James C. Gallo is an experienced DUI attorney practicing drunk driving defense in Las Vegas, NV. He also represents clients for DUI arrests throughout Clark County, Nevada. The vast majority of these cases occur in four separate jurisdictions including the City of Las Vegas, the City of North Las Vegas, the City of Henderson and the Las Vegas Township Justice Court. The prosecution and defense of these DUI case varies greatly between these jurisdictions.
It is extremely important to understand the differences that characterize the prosecution of driving under the influence cases in the different jurisdictions throughout Clark County, NV. Different types of DUI cases can include the refusal to take a chemical test, or a case involving a breath test or a blood test. The minimum mandatory sentence for even a first DUI is harsh. The penalties and punishments are enhanced for a second DUI or a third DUI within 7 years. Additionally, DUI cases can have enhanced penalties if personal injury or property damage occurred after a crash.
For all types of misdemeanor and felony DUI cases, Gallo Law Office represents clients on a consistent basis in all four of these jurisdictions in Clark County. As a result, James C. Gallo, has a great deal of familiarity with the courts and prosecutors handling these cases. Call us today at (702) 385-3131 to set up a free consultation.
Article last updated on Friday, June 19, 2016.
Clark County Information Center for Drunk Driving Charges
- Fighting the DUI Case
- DUI Defenses To Avoid a Conviction
- Punishments and Penalties for DUI
- Finding a DUI Attorney in Las Vegas
Fighting the DUI Case
A DUI defense case in the State of Nevada comprises two separate proceedings. First, the client must protect their driving privileges in an administrative hearing with the Department of Motor Vehicles (DMV). Second, the client must fight the criminal charges in court. An experienced DUI attorney can help you at every stage of the case.
Your defense will depend on the specific facts of your case. Different defenses apply depending on whether the case involves a refusal to submit to chemical testing or a breath test, blood test or urine test. Additionally, special defenses may apply in a DUI case involving a crash with property damage or personal injury. Understanding all possible defenses will help you make the best decision about how to resolve your case.
defenses">DUI Defenses To Avoid a Conviction
The goals of DUI defense in Las Vegas, Nevada, vary according to the particular facts of the case. The primary goals in most misdemeanor DUI cases are to avoid any jail time, the administrative suspension and a DUI conviction. The goal in a felony DUI case is often to avoid the mandatory prison time and the felony conviction.
The defenses used to fight the charges against you will depend on the facts of the case. Common defense revolves around showing an illegal basis for the stop, detention or arrest. Your attorney might also seek to exclude testimony about field sobriety exercises.
In many cases, the attorney will also move to exclude your statements because of a Miranda violation violence if the officer interrogated you without first warning you of your constitutional right to remain silent. The attorney will seek to exclude evidence of a refusal to take a breath test or the results of a breath or blood test that were over .08.
Pre-trial motions include motions to suppress or exclude evidence and motions to dismiss the criminal charges. Depending on the evidence introduced at trial, your attorney will argue that the evidence is insufficient to establish each element of the offense beyond all reasonable doubt.
penalties">Punishments and Penalties for Driving Under the Influence
The statutory range of punishment varies depending on the type of driving under the influence charge.
First offense DUI: A conviction for a first offense DUI requires a minimum of 2 days in jail and not more than 6 months in jail; a fine not less than $400.00 and no more than $1,000.00 plus court assessments; the payment of tuition for an educational course regarding the abuse of alcohol and controlled substance; attend and pay for a Victim Impact Panel session; and the loss of driving privileges for a period of 90 days.
Second offense DUI: A second offense DUI conviction within seven years requires a minimum of 10 days in jail but not more than 6 months in jail; a fine of not less than $750.00 and no more than $1,000.00; attend and complete a program for the treatment of the abuse of alcohol and drugs; and loss of driving privileges for a period of one year.
Third offense DUI conviction within seven years requires is considered a Category B felony punishable by a mandatory minimum prison sentence of not less than 1 year, and not more than 6 years in the Nevada State Department of Prisons; a fine of not less than $2000.00 and no more than $5,000.00; and loss of driving privileges for a period of three years.
Finally, a DUI resulting in substantial bodily harm or death is a Category B felony punishable by a mandatory minimum prison sentence of two years and up to 20 years in the Nevada State Prison.
