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Las Vegas DUI Lawyer

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 cases vary 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 occurs after a crash.

For all types of misdemeanor and felony DUI cases, the Gallo Law Office represents clients consistently in all four of these jurisdictions in Clark County. As a result, James C. Gallo is familiar with the courts and prosecutors handling these cases. Call us today at (702) 385-3131 to set up a free consultation.

Understanding DUI Laws in Las Vegas

Navigating the DUI laws in Las Vegas requires a comprehensive understanding of the legal framework and the consequences of a DUI conviction. The state of Nevada has stringent DUI laws designed to deter impaired driving and enhance public safety.

In Las Vegas, a driver can be charged with a DUI if their blood alcohol content (BAC) is 0.08% or higher or if they are under the influence of drugs or alcohol in a manner that impairs their ability to drive safely. For commercial drivers, the BAC threshold is even lower at 0.04%, and for drivers under the age of 21, a BAC of 0.02% or higher can result in DUI charges.

One critical aspect of DUI laws is the implied consent rule, which means that by driving on Nevada roads, you automatically consent to chemical testing (breath, blood, or urine) if suspected of DUI. Refusal to undergo testing can lead to immediate license suspension for one year.

The penalties for DUI convictions in Las Vegas can be severe, including fines, jail time, mandatory DUI education classes, possible community service, and the installation of an ignition interlock device. Repeat offenders face progressively harsher penalties, with the potential for felony charges if multiple offenses occur within seven years.

Understanding your rights during a DUI stop and subsequent legal proceedings is crucial. This includes knowing how to interact with law enforcement, what constitutes a lawful traffic stop, and the procedural requirements for administering sobriety tests. A knowledgeable criminal defense lawyer can help you navigate these complexities and protect your legal rights.

Additionally, it's essential to be aware of the potential impact of a DUI conviction on your license, insurance rates, employment opportunities, and overall reputation. Given the serious nature of DUI charges, seeking experienced legal representation from criminal defense attorneys specializing in DUI cases is essential in building a strong defense and achieving the best possible outcome.

By understanding the DUI laws in Las Vegas and working with a skilled legal team, you can better prepare for the challenges ahead and take proactive steps to safeguard your future.

Article last updated on Friday, June 19, 2016.

Clark County Information Center for Drunk Driving Charges

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 may 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 personal injury. Understanding all possible defenses will help you make the best decision about resolving your case. 

defenses">DUI Defenses To Avoid a Conviction

The goals of DUI defense in Las Vegas, Nevada, vary according to the case's particular facts. The primary goals in most misdemeanor DUI cases are to avoid jail time, administrative suspension, and a DUI conviction. The goal in a felony DUI case is often to avoid mandatory prison time and a 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 stop, improper administration of field sobriety tests, lack of evidence establishing legal driving, and improper administration of chemical testing arrest. 

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 over .08.

Pre-trial motions may be filed to suppress or exclude evidence or dismiss criminal charges. Depending on the evidence  it may be argued 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 of 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 substances, attending and paying 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; a fine of not less than $750.00 and no more than $1,000.00; attendance and completion of 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: A conviction within seven years 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 2 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) 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 being charged with DUI or any other 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 demonstrate that the driver was under the influence of narcotics to the point where he was unable to drive safely. 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 states that it is illegal for a person to be under the influence of a controlled substance, or a combination of alcohol and a controlled substance, to the point where he is incapable of safely driving or exerting 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:

Prohibited Substance Urine Blood




Marijuana metabolite


















Cocaine metabolite



The concentration in the urine or blood is measured in nanograms per milliliter.

Additional Resources

DUI Classes in Las Vegas - Visit the official website of 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 fees for DUI school in Las Vegas vary, and the fee for the accelerated class must be paid in full before attending class. Online DUI classes are also offered. 

The Prosecution of DUI Cases in Nevada - Visit the website of 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.

What Are the Potential Defenses Against a DUI Charge in Las Vegas?

Several defenses may be used to contest a DUI charge in Las Vegas, depending on the specifics of the case. Some potential defenses include:

  • Challenging the Traffic Stop: Arguing that the law enforcement officer did not have a valid reason to stop the vehicle.
  • Questioning Field Sobriety Tests: Disputing the accuracy and administration of field sobriety tests, which can sometimes be unreliable.
  • Disputing BAC Results: Challenging the results of breath, blood, or urine tests due to faulty equipment or improper testing procedures.
  • Excluding Evidence: Filing motions to suppress evidence obtained unlawfully or without proper procedure.
  • Medical Conditions: Demonstrating that medical conditions or other factors caused the appearance of intoxication or affected test results.
  • Violation of Rights: Arguing that the defendant's constitutional rights were violated during the stop, arrest, or testing process.

