A Comprehensive Guide to Aggravated DUIs in Nevada
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With the recent surge of DUI-related accidents in Nevada, aggravated DUIs have become an increasingly serious problem. An aggravated DUI is a much more severe offense than a regular DUI and carries significantly harsher penalties and consequences.
Take, for example, this 21-year old driver killed a pedestrian and critically injured another during New Year’s Day. He was charged with Aggravated DUI along with other charges. The penalties for such an offense can include up to 20 years in prison, license suspension, hefty fines and fees, community service, probation and alcohol or drug abuse treatment programs.
In this article, we will explore what constitutes an Aggravated DUI in Nevada, how it differs from a regular DUI, the legal consequences associated with it, common defenses against such charges, how to avoid or drop these charges, ways to lessen its consequences and the long-term impact that can have on your daily life.
If you’ve been charged with DUI—regular or aggravated—it is essential to seek the help of an experienced DUI lawyer who can represent you. The Defenders offers top-tier legal representation and we are committed to getting the best possible outcome for our clients. Contact us today to learn more about your case.
Now let’s take a closer look at the topic of Aggravated DUIs in Nevada and what you can do if you’ve been charged with one.
What is an Aggravated DUI in Nevada? How is it Different from a Regular DUI?
To better understand the difference between a regular DUI and an aggravated one, let’s look at the two in more detail.
A regular DUI under Nevada law is defined as operating a vehicle with a blood alcohol concentration (BAC) at or above the legal threshold. An aggravated DUI is when you got arrested for DUI with one or more aggravating factors.
Common DUI Aggravating Factors in Nevada
The following are the most common aggravating factors:
Cause Substantial Bodily Injury or Death
If you caused an accident that resulted in death or severe bodily injury, then you can be charged with Aggravated DUI.
If this happened, you can also be charged with felony DUI.
The penalties for felony DUIs are significantly harsher than regular DUIs.
Transporting a Child Under 15 Years Old
If you are pulled over for DUI and there is a child 15 years of age or younger in the vehicle, even if it’s your own child, then you can be charged with an aggravated DUI.
Third DUI Offense within 7 Years
If you are arrested for a DUI within seven years of two prior DUI convictions, it will be classified as an aggravated DUI.
Penalties and Consequences of an Aggravated DUI
The consequences of an aggravated DUI can be severe, depending on the severity of the offense.
The maximum penalty for an Aggravated DUI in Nevada is 20 years in prison. You will also face license suspension, fines reaching up to $5,000, community service, probation and alcohol or drug abuse treatment programs.
As the defendant, you’ll also be liable for payment of installation of a breath ignition interlock device and attend DUI school.
Common Defenses Against Aggravated DUIs
In some cases, it may be possible to avoid conviction or reduce the severity of the charges. The most common defense against an aggravated DUI charge is to challenge the evidence that led to your arrest. This can include challenging the accuracy of the breathalyzer or toxicology test results.
If the evidence is not sufficient, or if your rights were violated during the arrest process, you may be able to get the case dismissed. You may also be able to plea bargain and have your charges reduced.
The Long-Term Impact of an Aggravated DUI Conviction on Daily Life
A conviction of an aggravated DUI can have a long-term impact on your life. It can affect your ability to find and keep employment, as well as certain educational opportunities, travel, housing and more.
Additionally, the financial punishments associated with Aggravated DUIs can be severe. You may have to pay hefty fines in addition to having to pay for the cost of installing a breath ignition interlock device, DUI school and alcohol or drug abuse treatment.
Can My Records Be Sealed
Depending on the conviction, it may be possible to seal your record. A good Nevada DUI attorney can help you with that process, as well as provide legal advice and representation on your case.
For example, if you are convicted of a misdemeanor, records can be sealed 7 years after the case ends.
However, if you are convicted of a felony, those stay on your records forever.
Facing DUI Charges? Hire The Defenders
Aggravated DUIs can have serious consequences that go beyond jail time and fines. It is important to understand the situation and take action as soon as possible to protect your rights and pursue the best outcome in your case.
At The Defenders, our experienced attorneys understand the laws and details surrounding aggravated DUI cases. We will work hard to find a favorable resolution for you as quickly as possible. Don’t wait – call us today to get started!
Frequently Asked Questions
What is the difference between a regular DUI and an aggravated DUI?
The difference between a regular DUI and an aggravated DUI lies in the circumstances of the offense. If a person causes substantial bodily injury or death while driving under the influence, was transporting a child under 15 years old, or commits their third DUI within three years, then they can be charged with Aggravated DUI. The penalties for Aggravated DUIs are much harsher than regular DUIs.
What are the consequences of an Aggravated DUI conviction?
The consequences of an aggravated DUI can be severe, resulting in jail time, hefty fines up to $5,000, license suspension, community service, probation and attendance at alcohol or drug abuse treatment programs. There can also be long-term impacts on your daily life, including difficulty finding or keeping a job and educational opportunities, travel and housing restrictions.
Can I avoid conviction or lessen the consequences?
Yes – it may be possible to challenge the evidence against you or have your charges reduced by pleading guilty to lesser charges. An experienced attorney can help you find the best resolution for your case.
What should I do if I am facing an Aggravated DUI charge?
If you are facing an aggravated DUI charge, contact a qualified Nevada DUI attorney as soon as possible to protect your rights and pursue the best outcome for your case. At The Defenders, our experienced attorneys will work hard to find a favorable resolution for you as quickly as possible.