Types of DUI

If you are found to be operating a motor vehicle with a blood alcohol concentration (BAC) of .08 percent or more in Nevada, you will be charged with drunk driving. You may also be charged with DUI if you demonstrate an impaired ability to drive with a BAC less than .08 percent. A first-offense DUI is charged as a misdemeanor that carries an array of penalties. Subsequent DUI convictions within seven years will result in more serious penalties. A DUI in which you have injured or killed another also will result in harsher penalties.

You may believe that your case is hopeless but, before you plead guilty to any DUI charge, you should get the legal advice of an attorney who is experienced in this complex legal field. Your case may be eligible for reduced charges or even a case dismissal. You will never know what your legal options are until you get your case evaluated by a professional. At Hofland & Tomsheck, you can consult with a former Clark County Chief Deputy Prosecutor who has been both state and nationally board certified as a criminal trial lawyer or Specialist.

A first-offense misdemeanor DUI involves impaired driving or a .08 percent BAC. You may be charged with DUI due to alcohol, prescription drugs, illegal drugs, or even over-the-counter drugs or a combination of any of these. Cold, cough, and allergy medicines and sleep aids are just examples of drugs that can cause drowsiness and impaired driving. If convicted of this offense, you will face jail time of two days up to six months or community service of 24 to 96 hours, DUI school, fines between $400 up to $1,000 plus court costs, a 90-day driver’s license suspension along with a $35 civil penalty, and attendance at a victim’s impact panel. If you are under 21 or if your BAC measured .18 percent or more, you will have to pay for an alcohol/drug evaluation and treatment program. You may also be ordered to install and use a breath interlock device on your car at your own expense. This device is wired into your ignition and will prevent your vehicle from starting if a certain amount of alcohol is detected when you blow into it.

A second DUI misdemeanor conviction within seven years is punishable by jail time of 10 days to six months or home confinement. Fines will range from $750 to $1,000 or community service that is equivalent. You will be required to attend a victim’s impact panel and pay for and complete an alcohol/drug abuse assessment followed by an intensive treatment program. Your license will be suspended for a year. If your BAC was at or above .18 percent, you will have to pay for, install, and maintain a breath interlock device in your car for 12 to 36 months once your license is reinstated.

A third DUI offense in seven years is charged as a Class B felony. The penalties for this offense include a prison term of one to six years, fines of $2,000 up to $5,000, attendance at a victim impact panel, a breath interlock device for 12 to 36 months, a license suspension of three years, and an alcohol/drug abuse assessment. In some cases, prison time may be avoided by completing a tough rehabilitation program lasting from three to five years under DUI Court. This program involves counseling and court supervision and you may be sent to jail if you fail to comply by its rules.

This is a much more serious offense due to the harm caused to others. If you are convicted of the felony of causing an accident due to intoxication which results in injury or death, you will face two to 20 years in a state prison and fines of $2,000 up to $5,000. This offense is non-probational, which means you must go to prison regardless of whether you have never been in trouble with the law before.

This is the most serious of all drunk or drugged driving offenses. It is charged when you have three previous DUI convictions and then cause the death of another through DUI. This offense is charged as a Class A felony punishable by 25 years to life in prison. Parole may be possible after serving 10 years of your sentence.

The consequences of a DUI conviction are harsh. Other consequences include higher car insurance rates, a criminal record which can limit future educational, job, housing, and credit opportunities, and the loss of your reputation. Get experienced and dedicated legal help from Hofland & Tomsheck by consulting with one of our attorneys about your case. Contact us for a free, initial consultation today.