DUI 1st Offense
In Nevada, a DUI 1st offense is a misdemeanor that comes with the following penalties:
- Two days to six months in jail
- $400 to $1,000 in fines
- 8-hour DUI school
- 185-day license revocation
- Victim Impact Panel attendance
The penalties may be increased if:
- The defendant’s violation causes injuries or death
- The defendant’s BAC is 0.18 or higher
- The defendant is under 21 years of age
Consequences of a DUI 1st Offense
It is possible, but unlikely, for the defendant to go to jail. Typically, defendants convicted of a DUI 1st Offense will pay $400 to $1,000 plus court costs. They will also have to attend an eight-hour DUI School class covering alcohol awareness and traffic safety. The course will cost around $150 and may be completed online. The defendant must also attend a Victim Impact Panel, such as a MADD lecture, which may cost around $40.
A judge will also order the defendant to stay out of trouble during the DUI case, which typically lasts six months to a year. This means no arrests or citations other than minor traffic tickets.
The defendant’s driver’s license will be revoked for 185 days by the DMV, but defendants may obtain a restricted license if they use a breath interlock device. In addition, they’ll need to maintain SR-22 insurance for three years to reinstate and keep their driver’s license.
The judge will order the defendant to pay for the installation and maintenance of an ignition interlock device for at least six months.
A judge typically counts the defendant’s arrest and initial incarceration as part of the two-day jail sentence requirement for a first time DUI offense. If the defendant posted bail before the two days were served, the defendant may be ordered to complete 48 to 96 hours of community service. The judge will also impose a suspended jail sentence of six months. This means that the defendant will not serve additional time behind bars as long as they complete all sentencing requirements.
Defendants may face higher charges if they were transporting a child under 15 during the violation. This could mean a higher fine or mandatory jail time.
Prior DUI Charges
If the defendant’s previous misdemeanor DUI conviction was more than seven years ago, then the conviction doesn’t count against the current case. However, if the defendant has a prior DUI conviction in another state within the past seven years, then the current case is considered a second offense.
Fighting DUI 1st Offense Charges
Defendants facing their first DUI case may hire a defense attorney to present the following defenses:
- The field sobriety test was poorly administered.
- The defendant had a medical condition that influenced BAC results, such as GERD, acid reflux, heartburn, diabetes, hypoglycemia, low-carb diet, auto-brewery syndrome, mouth alcohol, dentures, or other orthodontic devices.
- The defendant had rising blood alcohol.
- The testing equipment was faulty or misused.
- The arresting officer didn’t have probable cause to pull the defendant over.
If you’re facing DUI 1st offense charges, contact Moskal Law to schedule a consultation. Thomas Moskal has the experience you need to fight your case.
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I reached out to colleagues in search for a criminal attorney, and they recommended me Attorney Thomas Moskal.With his vast experience as a prosecutor, I contacted him for a consultation – I was very comfortable with him, (attorney Moskal was my third attorney that I met with) – After meeting with him, I retained him as my attorney for my case. He was always available if I had any questions concerning my case, he would ensure me that things will be alright. It took him around 5 months to settle my case beyond my expectation (outcome).Takeaways:1) No jail time2) No suspended DR lic. and no driving limitations.It was a win, win for both of us.I would recommend Attorney Thomas Moskal…….Give him a call for a consultation.
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I was referred to Attorney Moskal for a criminal case I had. I was told he is great at what he does and I can confirm, he is indeed. He’s very attentive when it comes to communication and thoroughly explained matters to me to make sure I understood everything. I’m glad to have put 100% of my trust into him and his work.
I have never been so pleased with the results and candor an attorney has provided me until I met Thomas.I hired Thomas for a DV case initially and then needed him for a DUI, and he provided results beyond my expectations and was very helpful throughout the entire process of both cases. I respect his work ethic, knowledge and his professionalism and would highly recommend to him anyone who is in need of a criminal defense lawyer in the state of Nevada. He gets the job done quickly and efficiently. Thomas is a great man and you’d be lucky to have him representing you!
He put me at ease, and ended up getting my case dismissed. I did my research before I hired a defense attorney. My lawyer friends all directed me to Thomas. When I looked him up, I saw that he is a well-respected former prosecutor who is featured in the news a lot. His cases were even features in an Investigation Discovery docuseries. After just a few minutes of talking to him, I had no doubt that he really knows what he is doing. He knows how to think like a prosecutor, and he is very good at explaining the process. I wholeheartedly recommend him if you have a criminal case.
I contacted Thomas Moskal a week before my DUI court date and was put at ease instantly by his experience, expertise, and open communication of the entire process. This was my first time ever dealing with the court system and I’m grateful that all my questions were answered and I was always kept up to date. I am beyond impressed and forever grateful for Thomas’ attorney skills in having my case reduced to a mere nothing, no DUI on my record, and minimal penalties which were a breeze to take care of.
I was arrested for DUI. My son’s friend was clerking for a judge, so I had him ask around about who I should hire. Everyone in the courthouse was recommending Thomas because he was the lead DUI prosecutor in Las Vegas for many years. When I searched him up, I saw what they were saying. No regrets. He was always available to take my calls, and he definitely knew what he was talking about. Made me feel safe and comfortable. I never had to go to court, and he got my charge reduced. No DUI on my record.
