Reckless Driving

What is a reckless driving?

In some states, it is possible to get a DUI charge reduced to reckless driving and, luckily, Nevada is one of those states. A reckless driving reduction is when the defendant of a DUI charge enters into a plea bargain for reckless driving. This allows the defendant to have fewer penalties and not suffer the consequences of being charged fully for the DUI. Being charged with a DUI is never a good thing, but if there is not substantial evidence for the charge or it is apparent that the charge was not supported by probable cause, this kind of plea bargain might be able to be made.

What does that mean for me?

If your original DUI charge can be considered for this plea bargain, this would mean the defendant would not have a DUI on their record. It is always important to remember with any charge, the more of them you have, the bigger the penalty. This applies to DUIs that are reduced to a reckless driving charge. All reckless driving convictions will add eight points to the accused’s driving record.

Reckless Driving

Even though these penalties can still cause concerns and problems, a reckless driving charge is not as severe as getting charged with a DUI. See a DUI’s penalties here. (link to penalties from a DUI page) Having your DUI dropped to a wet reckless charge will be beneficial in the long run due to the following:

  • It will not be counted as a DUI, so if another DUI occurs, the defendant would not receive as harsh of penalties
  • Employment will not be a affected as it would if the defendant had the DUI charge
  • The addition of the eight points to the defendants drivers license is better than being faced with an automatic suspension of his/hers drivers license
  • The defendant would be able to have his/her record sealed in one year with a wet reckless as opposed to the seven years it would take if it were a DUI conviction

Las Vegas Criminal Defense Attorney – The Defenders

Even though it may seem your life has changed due to a DUI charge, hiring the right attorney increases the chances of your charge being reduced so you don’t have to face the harsh penalties of a DUI charge. The Defenders can provide you their service and knowledge to do all that they can to get your DUI charge reduced to a reckless driving charge. It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm. We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone. Call us today!

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Misdemeanor DUI

Depending on the severity of your DUI, you are usually looking at a misdemeanor conviction, which is considered to be the basic DUI charge in the state of Nevada. If you cause a severe injury or death, a large sum of property damage, or flea the scene of an accident while driving under the influence, you will face a felony charge. If you get arrested for a DUI, whether that be your first or second, and you do not cause any injury, death, or property damage, you will be looking solely at a misdemeanor charge. While a misdemeanor comes with lesser penalties than those of a felony, you are still going to be facing hefty consequences and have the DUI recorded on your driving and criminal record.

Misdemeanor

For your first offense, you are looking at a misdemeanor charge and facing the following penalties:

  • Possible jail time (up to six months) or 96 hours of community service
  • Drivers license revocation for 90 days. A restricted license may be granted after 45 days if the defendant has no further offenses
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Attendance at a Nevada DUI school, paid by the defendant
  • Possible order to attend a treatment program regarding substance abuse
  • Mandatory fines ranging from $400 to $1,000

If you were to get a 2nd DUI within a seven-year time frame from your first DUI, you are looking at being charged with a misdemeanor and your penalties include:

  • A jail or house arrest sentence for 10 days to six months
  • License revocation for one year without the possibility of receiving a restricted license
  • Mandatory fines ranging from $750 to $1,000
  • Possibility of court ordered substance-abuse treatment or clinical supervision for one year
  • Possibility of car registration suspension
  • Installation of a breath ignition interlock device for three years if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant

Las Vegas Misdemeanors DUI Criminal Defense Attorney – The Defenders

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders deliver an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333. You don’t have to go through this alone, call us today!

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Felony DUI

Drunk driving at any level is a serious offense

There are few reasons your DUI would be classified as a felony. These reasons are:

  • You have had three DUI’s within seven years
  • If you caused an accident that lead to serious injury or death
  • If you have had a felony DUI before, regardless of the timeframe

Penalties

The penalties you face with a felony are intensified greatly and you are facing life-changing consequences. If this is your third DUI within seven years, you are looking at a Category B Felony and the following penalties:

  • A prison sentence lasting AT LEAST one to six years
  • License revocation for years, with the possibility of a restricted license after 1 year
  • Mandatory fines ranging from $2,000 to $5,000
  • SR22 Nevada insurance requirement
  • Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Possible requirement of attending a felony DUI court for up to five years along with being required to partake in substance abuse counseling and rehabilitation

If you have a DUI that has caused substantial injury, the penalties will include:

  • DUI charged as a Category B Felony
  • Fines from $2,000 to $5,000
  • A prison sentence lasting two to 20 years

If you fled the scene of an accident that you caused while driving impaired, but only caused property damage, you will be faced with fines up to $1,000 and the possibility of six months in prison. If you were driving under the influence for the third time and you caused a death, you will now be looking at a Category A Felony as well as 25 years in jail with a chance for parole after 10 years. If you were involved in a hit-and-run accident that caused a death or injury, you will be facing:

  • A sentence of two to 20 years in prison without possibility for probation
  • Fines ranging from $2,000 to $5,000
  • License revocation or suspension

Las Vegas Felony DUI Criminal Defense Attorney – The Defenders

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders deliver an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm. We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone, call us today!

