The weight of a Driving Under the Influence (DUI) charge in Nevada can be overwhelming. The potential impacts on your driving privileges, insurance premiums, and the looming threat of incarceration are daunting consequences.
However, being well-informed about the court process associated with Nevada DUI cases can ease your worries significantly. This extensive guide provides an in-depth exploration of the DUI court process, from the investigation phase to the trial, courtesy of seasoned Bourassa Law Group attorneys.
Unraveling the DUI Investigation Phase
When facing a DUI charge in Nevada, the first step in this legal journey begins with the DUI investigation phase. This is a crucial stage of the process as it sets the tone for your entire case, and as such, understanding how it unfolds is imperative.
Typically, a DUI investigation is initiated by a law enforcement officer who suspects a driver may be under the influence of alcohol or drugs. The suspicion could arise from various circumstances, such as during a routine traffic stop, following an accident, or at established sobriety checkpoints or DUI roadblocks.
In these instances, the officer is looking for specific signs of intoxication. These could include erratic driving patterns, changes in behavior, the smell of alcohol, or visible signs of substance use.
If the officer detects such indications of possible intoxication, they might request you to undertake a Preliminary Alcohol Screening (PAS) Test, also known as a preliminary breath test or “PBT.” This test is designed to measure your blood alcohol concentration (BAC). It is typically conducted using a handheld device on the spot.
In addition to the PAS test, the officer might ask you to perform a series of roadside field sobriety tests (FSTs). These could include physical and cognitive tests such as standing on one leg, walking a straight-line heel-to-toe, or the horizontal gaze nystagmus test, which monitors the movement of the eyes.
Failing the PAS test or the FSTs can have serious repercussions. Under Nevada law, specifically NRS 484.379, these results could provide grounds for an immediate arrest. Reasons for arrest may include:
· Driving while influenced by alcohol or drugs is when your physical or mental abilities are impaired to a degree where you can no longer operate a vehicle safely.
· Driving with BAC 0.08% or higher, also known as DUI “per se”: This is when driving with a BAC level above the legal limit, irrespective of whether your driving ability was affected.
Decoding the Arrest and Booking Process in Nevada DUI Cases
An arrest on DUI charges carries specific procedures. Primarily, the arresting officer will:
- Confiscate your driver’s license, forwarding it to the Nevada Department of Motor Vehicles (DMV) for revocation.
- Grant you a 7-day window from your arrest date to request an administrative hearing to challenge the revocation of your driving privileges.
Remember that the DMV administrative hearing operates separately from your criminal DUI case. The hearing’s primary concern isn’t your guilt or innocence but the validity of revoking your driving privileges in light of public safety. Consequently, the administrative hearing is optional.
Post-arrest, the officer will transport you to a hospital, police station, or jail for an evidentiary test to measure your blood alcohol level. Usually, you’ll be provided with a DUI breath test or a DUI blood test. If you decline to submit to an evidentiary test, your driver’s license may be revoked for a year if it’s your first refusal.
Once the DUI test or refusal is complete, the booking process commences.
Exploring the DUI Booking Process
During the booking phase, law enforcement personnel will take your fingerprints and photographs, collect your personal information, and inventory your possessions.
Often, once the booking is complete, you’ll be eligible for release. Your release may be based on your own recognizance—an “O.R.” release—or it might necessitate posting bail. It’s crucial to note that for misdemeanor charges, bail is generally set per a standard schedule.
However, felony DUI charges necessitate a bail hearing to determine the amount. Once released on your own recognizance or bail, the arresting officer will finalize a DUI report about your arrest, subsequently submitting it to the local prosecutor for review. The prosecutor will then decide to either:
- Drop the charges, or
- Formally charge you with a DUI.
Should you be formally charged, you’ll receive a citation and be officially summoned to appear in court on a specific date for your arraignment. If you neglect to appear, the court will issue a bench warrant for your arrest, and any posted bail will be forfeited.
Evaluating Your Legal Representation Options for a Nevada DUI Case
When facing a DUI charge, you can explore three paths for your defense:
- Self-representation, which is never advised.
- The utilization of a public defender
- Hiring a private DUI defense attorney
While representing yourself might seem financially appealing in the short term, securing experienced legal counsel for your DUI defense is generally the more advantageous route. Proficient DUI attorneys can effectively navigate the complexities of:
- Technical and scientific evidence,
- Expert witness testimony.
Such expertise provides the best chance of dismissing your case or reducing your DUI charges through a plea bargain.
Public defenders can provide a viable option with their comprehensive understanding of the court system and often established rapport with prosecutors and judges. However, they frequently juggle high caseloads, and their assignment to your case would be random.
Engaging a private attorney allows you the freedom to select a legal professional with the experience, time, and resources required to mount the most robust defense against your DUI charges.
