Las Vegas Second DUI Lawyer
If you were arrested for a second DUI within seven (7) years of the first DUI, contact James C. Gallo to discuss the facts of your case and develop a defense strategy. The charges and penalties for a second DUI are enhanced and more severe than the penalties for a first DUI, potentially impacting your rights and leading to a conviction. With experience in legal representation, James C. Gallo can assist in plea negotiation to minimize the consequences you face.
Call (702) 385-3131 to schedule a free consultation to learn more about fighting a second DUI in Las Vegas and throughout Clark County, Nevada. James C. Gallo represents clients in the City of Las Vegas, North Las Vegas, Henderson, and Boulder City.
Penalties for a 2nd DUI in Las Vegas
Nevada law provides for specific mandatory minimum penalties and statutory maximum penalties for a DUI second offense within seven years, including:
- Fines: the fines range from $750 to $1,000 or the equivalent number of hours of community service (Las Vegas courts usually impose a net $1,200 fine for a second-offense DUI);
- Jail: 10 days in jail or ten days of house arrest or house arrest (the court can impose up to 6 months in jail);
- VIP: attendance at a victim impact panel (VIP) (a presentation sponsored by the Mothers Against Drunk Driving (MADD);
- Mandatory chemical dependency evaluation. An alcohol/drug dependency evaluation that costs $100 and possible additional counseling may be ordered regardless of the defendant's alcohol level as provided in NRS 484C.400;
- Vehicle Registration Suspension: suspension of the defendant's vehicle registration for five days under NRS 484C.520 and
- Driver's license suspension for one year or installation of an Ignition Interlock Device for 1 to 3 years.
Treatment after a Second DUI Offense
A person charged or convicted of a second DUI may apply to attend an alcohol or drug abuse treatment program instead of the above sentence. The treatment program must last from one to three years. To be accepted into the treatment program, the person must be diagnosed as an alcoholic or abuser of drugs by a physician or a licensed alcohol and drug abuse counselor.
The defendant must pay the cost of the treatment program. After the defendant applies to do the program, the prosecution may request a hearing to challenge the defendant's eligibility for the program.
The court then determines whether the defendant is allowed to complete the program in lieu of serving the standard sentence. After the defendant is accepted into the program, the sentence is suspended until the defendant successfully completes it.
Understanding BAC and Breath Tests in DUI Cases
In a DUI case, BAC (Blood Alcohol Content) plays a crucial role. Law enforcement uses a breath test or blood test to determine whether someone is driving under the influence of alcohol or substances. A breath analyzer measures the alcohol content in a person's breath, while a blood test provides more detailed results. Both methods are common evidence presented by the prosecutors in DUI cases. Analyzing the BAC level helps determine the severity of the offense and can impact the penalty, such as license revocation or jail time. Whether the BAC exceeds the legal limit can sway a judge's decision and affect the trial's outcome.
Legal Consequences and Penalties for a DUI Charge
A DUI charge carries significant legal consequences, ranging from misdemeanor to felony, depending on the circumstances. Penalties often include fines, confinement, and the potential for jail sentences, especially for repeat offenses. Drivers convicted of DUI may face the revocation of their driving privileges and may need to attend DUI school. In more severe cases involving reckless driving or causing injury or death, the charges can escalate to a felony. The court will assess court costs and impose additional punishments like extended confinement. Each state has specific DUI laws, and a conviction can leave a lasting mark on an individual's criminal record.
How a Defense Attorney Can Help in a DUI Case
Hiring a defense attorney or a criminal defense lawyer is essential for anyone facing a DUI charge. An experienced DUI attorney will analyze the evidence presented by the prosecutors, challenge the validity of field tests, and ensure the defenses are strategically built around your case. They will assess whether the officer followed protocol during the DUI arrest and if the blood test or breath test results were accurate. The defense attorney will negotiate with the DUI prosecutor to reduce jail sentences and court costs or possibly get the charges dropped altogether. This type of legal assistance can significantly impact the case outcome, helping individuals navigate the complex legal system with the right advice.
Attorney in Las Vegas for the 2nd DUI
If you were arrested for a second DUI in Las Vegas or throughout the surrounding areas of Clark County, Nevada, including North Las Vegas or Henderson, then contact an experienced Las Vegas drunk driving attorney with Gallo Criminal Defense Las Vegas at (702) 385-3131.
Facing DUI charges for a second offense can be a severe situation, with harsher penalties and requirements for completion of court-ordered programs. The amount of custody time, probation, or driver's license suspension depends on several factors, such as prior convictions, drinking habits, and whether the arrest happened at a checkpoint or under suspicion of reckless driving. You could face a felony DUI if your condition at the time of the arrest meets the legal definition for this charge.
Gallo Criminal Defense Las Vegas specializes in defending clients in these cases. Their legal team will thoroughly review your case, investigating the cause of the arrest, whether the Miranda rights were read correctly, and any potential issues with the police handling of your case. They will also address any reviews of the investigation and file motions to challenge the evidence where necessary.
The experienced attorneys at Gallo Criminal Defense Las Vegas will guide you through the court process, explaining your options and potential sentencing outcomes. They will work to protect your driver's license, help minimize the expense of legal proceedings, and seek the best possible verdict in your favor. In many cases, they can help negotiate probation or other options that can reduce the penalties, including alcohol evaluation programs, vehicle ignition engine control devices, or alternatives to custody.
If you're in trouble with a second DUI, don't lose the opportunity to defend yourself. Call Gallo Criminal Defense Las Vegas today at (702) 385-3131 and ensure you have the best legal counsel to protect your rights.