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DUI PENALTIES

Getting charged with a DUI is not only emotionally stressful, but it can also place a physical and financial burden on you and your family. The penalties for a DUI will differ based on how many you have had and the time period in which you received them. All DUIs will greatly affect your insurance rates. Remember, you are not only putting yourself at risk, you are also putting others at risk when you decide to drive while under the influence of drugs or alcohol.

For your first offense, you are looking at a misdemeanor charge and facing the following penalties:

  • Possible jail time (up to six months) or 96 hours of community service
  • Drivers license revocation for 90 days. A restricted license may be granted after 45 days if the defendant has no further offenses
  • Installation of a breath ignition interlock device for up to three years if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Attendance at a Nevada DUI school, paid by the defendant
  • Possible order to attend a treatment program regarding substance abuse
  • Mandatory fines ranging from $400 to $1,000

If you were to get a 2nd DUI within a seven-year time frame from your first DUI, you are looking at being charged with a misdemeanor and your penalties include:

  • A jail or house arrest sentence for 10 days to six months
  • License revocation for one year without the possibility of receiving a restricted license
  • Mandatory fines ranging from $750-$1,000
  • Possibility of court ordered substance-abuse treatment or clinical supervision for one year
  • Possibility of car registration suspension
  • Installation of a breath ignition interlock device for three years if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
DUI Penalties

If you are to receive three DUIs within a seven-year time frame, you are looking at a felony and the following penalties:

  • A prison sentence lasting AT LEAST one to six years
  • License revocation for three years. A restricted license may be granted after one year
  • Mandatory fines ranging from $2,000 to $5,000
  • Possible vehicle registration suspension
  • SR22 Nevada insurance requirement
  • Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Possible requirement of attending a felony DUI court for up to five years along with being required to partake in substance abuse counseling and rehabilitation

Las Vegas DUI Criminal Defense Attorney – The Defenders

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone, call us today!

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DUI AND DRUGS

A DUI charge goes beyond alcohol and can be applied to street drugs, prescription, and over-the-counter medications that have the capacity to impair your driving ability. Receiving a driving while impaired, even applies to the now legal marijuana. Even though it is now legal to have a certain amount of marijuana, it is still illegal to drive a vehicle while under the influence of marijuana. If you are pulled over for suspicion of driving under the influence of drugs, regardless if they are legal, prescribed, or illegal, you are subject to submit yourself to chemical testing from your blood or urine. Having the medical professional perform the blood draw or urine test can ensure accuracy and precision. If the medical professional who took your blood does not follow the proper procedure, the evidence may not be considered suitable enough for a DUI/DWI conviction and can be thrown out as evidence used against you.

If you are taking any over-the-counter medication or prescription drug, you should be aware of the side effects it may have on you and your body. Most prescriptions will have a warning if you should not operate a motor vehicle while on the medication. Some of the side effects that can be felt from medication or drugs are:

  • Drowsiness
  • Blurred vision
  • Droopy eyelids
  • Slow reflexes and reaction times

All of these side effects can drastically impair your driving ability, putting yourself and the lives of others at risk for serious injury or death. Driving while under the influence of any kind of drug is a serious offense and you will be penalized the same way that driving under the influence of alcohol is treated. Your first, second, or third DUI offense will be treated the same regardless if you are under the influence of drugs or alcohol.

DUI and Drugs
Q A

Can I get a DUI for my medication prescribed by my doctor?

Yes! It doesn’t matter if you are driving under the influence of alcohol, street drugs, or prescribed/over-the-counter drugs. Driving while impaired (DWI) can apply to any substance that weakens your ability to drive safely.

Las Vegas DUI and Drugs Criminal Defense Attorney – The Defenders

It is important you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders deliver an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone, call us today!

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DMV Admin Hearings and License Revocation

When charged with a DUI you are faced with a serious impact on your life, overwhelming emotions, and harsh penalties. Within these harsh penalties lies the revocation of your driver’s license. If you decide to appeal this suspension, you will need to request an administrative hearing from the Nevada DMV. The type of testing you underwent during the arrest will determine the amount of time you have to request your hearing to get the license suspension reversed. If you took a Breathalyzer test, you have seven days to request a DMV administrative hearing. If you went with a blood draw at the time of arrest, you can request a hearing at any point before or within 90 days.

