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Nevada Court Records

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What is a DUI and DWI in Nevada?

Driving Under Influence (DUI) is against the Traffic Laws of the State of Nevada. The same penalty is given to a person Driving under the influence (DUI) of a controlled or prohibited substance, and a person driving while intoxicated (DWI) with an alcoholic drink. A person charged with DUI is impaired to the extent that the person cannot drive safely. In Nevada, DUI means that the driver has been driving for more than two hours with a Blood Alcohol Concentration (BAC) of 0.08% for a private driver, 0.04% for a commercial driver and 0.02% for anyone below twenty one years. DUI in Nevada is a traffic offense, as well as a criminal offense. Therefore, a person charged with DUI will be made to face trial at the District Court and also brought before the Department of Motor Vehicle to face administrative penalties.

What is the Difference Between a DUI and a DWI in Nevada?

The traffic laws of the state make no distinction between DUI and DWI in Nevada. A person who drives while drunk is not charged differently from a person who is under the influence of a controlled substance. The traffic law NRS 484C.110 makes it unlawful for any person in the State to;

  • Drive under the influence of intoxicating liquor
  • Drive with a BAC level of up to 0.08% in blood or breath, 0.04% for a commercial driver
  • Drive within two hours with a concentration of alcohol in blood or breath
  • Drive on a highway or premises which the public have access to
  • Drive under the influence of controlled substance
  • Drive under the combination of influence and intoxicating liquor and a controlled substance
  • Inhales, ingests, applies or uses any chemical, poisonous, or an organic solvent to the extent that it impairs a driver’s ability to drive safely. Some of the prohibited substance is listed in NRS 484C.110

What is the Difference Between a DUI and a DWI in Nevada?

There is no disparity between DUI and DWI in Nevada. A person who drives while drunk is not charged differently from a person who is under the influence of a controlled substance. The traffic law NRS 484C.110 makes it unlawful for any person in the State to;

  • Drive under the influence of intoxicating liquor
  • Drive on a highway or a public premises with a BAC of 0.08% in blood or breath, 0.04% for a commercial driver
  • Drive within two hours with a concentration of alcohol in blood or breath
  • Drive under the influence of controlled substance
  • Drive under the combination of influence and intoxicating liquor and a controlled substance.
  • Inhales, ingests, applies or uses any chemical, poisonous, or an organic solvent to the extent that it impairs a driver’s ability to drive safely. The substance as listed in NRS 484C.110.

What happens when you get a DUI for the First Time in Nevada?

When a person gets arrested for DUI, such person is faced with two forms of penalties;

  • Administrative penalties
  • Criminal penalties

Issuing administrative penalties is the responsibility of the Department of Motor Vehicle (DMV). Immediately after a person is arrested for DUI, the DMV revokes the offender’s license. Such offenders have seven days from the time of arrest to request a hearing with the DMV in Nevada. Failure to attend a hearing within seven days could result in the revocation of a driving license for a long time of up to 185 days for a first time offender. Attending the hearing may immediately grant the offender a restricted license with an Ignition Interlock Device (IID).The offender must also pay a $35 civil fine and $125 to get a driver’s license reinstatement to the DMV.

The District Court tries and imposes criminal penalties on the offender. According to the statute NRS 484C. 400, a first time offender is charged with a misdemeanor which may cost;

  • Up to six months jail time but not less than two days
  • A fine of up to $1,000 but not less than $400
  • A complete course at the DUI school
  • Standing before the Victim Impact Panel

It is possible for a first time DUI offender to avoid conviction if the Misdemeanor DUI Court program is completed. This program aims to rehabilitate rather than punish DUI offenders. Only alcoholics, drug addicts, or a person who have never seriously killed or hurt another person from driving under the influence.

Another way to avoid conviction while escaping the Misdemeanor DUI Court program is to be on the defensive. The common defenses that can be used to get a DUI dismissed are;

  • Rising blood alcohol; a situation where the BAC rises to an illegal point after the person stopped drinking.
  • Inaccurate BAC result caused by the defendant’s physical condition; some physical and medical conditions like diabetes, hypoglycemia, low carbohydrate diet, auto-brewery syndrome, dentures or other orthodontic devices can make a person’s BAC rise up to or more than the legal limit
  • Sobriety tests performed by Officers with insufficient National Highway Traffic Safety Administration (NHTSA) training; Some police officers make mistakes when giving instructions on; the walk and turn test, the one-leg stand test, and the horizontal gaze nystagmus test. Once the defense counsel can prove that the arrest based on an incorrectly administered sobriety test was illegal, the case might end in a dismissal.

