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Las Vegas DUI Lawyer

DUI cases move quickly in Nevada. The earlier you move, the more options you keep for the court case and the DMV track.

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How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Nevada DUICommon situations that lead to an arrest

Traffic stop leading to field sobriety tests

A stop for a driving pattern or equipment issue turns into questions, field tests, and then an arrest based on observations and performance.

Breath test result at or above the per se limit

Breath testing is used to claim a per se violation, even when the timeline, observation period, device accuracy, or procedures are disputed.

Blood draw after an arrest

A blood sample is taken and later reported by a lab. The prosecution relies on chain of custody, handling, and the lab’s reported number.

Parked or stopped vehicle allegations

Officers claim a person was driving or in actual physical control based on location, statements, and circumstantial proof.

How to read this

These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.

Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Nevada DUICommon defense themes

Stop, detention, and arrest issues

If the stop or the escalation was not lawful, key evidence can be challenged or excluded.

Testing and procedures

Breath machines, blood handling, observation periods, and documentation errors can matter more than people realize.

Timeline and the two-hour issue

When testing is outside the two-hour window, the case often shifts into disputes about what the number actually proves.

Driving proof problems

Some cases turn on whether the state can prove driving or actual physical control beyond assumptions and statements.

How to use this

These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.

Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Nevada DUIPenalties depend on offense level and case details

Jail or community service

Varies by offense level

A first offense is typically a misdemeanor, but consequences can change with priors and case facts.

Fines and fees

Varies by court and offense level

Court costs and administrative fees can add up, even in misdemeanor cases.

Classes and requirements

Often required

DUI school and related requirements are common conditions in negotiated outcomes and convictions.

License consequences

DMV and court tracks

There can be separate consequences through DMV and the criminal case, with different deadlines and procedures.

Ignition interlock risk

Possible

Interlock requirements depend on offense level and case outcome.

Important

Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

Municipal Court vs Justice Court, why it matters

Where the case is filed affects prosecutors, calendars, and leverage. Your defense strategy should match the venue.

If you are arrested for DUI in Las Vegas, the location and agency often determine whether the case lands in Municipal Court (city jurisdiction) or Justice Court (county jurisdiction). The court can shape negotiation posture and trial strategy.

Municipal Court DUI cases are typically handled by city prosecutors. Justice Court DUI cases are typically handled by the Clark County District Attorney. An effective defense adapts to the venue, the prosecutor, and the local expectations in that courtroom.

The DUI two-hour rule in Nevada

Testing outside two hours does not automatically end the case, but it can change what the state must prove and how the defense attacks the proof.

A common question is whether a DUI is dismissed if police do not test within two hours. The short answer is no. The longer answer is that timing can become a major defense issue depending on what theory the state is trying to use and what evidence they have.

When the state leans on retrograde extrapolation or impairment theories, the defense focuses on assumptions, gaps, and whether the proof actually supports the conclusion beyond a guess.

License suspension and DMV issues after a DUI

The DMV track can move separately from the criminal case. Missing deadlines can create automatic consequences.

Nevada DUI cases can involve an administrative DMV process and a court process. A refusal allegation or a reported result can trigger administrative action, while a conviction can trigger separate court consequences.

The practical takeaway is that timing matters. If a hearing request deadline is missed, you can lose leverage before the criminal case even gets traction.

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