Remember, if you live out-of-state, your suspension notice will be sent to your state’s DMV as well as the creation of a dummy record in Nevada, in case you try to apply for a Nevada driver’s license. You may or may not receive a suspended license from your state of residence. In Nevada, the State does not necessarily suspend your license as a punishment to the driver. It is a precaution to protect other drivers on the street that might be impacted by your reckless driving.

License Revocation in Las Vegas – The Defenders can protect your driving rights

You must act quickly to protect your driving rights after a DUI in Nevada. After being arrested for a DUI you are faced with an administrative suspension of your driver’s license unless you act quickly to protect your driving rights. This requires you to apply for an administrative hearing from the DMV. If you win the DMV administrative hearing, your license will be returned to you pending your criminal case resolution. Requesting a hearing in regards to the withdrawal of your license can be done by clicking here.

DMV Admin Hearings and License Revocation

Administrative Hearings – A Las Vegas Attorney to help you

The Administrative Court was put in place to oversee government agencies and make sure the public has the right to appeal any administrative action taken by the Nevada Department of Motor Vehicles. The Office of Administrative Hearings is neither a civil or criminal court, meaning it has no impact on another case, and this court operates under the same principles as any other court as well as the judge being independent, impartial, and fair. Whatever the judge comes to as the conclusion from the case will be final and binding and any type of appeal will be met in the District Court or the Nevada Supreme Court.

You do have the option to represent yourself, or to have an attorney represent you. You always put yourself at the mercy of the judge when you represent yourself since this is probably something you have not done before. This process can be confusing, overwhelming, and unclear. Your best choice would be to hire an experienced attorney, like The Defenders, to help you fight your charges and get you back on the road driving again.

There is one limitation when you request a hearing. One will not be granted to you if you did not submit to any type of evidentiary testing at the time of arrest.

Q A

Can I do anything about my license being suspended?

Yes, but you only have seven days from the date of suspension to appeal this if you took a breath test. You must contest your license suspension with an administrative hearing at the DMV. This procedure may be confusing and daunting, contact The Defenders today so we can assist you with this procedure.

Las Vegas License Revocation and Administrative Hearing Criminal Defense Attorney – The Defenders

It is important you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone, call us today!

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2nd DUI Offense

This is my second DUI offense in Las Vegas, what do I do?

If this is your second DUI, your first step should be to contact The Defenders so we can lead you in the right direction. Contacting The Defenders right away is extremely crucial for your case, especially if this is your second DUI within seven years. Having more than one DUI offense within seven years can lead to enhanced penalties for the defendant.

When you receive a second DUI within seven years of your first offense, you are going to face magnified restrictions and consequences. These restrictions are:

  • A jail or house arrest sentence for 10 days to six months
  • License revocation for one year without the possibility of receiving a restricted license
  • Mandatory fines ranging from $750 to $1,000
  • Possibility of court ordered substance abuse treatment or clinical supervision for one year
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant

What is considered driving under the influence?

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This level must be above the legal limit to count as driving under the influence. The legal limits for Nevada drivers are:

  • 02% for drivers under 21 years old
  • 04% for commercial licensed drivers
  • 08% for everyone else
Q A

How long does it take to get a DUI charge cleared so it can be sealed?

When it comes to getting your DUI record sealed, it can take seven years before your criminal record can be cleared and sealed.

Las Vegas 2nd DUI Criminal Defense Attorney – The Defenders

Facing a second DUI charge can be an even more terrifying experience than your first DUI because the penalties are far greater. The Defenders can provide you peace of mind while making sure the proper steps are taken to have your charges dismissed or reduced.

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333. You don’t have to go through this alone. Call us today!

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3rd DUI Offense

If this is your third DUI offense, you are at the risk of being in serious trouble and are facing the possibility of serious prison time. First, you should contact The Defenders so we can lead you in the right direction and be your guide throughout this difficult path. We are skilled and trained on DUI cases at this level. Contacting The Defenders right away is extremely crucial for your case, especially if this is your third DUI within seven years. If you have three or more DUI convictions, it is now considered a felony. We will work vigorously to make sure that your case is fully investigated and any arresting inconsistencies are brought to the surface. Receiving a third DUI means you will now be charged with a felony.