When Do You Need a Lawyer for a DUI Charge?

Being arrested for a DUI in Las Vegas can be daunting. It's essential to seek specialized legal representation, as DUI lawyers have the expertise to navigate these charges. Given the severe penalties, such as fines, license suspension, and jail time, having a knowledgeable DUI attorney can significantly impact your case's outcome.

One of the primary reasons to hire DUI lawyers immediately after a DUI arrest is their ability to scrutinize the details of your case. They can challenge the validity of field sobriety tests, the accuracy of breathalyzer results, and even the legality of the traffic stop itself. By leveraging their expertise, DUI attorneys can identify weaknesses in the prosecution's case that may lead to reduced charges or a dismissal. Their familiarity with local laws and court procedures in Las Vegas further enhances their ability to effectively defend you.

Additionally, an experienced DUI attorney can guide you through the entire legal process, from arraignment to trial, ensuring your rights are protected at every stage. They can negotiate plea bargains, represent you in court, and provide counsel on the best course of action based on the specifics of your situation. In a city known for its stringent DUI laws, having skilled DUI lawyers can be invaluable in mitigating the long-term consequences of a DUI conviction. Contact James C. Gallo today for expert legal assistance and secure the defense you need.

Factors to Consider When Choosing a DUI Lawyer

When selecting a Las Vegas DUI lawyer, evaluating several key factors is vital to ensure you receive the best legal representation possible. First, consider the lawyer's experience with DUI cases. Las Vegas DUI Attorney James Gallo has been defending clients charged with DUI for over 25 years.

The lawyer's reputation is also crucial. Reviews and testimonials from previous clients can provide insight into their effectiveness and reliability. Further, Las Vegas DUI Attorney James Gallo has had no complaints with the State Bar. Another important factor is the law firm's commitment to your case. Attorney James Gallo personally defends all cases. 

Understanding your rights and how the lawyer plans to protect them is essential. A competent Las Vegas DUI lawyer should clearly explain your legal rights and the potential penalties you face, such as fines or license suspension. They should also discuss their strategy for reducing or dismissing your DUI charges. Las Vegas  DUI Attorney James Gallo personally explains the entirety of the DUI case at the initial consultation and reviews all evidence with his clients prior to trial.

Las Vegas DUI Lawyer James Gallo Will You Build Your Defense

Las Vegas DUI lawyer James Gallo is dedicated to providing robust legal representation to help you navigate the complexities of DUI charges. As a skilled criminal defense lawyer, James Gallo brings a wealth of experience and knowledge to every case, ensuring you receive the highest level of defense.

One of the first steps Las Vegas DUI attorney Jame Gallo takes is to thoroughly investigate the circumstances of your arrest. This includes examining the legality of the traffic stop, the administration of sobriety tests, and the administration of the chemical testing. Las Vegas DUI Lawyer James Gallo aims to identify any procedural errors or violations of your rights that could lead to a reduction or dismissal of charges.

Las Vegas DUI Attorney James Gallo understands the severe consequences that DUI charges can have on your life, including fines, loss of license, and potential jail time. Our law firm works diligently to mitigate these outcomes by negotiating plea bargains or alternative sentencing options. We strive to keep you informed at every stage of the legal process, empowering you with the knowledge needed to make informed decisions.

As an experienced criminal defense attorney, James Gallo employs advanced defense strategies tailored to your situation in cases involving reckless driving allegations or multiple DUI offenses. We are committed to building a strong defense that will safeguard your future and minimize the impact of the charges against you.

Choosing Las Vegas DUI attorney James Gallo means having someone in your corner who understands the local laws and court systems. Our dedicated team is here to fight for your rights and provide the exceptional legal defense you deserve.

Initial Consultation with a DUI Lawyer

Las Vegas DUI Lawyer James C. Gallo offers a free initial consultation for individuals facing DUI charges in Las Vegas and Clark County. This consultation is designed to help clients understand the complexities of their case and what they can expect moving forward. During the consultation, the lawyer will discuss the administrative DMV hearing and the criminal court case, ensuring clients know all aspects of their defense.

The initial consultation covers various specific defenses that might apply to the case, tailored to the unique circumstances of each situation. Potential clients can schedule their free consultation by calling 702-385-3131, taking the first step towards a robust legal defense.

Contact a DUI Attorney in Las Vegas Today

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. You will discuss the administrative DMV hearing and the criminal court case during the consultation.

During the free consultation, you will also learn how certain defenses might apply to your case's specific facts. Call (702) 385-3131 to set up a free consultation.


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