Odds of Getting a DUI Charge Dropped in Nevada

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Nevada, like all other states, treats DUI charges with utmost seriousness. Prosecutors are only allowed to drop a DUI case if there is no probable cause or insufficient evidence to prove that a DUI occurred.

There are very few times when getting a DUI charge dropped actually occurs and the chances are very low.

The best defense is to hire an experienced DUI lawyer who can guide you through the process. They can help you understand the consequences of a DUI conviction and may even be able to reduce the charges to a lesser offense like Reckless Driving.

On the rare occasions that a DUI case is dropped, it’s because the defendant was not under the influence of alcohol or drugs at the time of the stop or the defendant wasn’t actually the driver of the vehicle at the time of arrest.

DUI charges are extremely serious, and over the years, the laws have become stricter. Most states now enforce a zero-tolerance policy for these offenses.

In today’s world, rideshare services like Uber and Lyft make it much simpler to avoid a DUI. By simply ordering a ride, you can steer clear of the serious consequences of driving under the influence. A parking ticket or having your car towed is a far better alternative to facing a DUI charge or conviction.

A DUI conviction is not just a traffic ticket like some people might think.

In Nevada, it is a criminal offense that can stay on your permanent record and reduce your chances of gaining employment or even securing housing.

If you have been charged with a DUI, the first thing you need to do is contact a great DUI lawyer.

Call The Defenders today to schedule a consultation.

Can I Get My DUI Dropped or Reduced in Nevada

Getting a DUI conviction dropped is not likely unless your BAC was below the legal limit or you weren’t actually driving the vehicle at the time of the traffic stop.

However, there is a chance that you can have the charges reduced to reckless driving in certain circumstances.

If your lawyer can prove that the following occurred, you may be able to plead to the lesser charge of reckless driving. These are also the signs that a DUI case is weak against you:

  1. The police had no probable cause to pull you over. If you weren’t driving illegally or committing a traffic violation, the police cannot just pull you over for any reason.
  2. Once pulled over, the police did not administer the field sobriety test properly. There are specific ways the test should be handled and police are supposed to be trained in these procedures.
  3. The breathalyzer was not calibrated correctly to give the correct BAC, or the blood test administered was contaminated.
  4. You were suffering a medical condition or taking a medication that caused either the blood or breathalyzer test to be inaccurate.
  5. You had  rising blood alcohol, meaning that you were under the legal limit of .08% BAC at the time you were driving but the BAC rose to an illegal limit after the fact.

If your lawyer can show that any of the above are true then they might be able to convince prosecutors to reduce your DUI to a reckless driving case.

You will be advised to plead no contest to the DUI.

If the judge accepts the pleas arrangement, the judge will sentence you to terms to be completed over a period of set time.

If you complete the terms of the plea arrangement, you will be considered guilty of reckless driving and not of a DUI.

What Is the Difference Between a DUI and Reckless Driving?

In Nevada, prosecutors cannot automatically dismiss DUI cases unless there is no probable cause or insufficient evidence to prove guilt beyond a reasonable doubt. Therefore, the best outcome one can hope for is a reduction to a lesser charge. Reckless driving is one of the most common lesser charges that DUIs are reduced to in Nevada.

A reckless driving conviction can have many benefits in lieu of a DUI conviction.

  1. A lesser criminal record: It may seem unfair and it is, but there is a stigma attached to a DUI conviction that is not the same as a reckless driving charge. Employers and others who view your criminal history are more likely to accept a reckless driving conviction than a DUI.
  2. Lesser penalties if another DUI charge occurs: Each subsequent DUI arrest brings harsher penalties. Since you had the first conviction reduced to reckless driving, if you get a second arrest for DUI it will be considered your first offense and not a second offense.
  3. Able to seal your records sooner: It takes seven years in Nevada to be able to seal your record for a DUI conviction after the case is closed or completed. You only have to wait one year after the case has closed to get a reckless driving conviction sealed. Felony DUI conviction must stay on your record for life but if the charge can be reduced to felony reckless driving then a record can be sealed after five years.
  4. Your license won’t automatically be suspended: Unlike DUI charges, a reckless driving charge does not automatically mean your license will be suspended. A DUI case operates as two separate cases: the criminal case and the DMV administrative case. If the charges are reduced to reckless driving you may still lose your license if you lose your case with the DMV. You must win both the criminal and the DMV cases to not have your license suspended with DUI charge.

What Are the Penalties for Reckless Driving

Since cases of DUI being dropped are extremely rare, the best one can hope for is getting reduced charges of reckless driving.

If your attorney can plead down your DUI to reckless driving, it is likely that you will still have to accept the penalties of the DUI even though the conviction is different.

First-time DUI penalties are:

  1. A jail sentence of up to 6 months, typically suspended by the judge.
  2. DUI school
  3. Up to a $1000 in fines plus court costs, or community service
  4. Attending a victim impact panel such as MADD
  5. An alcohol evaluation if your BAC was over 1.8% at the time you were arrested
  6. 185 days of license suspension. You may be able to continue to drive to work and school with the placement of an ignition interlock device.
  7. An order by the court not to have any new charges brought against white this case is pending.

The stipulation is that you complete all sentencing requirements to have your DUI reduced to reckless driving.

If you fail to complete these terms, the judge may unsuspended your sentence and you can be convicted of the original DUI charge.

Facing DUI Charges? The Defenders Can Help

If you have been arrested for DUI in Nevada, contact The Defenders today for an appointment.

Our team are experts in handling Las Vegas DUI cases.

The Defenders DUI team can fight to get your DUI charges reduced or dismissed.

Our team have a track record of helping our clients get charges dismissed or reduced.

Contact The Defenders today if you have been charged with a DUI or any other criminal offense.

Frequently Asked Questions

Can a first-time DUI be reduced to reckless driving?

While it is not common, it is possible for a first-time DUI to be reduced to reckless driving. This depends on the circumstances of the case, and if there is any evidence to support a reduction.

Will I still have a criminal record with reckless driving?

Yes, you will still have a criminal record with a conviction of reckless driving. However, it may be viewed less harshly by employers and others compared to a DUI conviction.

How long do I have to wait before I can seal my records with a reckless driving conviction?

In Nevada, you only have to wait one year after your case has closed to be able to seal your record for a reckless driving conviction. This is significantly shorter than the seven years required for sealing a DUI conviction.

Can I lose my license with a reckless driving charge?

While not automatic like with a DUI charge, losing your license is still a possibility with a reckless driving charge if you lose your case with the DMV. It’s important to have an experienced attorney on your side to fight for your driving privileges.

What should I do if I am facing DUI charges?

If you are facing DUI charges, it is important to seek legal representation as soon as possible. The Defenders have a team of experienced attorneys who specialize in handling DUI cases in Las Vegas. Our team can help you navigate the legal process and work towards getting your charges reduced or dismissed.

Will I have to go to jail if my DUI is reduced to reckless driving?

Depending on the circumstances surrounding your case, the judge may suspend any potential jail time for a reckless driving conviction. However, there are still other penalties that you will have to face.

How do I know if I am eligible for a plea arrangement from a DUI charge?

The best way to determine eligibility for a plea arrangement is to consult with an experienced DUI attorney. They can evaluate the details of your case and advise you on potential options for reducing or dismissing the charges against you.

Can I still lose my license if my DUI charge is reduced?

If your DUI charge is reduced to reckless driving, there is still a possibility of losing your license if you lose your DMV case. It’s important to have strong legal representation to help fight for your driving privileges even with reduced charges.

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