When you receive a third DUI within seven years of your first two, you are going face magnified restrictions and consequences. These restrictions are:

  • A prison sentence lasting AT LEAST one to six years
  • License revocation for 3 three years, with the possibility of a restricted license after one year
  • Mandatory fines ranging from $2,000 to $5,000
  • SR22 Nevada insurance requirement
  • Installation of a breath ignition interlock device for one to three years. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Possible requirement of attending a felony DUI court for up to 3 years along with being required to partake in substance abuse counseling and rehabilitation

What is considered driving under the influence?

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This level must be above the legal limit to count as driving under the influence. The legal limits for Nevada drivers are:

  • 02% for drivers under 21 years old
  • 04% for commercial licensed drivers
  • 08% for everyone else

Las Vegas 3rd  DUI Criminal Defense Attorney – The Defenders

Facing a third DUI charge is much more serious than your first two DUI charges. This is because the penalties are much more severer than past charges. Don’t fight this alone! The Defenders can provide you peace of mind while making sure the proper steps are taken to have your charges dismissed or reduced so that you are not facing the full weight of the penalties.

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.You don’t have to go through this alone. Call us today!

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DUI

You were arrested for a DUI. What’s next?

A DUI in Nevada can have a serious impact on your life, your driving privileges, and possibly the lives of others. A first DUI offense is punished less harshly than subsequent offenses, and DUI charges that resulted in the injury or death of another person have the most substantial penalties. Regardless of the severity of the offense, a driving under the influence (DUI) conviction can have lasting consequences on your life and happens when you make the choice to drive while impaired by alcohol or drugs. If you have been charged with a DUI, you should seek the assistance of an experienced, reliable, and honest defense attorney that will guide you to achieve the most positive outcome possible. Hiring The Defenders to handle your DUI case, whether that be your first offense or not, can lead to a possible minimization of your charges, as well as diminish the damaging effects a DUI charge can possess over your life. Many people automatically assume that because they were arrested for a DUI, that law enforcement already has enough evidence for the defendant to be found guilty of driving under the influence. We, The Defenders, have deep experience in handling alcohol and drug related cases. By utilizing our services, your charges or sentencing have the possibility of being reduced or dismissed. The Defenders have extensive experience defending DUI cases and have a variety of strategies that have been proven in court to reduce or eliminate DUI charges. Some of these strategies include:

  • Investigation of the breathalyzer used during the arrest to determine whether it was functioning properly and has received consistent and proper maintenance
  • Analysis of the circumstances surrounding the arrest
  • Analysis of the blood test results and reanalyzing the samples to confirm the results are consistent
  • Ensuring that proper protocol was completed by the arresting officer and medical staff handling your case

What is considered driving under the influence?

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This level must be above the legal limit to count as driving under the influence. The legal limits for Nevada drivers are:

  • .02% for drivers under 21 years old
  • .04% for commercial licensed drivers
  • .08% for everyone else

Driving under the influence does not only mean you are impaired by alcohol, but can also mean you are impaired by drugs. When it comes to testing your BAC, it is only applicable to alcohol. When it comes to drugs, you are considered impaired for a certain amount of an illegal or prescribed substance found in your system while operating a motor vehicle, moped, or boat. Read more about driving under the influence of drugs here. 

What penalties do I face with my first DUI?

With the reputation of “Sin City” and constant partying, it is no surprise that Las Vegas sees many people faced with a DUI charge. But driving while impaired by drugs or alcohol can lead to serious consequences. In the State of Nevada, the DUI driver’s first offense will only be labeled a misdemeanor as long as the driver did not cause any deaths or serious injuries. Drivers with a first DUI offense will be penalized in the following ways:

  • Possible jail time from 2 days to 6 months or 48-96 hours of community service
  • Drivers license revocation for 90 days. A restricted license may be granted after 45 days if the DMV approves it
  • Installation of a breath ignition interlock device for three years, if BAC exceeded 0.18 at time of the arrest. Payment for this device includes installation and monthly monitoring, all fees are paid by the defendant
  • Attendance at a Nevada DUI school, paid by the defendant
  • Possible order to attend a treatment program regarding substance abuse
  • Mandatory fines ranging from $400-$1,000
Q A

We are The Defenders

Facing a DUI charge can be a terrifying and overwhelming experience, but you don’t have to face it alone. The Defenders can provide you peace of mind while making sure the proper steps are taken to have your charges dismissed or reduced.

It is important that you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders deliver an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us, The Defenders, a proud branch of the Richard Harris Law Firm. We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333. You don’t have to go through this alone, call us today! The firm is led by attorney K. Ryan Helmick of The Defenders, who is experienced in dozens of criminal law matters. Ryan and his team have helped thousands of people with their cases. It is his passion. Read more about him here.

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