Nevada's Zero Tolerance DUI Law
Nevada's Zero Tolerance DUI law is set out in NRS 483.461. This statute provides for mandatory administrative suspension periods. The administrative suspension under this section is for 90 days if any driver under the age of twenty-one (21) that has a breath or blood alcohol concentration (BAC) of .02 or more but less than .08. See NRS 483.461. This provision does not prohibit the person from also being charged with DUI or another violation of any other provision of the law. Related charges under Nevada law include underage possession of alcohol and possession of a fake id.
DUI Drug Charges in Las Vegas, Clark County, NV
Nevada 484C.110 criminalizes driving under the influence (DUI) of drugs. DUI cases involving drugs can be proven in two alternative ways in Las Vegas, Clark County, NV. First, the prosecutor can attempt to show that the driver was under the influence of drugs to a degree which renders him incapable of safely driving. Second, the prosecutor can attempt to prove that the driver had a prohibited substance in his blood or urine in a particular concentration.
Section 2 of NRS 484C.110 provides that it is unlawful for a person to be under the influence of a controlled substance, or the combination of alcohol and a controlled substance, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle. It is not a defense to the charge that the charged with DUI with drugs was entitled to use that drug under the laws of the state of Nevada or even that the driver had a prescription.
Section 3 of NRS 484C.110 sets out a per se drug offense schedule for certain drugs. Under this statute it is prohibited to drive with a certain concentration of a prohibited substance in the blood or urine that is equal to or greater than:
The concentration in the urine or blood is measured in nano grams per milliliter.
DUI Arrests by the Las Vegas Metropolitan Police Department
The Las Vegas Metropolitan Police Department currently operates three DUI vans. The LVMPD DUI Vans are designated to assist with the arrest and processing of drunk or impaired drivers in the Las Vegas Valley. Each of the three DUI Vans of the LVMPD is capable of holding and transporting up to four prisoners at one time. Each DUI van is equipped with an Intoxilyzer breath-testing machine. The drunk driving vans are usually deployed with two uniformed officers for both officer safety and for operational purposes.
During the fiscal year from October of 2013 until September of 2014, the DUI vehicles were involved in more than 290 arrests of impaired drivers. Many more individuals were released after passing field sobriety exercises or breathalyzer testing. The DUI vans were deployed on 59 separate occasions for regular patrol.
On the occasions the DUI van was deployed, it was mostly used on Friday and Saturday nights during the evening hours when the number of DUI arrests were the highest. On these occasions, the DUI vans responded to other patrol officers on request to aid in the processing of the impaired drivers. The LVMPD Vans assisted with 9 field sobriety checkpoints from October of 2013 to September of 2014.
Call to find out more about the DUI vans in Las Vegas and major problems that occur with breath testings in the vans because of the way the Intoxilyzer breath test machine is moved around and stored.
DUI Classes in Las Vegas - Visit the official website for the City of Las Vegas to learn more about the program for driving under the influence (DUI) including DUI educational classes offered in English and Spanish. The DUI classes in Las Vegas provide offenders with information and statistics on the effects of alcohol and other chemical substances on a personal ability to drive, an understanding of Nevada DUI law, and how to be accountable for their actions. Classroom options include 4 (2 hour) DUI cases or 2 (4 hour) DUI accelerated classes. The program fee for DUI school in Las Vegas is $225, and the fee for the accelerated class must be paid in full prior to attending class. Online DUI classes are also offered.
The Prosecution of DUI Cases in Nevada - Visit the website for the Advisory Council for Prosecution Attorneys in Nevada (NVPAC) to learn more about Nevada's Driving Under the Influence (DUI) Laws. Find a link to the DUI Prosecution Manual. Learn more from reading a summary discussing Nevada's Illegal Per Se Law, Nevada's Zero Tolerance Law (for a driver under the age of 21) and open container laws. Also find Nevada Supreme Court Opinions and other publications.
Finding a DUI Attorney in Las Vegas
If you were arrested for DUI in Las Vegas or throughout Clark County, then call James C. Gallo. Whether your case is prosecuted in the City of Las Vegas, the City of North Las Vegas, the City of Henderson or the Las Vegas Township Justice Court, hiring a local and experienced criminal defense attorney to fight for you can make a huge difference in how your case is resolved.
James C. Gallo is experienced in fighting DUI cases. He can provide you with a free initial consultation and explain the entire process to you. During the consultation, you will discuss the administrative DMV hearing and the criminal court case.
During the free consultation, you will also learn how certain defenses might apply to the specific facts of your case. Call (702) 385-3131 to set up a free consultation.