicular homicide and DUI causing death or substantial bodily harm —with exceptional results.

What happens in a DUI case?

Here’s a basic timeline:

1. Arrest and release (with or without bail)
2. Initial appearance / arraignment
3. Pre-trial motions and discovery
4. Negotiation or trial preparation
5. Trial or negotiated resolution
6. DMV license hearing (separate administrative process)

Josh Tomsheck handles every phase of your DUI case personally, ensuring no detail is overlooked.

Will my DUI arrest show up on a background check?

Yes. A DUI arrest and conviction can appear on criminal background checks, which may affect employment, licensing, or professional opportunities. However, if your case is dismissed or reduced, you may qualify for record sealing much sooner than with a DUI conviction, which Josh Tomsheck can help you pursue.

Talk to a Top Las Vegas DUI Defense Attorney Today

Being arrested for DUI is frightening—but you don’t have to face it alone. Attorney Josh Tomsheck is a Nationally Board-Certified Criminal Defense Attorney, a former prosecutor, and one of Nevada’s most experienced and successful DUI trial lawyers.

Whether your case is in Las Vegas Justice Court, Las Vegas Municipal Court, or anywhere in Clark County, you deserve the best defense available.

Call Hofland & Tomsheck today at (702) 895-6760 to schedule a confidential DUI consultation with Josh Tomsheck. We are available 24/7 to answer your questions and start building your defense.

SERIOUS DEFENSE FOR SERIOUS DUI CHARGES