The Importance of the Nevada DMV Administrative Hearing
The following process can often seem overwhelming after being arrested for a DUI in Nevada. One essential stage is the Nevada Department of Motor Vehicles (DMV) Administrative Hearing. The police usually issue you a temporary license at the time of your release following your DUI arrest. This temporary license is only valid for seven days. However, it provides a brief window to take critical action: to request an administrative hearing from the Nevada DMV.
Your Right to Contest License Revocation
The primary purpose of this hearing is to challenge the impending revocation of your driver’s license. It’s essential to understand that this hearing is separate from your criminal DUI case. The DMV hearing focuses on driving privileges and whether the officer had a valid reason to believe you were driving under the influence.
Importance of Prompt Action
Timeliness is critical in this scenario; you must request a hearing within seven days of your arrest. If you fail, the DMV will automatically revoke your license. However, provided you make a timely hearing request, the DMV will issue you another temporary license that extends until the hearing date, keeping your driving privileges intact.
The Role of Ignition Interlock Devices
Following a DUI arrest, there are also implications for the vehicle you drive. An arresting officer advises the defendant about installing an ignition interlock device in their vehicle. This device tests alcohol on the driver’s breath before starting the vehicle. Installing such a device is usually mandatory to obtain a driving privilege, allowing you to drive under certain conditions even after a DUI offense.
The DMV Hearing as a Strategic Platform
The DMV hearing might resemble a trial with its formal setting and procedural rules, which can be intimidating. But this stage can be a strategic opportunity for your DUI defense attorney. The hearing allows your lawyer to question the officer who arrested you on the record. This could reveal inconsistencies or weaknesses in the officer’s observations or procedures, potentially undermining the prosecution’s case in your subsequent DUI criminal trial.
Thus, while the DMV hearing might seem like an uphill battle and often is more challenging to win than a criminal case, it can provide valuable insights for your DUI defense. Even if you don’t win at the DMV hearing, the testimony recorded could be used to negotiate a plea bargain in your criminal DUI case, ultimately leading to a more favorable outcome.
It’s always recommended to approach these hearings with the guidance of an experienced DUI attorney who can navigate the legal complexities and safeguard your interests effectively. The Nevada DMV administrative hearing may be a significant turning point in your DUI case; treat it with the gravity it deserves.
The Chronology of a Nevada DUI Trial
The process of a DUI trial in Nevada unfolds through several distinct phases:
- Arraignment: This is the initial court appearance where you are formally charged with DUI. The judge will read your charges and ask you to enter your plea. The three types of pleas are “guilty,” “not guilty,” or “no contest.” If you have a lawyer, they can appear at the arraignment and enter a plea on your behalf. This is crucial because it allows for the creation of a record of the proceedings and starts the process of challenging the prosecution’s case.
- Negotiation and Potential Plea Bargain: After the arraignment, your attorney and the prosecutor may attempt to negotiate a resolution, also known as a plea bargain. Sometimes, engaging in negotiations could lead to a lighter charge or smaller penalty, disregarding the need for a full-blown trial. This can be quite a savvy move because plea deals often mean being charged with a lesser offense. In the grand scheme, this might be better than taking the risk of a full trial, which could result in a far tougher sentence. It’s worth noting that the acceptance of a plea bargain is in the hands of the judge.
- Pre-trial Phase: If negotiations do not resolve, the case enters the pre-trial phase. This phase consists of the “discovery” process, where your attorney can request and scrutinize all evidence the prosecution intends to use against you. It also provides an opportunity for your attorney to file various motions, such as a motion to suppress evidence (if obtained illegally), a motion to dismiss the case (due to lack of evidence or procedural errors), or a motion to challenge your arrest (if there was no probable cause). This phase can be instrumental in weakening the prosecution’s case, leading to a better negotiation position for plea bargaining or, potentially, dismissing the case.
- Trial: If your case proceeds to trial, the type of trial depends on the severity of your DUI charge. For misdemeanor DUI charges, a judge will typically decide your case in what is known as a “bench” trial. The judge will hear the evidence and decide if the prosecution has proven its case “beyond a reasonable doubt.” For felony DUI charges, you may opt for a bench or jury trial. In a jury trial, your peers will hear the evidence and decide your fate. Choosing between a bench trial and a jury trial is a matter of strategy. It should be made in consultation with your lawyer, who can best assess your case’s circumstances and nuances.
- Post-Trial: Following the trial, if you are convicted, the judge will impose a sentence during the sentencing hearing. Potential penalties include fines, probation, license suspension, DUI classes, community service, and potentially jail or prison time for severe cases. However, if you are acquitted (found not guilty), you will be discharged, and the DUI charge will be dismissed.
When navigating a DUI charge in Nevada, seeking qualified legal advice is essential. If you face such a charge, please contact us to schedule a consultation. Don’t let a DUI arrest deprive you of your freedom or driving rights without consulting a top-tier attorney!
Note: For individuals under the age of 21, a BAC of .02% or higher qualifies as over the legal limit in Nevada, according to NRS 483.462