How Likely is Jail Time After a First DUI in Nevada?

An offender is not likely to face jail time in |Nevada unless the offender is a habitual offender, or, unless there is a vehicular homicide or a serious personal injury as a result of the accident. The traffic laws concerning DUI offenders seek to rehabilitate rather than punish offenders. A first time and second time DUI offender can avoid jail time by completing the alternative sentencing program.

What are the Typical Penalties for a DWI Conviction in Nevada?

There are different penalties for the different outcomes of a DUI conviction in the state. The typical penalties are as stated below;

  • Jail Time: Unless a person gets a case dismissal or an alternative sentencing, the last time a first time DUI offender can spend in detention is forty-eight hours and six months at most. A second-time offender can spend up to ten days in county jail but not more than six months. A third-time offender is charged with an aggravated misdemeanor and can be sentenced to state prison for at most six years and at least one year. Vehicular homicide can make an offender spend up to 25 years in detention.
  • Community Service: An offender can be sentenced to community service in place of jail time. A first time offender can be sentenced to an unpaid forty-eight hours of community service, while a second-time offender can be sentenced to ninety-six hours community service.
  • Fine: There two types of fine to be paid by a person guilty of a DUI offense. First is the administrative fine, where all offenders must pay a $60 Chemical Analysis Fee, a $35 Civil fine, and a $125 Driver’s license reinstatement. The Court then imposes punitive fines based on the nature of the DUI case. The least amount imposed on a first-time offender is $400 and at most $1,000. On a second-time offender, the Court can impose at least $750 and at most $1,000. On a third time offender, the Court imposes at least $2,000 but not more than $5,000
  • Courses; Apart from the third-time offender, there are courses for DUI offenders which is compulsory for offenders. Courses like; Victim Impact Panel, DUI School, Alcohol Treatment Program.
  • Driver’s License Revocation; An offender’s license is revoked immediately after arrest. For the first time offender, it is revoked for ninety days. It can be revoked for up to one year for a second-time offender and revoked for three years for a third-time offender.
  • License Restriction (IID): The Ignition Interlock Device is installed on the vehicle of all offenders. On a first or second time offender, it is installed at least three months for an offender with a BAC level lower than 0.18, and at most six months. For a third time offender, IID is installed for at least twelve months and at most, thirty-six months

How Long Does a DUI Stay on Your Record in Nevada?

The length of time a DUI stays on an offender’s driving and criminal record depends on the final sentencing of the case. For instance, a person convicted for DUI can apply for a record sealing after seven years. A person sentenced for reckless driving can apply for record sealing after a year, while a person whose case was dismissed can immediately apply for record sealing.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How do I Find DUI Checkpoints in Nevada?

Nevada is one of the states with legal DUI checkpoints. DUI checkpoints or sobriety checkpoints are popular, especially on evenings and weekends in Las Vegas, but they can come up at any time of the day. The time and location of upcoming checkpoints are usually published even though the law enforcement agency is not mandated to make the announcement. The checkpoints can be looked up at the media session of the Nevada Highway Patrol website.

Which is Worse; a DUI or DWI in Nevada?.

Driving Under Influence (DUI) and Driving While Intoxicated (DWI) is the same thing that can be used interchangeably in Nevada. The same penalty goes for the person who drives drunk and the person who drives under the influence of a controlled substance.

What is an Aggravated DWI in Nevada?

An aggravated DUI as stated in NRS. 484C.410 is an extreme case of DUI or a Class B felony. An aggravated DUI can occur when a person is charged for another offense caused by DUI. For instance, the case of a vehicular homicide makes for an aggravated DUI even as a first time offender. The situations that can make for an aggravated DUI are;

  • An extremely high level of BAC
  • Driving with minor passengers
  • Having more than one DUI convictions within seven years
  • Being arrested for DUI with a revoked license
  • Excessive speeding
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