Avoid Getting a DUI during the holiday season

A charge of Driving Under the Influence (DUI) in Nevada is a serious and life changing event.  A DUI anytime is an unwelcome event, but during the holidays can ruin an otherwise pleasant time and complicate your life.  Some of the penalties associated with a DUI include jail time, vehicle impoundment, courts hearings, administrative hearings, loss of driving privileges, DUI school classes, possible rehabilitation requirements, vehicle interlock requirements, and multiple substantial fines and fees.

A DUI arrest or conviction will appear on your driving records will never drop and will follow you, even if you move out of state.  Your public records of arrest and conviction cannot be sealed for at least 7 years after conviction.  During that time, the record will be searchable by prospective employers, landlords, banks, insurance companies or anyone else who does a background check.

The first DUI conviction results in serious penalties by itself, but subsequent DUI’s within 7 years of the first, have increasingly harsher penalties attached.  Repeat offenders face an expanded array of jail time, fines, fees, longer revocation of driving privileges, etc.  A third DUI conviction within a 7-year period is considered felony DUI and may result in prison time.  It is important to know that DUI’s in other states will be considered when determining first time offense status.

During the holiday season, with more vehicles on the roads due to friends and family gathering for holiday events, law enforcement will be on high alert to get impaired drivers off the roads. DUI checkpoints are always a possibility during this time as well.  Expect enforcement of DUI and all other driving violations to be more likely between now and the end of the year.

Understanding DUI penalties (NRS 484C.400)

A conviction for a:

First time DUI (without an accident causing serious injury or loss of life) is considered a misdemeanor and will results in the following penalties:

• 2 days to 6 months in jail or 48 to 96 hours of community service
• Nevada DUI School at your expense
• Fines from $400 to $1,000 plus court costs
• Attendance at Victim Impact Panel
• If under 21 years old or your Blood Alcohol Concentration (BAC) was greater than 0.18:
  • Alcohol/Drug Dependency Evaluation at your expense
  • Attendance at an Alcohol/Drug Dependency Treatment Program at your expense
• Mandatory Ignition Interlock System (IIS) installation in your vehicle at your expense
• Suspension of Driver’s License for 185 days
• Sealing of criminal record after 7 years

Second time DUI within 7 years (without an accident causing serious injury or loss of life) is also considered a misdemeanor and will result in the following penalties:

• 10 days to 6 months in jail or residential confinement of 10 days to 6 months
• Fines from $750 to $1,000 or equivalent community service hours
• Attendance at Victim Impact Panel
• If under 21 or BAC was 0.18 or greater
  • Mandatory Alcohol/Drug Dependency Treatment Program at your expense
• Mandatory Ignition Interlock System (IIS) installation in your vehicle at your expense
• Suspension of Driver’s License for 1 year
• Sealing of criminal record after 7 years

Third time DUI within 7 years (without an accident causing serious injury or loss of life) is considered a Category B felony and will result in the following penalties:

• 1 to 6 years in Prison
• Fines from $2,000 to $5,000
• Attendance at Victim Impact Panel
• Mandatory Ignition Interlock System (IIS) in your vehicle at your expense after release from prison
• Alcohol/Drug Dependency Evaluation at your expense
• 3-year revocation of Driver’s License
• No Sealing of this criminal offense

A first time or subsequent DUI (with an accident that causes serious injury or loss of life) is considered a Category B felony with penalties of:

• 2 to 20 years in prison
• Fines ranging from $2,000 to $5,000
• Attendance at Victim Impact Panel
• Mandatory Ignition Interlock System (IIS) in your vehicle at your expense after release from prison
• No Sealing of this criminal offense

The Defenders wishes all a safe and happy holiday season

The lawyers of the Defenders wish for all to have a safe carefree holiday season.  We are thankful for our client friends and all others for the confidence they have placed in our firm to represent them for their criminal charges. We promise to continue to provide a skilled, aggressive, and caring defense for those charged with DUI and other criminal offenses. If you are charged with a DUI during this season or any other time, call our office to discuss your case at (702) 333-3333.