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.
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