Nevada, Las Vegas to be precise, is infamous for drunk driving and has one of the highest (if not the highest) rates of DUIs. Consequently, the state authorities have formulated strict DUI laws, making it extremely difficult for offenders to get charges reduced or dropped unless there isn’t enough reliable evidence to proceed. This can be done by proving that the charges are incorrect, or the cops did not have probable cause to pull you over. This is easier said than done.
While this is good for discouraging drunk driving, these very laws create huge problems for people wrongly charged with DUI. Sadly, many are wrongly accused or arrested over false positives on the preliminary breath test every day in Nevada.
This is where we step in.
Our experienced Nevada DUI lawyers can help reduce DUI claims in Nevada across all categories through plea bargains or completely dismiss them wherever possible. Whether your DUI incident is charged as a misdemeanor, felony, or vehicular homicide, our defense attorneys have the knowledge, skills, and experience required to do the job.
Read on to learn more about fighting against DUI charges in Nevada and how we can help you with it.
Reducing Misdemeanor DUIs
1st and 2nd DUI incidents in a 7-year period are charged as misdemeanors in Nevada, causing you to incur up to a $1,000 fine and up to six months in jail. With an experienced lawyer by your side, you may be able to get a misdemeanor DUI charge reduced to that of reckless driving or a lesser charge.
The legal dictionary defines reckless driving as the act where the driver willfully disregards the safety of other people’s lives and/or property.
While reckless driving is also classified as a misdemeanor in the state of Nevada, it has less serious consequences than a DUI charge. Therefore, getting a DUI charge reduced to a reckless driving misdemeanor offers advantages to the defendant.
Reckless driving is the most common charge DUI convictions can be reduced to. However, in some cases, the lawyers may have them dropped to careless driving, which is an even less serious misdemeanor than reckless driving with no more consequences than a basic traffic violation.
Another difference between reckless and careless driving is that the former is defined by state law in Nevada, whereas the latter is explained or typified by city and county codes. However, careless driving is loosely (and generally) explained as the act of driving a vehicle without being fully attentive.
The Advantages of Plea Bargains in Misdemeanor DUIs in Nevada
Even though a reckless driving charge is classified as a misdemeanor in Nevada law, getting a DUI charge reduced to it can offer several benefits to the defendants. These include:
- Less severe punishment for the offense
- Less severe punishment on subsequent DUIs (if any)
- Quicker sealing of conviction record
- Better criminal record
- No installation of an Ignition Interlock Device
- No license suspension in many cases (it may still happen in some cases. More on it below)
Reducing Felony DUIs
3rd and subsequent DUI charges within a 7-year period and those resulting in serious injuries or death are classified as felonies under Nevada law, putting the offender at risk of hefty fines and years of imprisonment, along with license suspension. However, it may, in some situations, be possible to reduce a DUI felony to a reckless driving felony.
The Advantages of Plea Bargains in Felony DUIs in Nevada
A plea bargain that reduces a felony DUI to a reckless driving felony in a case where the driver caused a serious injury or death can significantly reduce the prison time for the offender. However, it doesn’t offer much benefit in 3rd or subsequent DUI incidents that did involve injuries or death. The only real advantage here is that a reckless driving felony will likely be sealed at some point in the future, but a DUI felony remains on your record forever. However, people also often plea bargain for a felony DUI to reduce it to a reckless driving felony because the latter carries less negative social stigma.
The only way to avoid imprisonment with a felony DUI, whether you have pleaded guilty or convicted, is to convince the judge to send you to the felony DUI court instead of imprisonment. If this happens, your DUI felony charge may be dropped to that of a misdemeanor DUI on its own upon your completion of the DUI court program.
How Can a Lawyer Help You Plea Bargain for a DUI Charge in Nevada?
In DUI cases, it is upon prosecutors to provide evidence that takes the claim beyond a reasonable doubt and proves guilt. If a defense lawyer can prove in court that the evidence presented by the prosecutor is unreliable, insufficient, or inconsistent to convict their client of DUI, they can get the charge reduced to one of much less severity.
Here are some of the possible scenarios or factors that can weaken the prosecutors’ case in a DUI trial:
- There were reasons other than intoxication that caused you to drive recklessly or exhibit similar symptoms, and your BAC – blood alcohol concentration – showed it. It was actually lower than the legal state limit for adults, which is .08%.
- The cops didn’t follow the proper procedures during interrogation and/or field sobriety tests.
- The technician administering the DUI breath and/or blood test didn’t adhere to the guidelines identified in Nevada law.
- The blood test conducted by the police shows a different result than an independent blood test.
- The credibility of eyewitnesses is doubted/low, or their statements have been inconsistent.
- You weren’t driving the vehicle, and you have evidence to prove it.
- The state evidence is inconsistent with the surveillance video or any other private recordings of the incident.
Experienced lawyers have several tricks up their sleeves to help people reduce or dismiss DUI charges pressed against them. So, never compromise. Always hire the best lawyers at Bourassa Law Group for DUI cases.
Does Accepting a Plea Bargain Cause License Revocation?
A DUI charge in Nevada can lead to license revocation in two situations:
- When there is a DUI arrest
- A DUI conviction, a plea of guilt, or no contest
License revocation becomes mandatory in DUI incidents that involve an arrest. You may be arrested for driving under the influence if you either refuse to take a DUI test or the test results prove that you were intoxicated and consumed more than the legally permitted amount of alcohol or a drug.
Nevada law allows defendants to challenge license revocation, even when mandatory, by requesting a DMV hearing. However, the request must be made within seven days of receiving the driver’s license revocation notice to avoid a lapse in driving privileges. If you do not challenge the revocation within seven days, your license is revoked.
What is a DMV Hearing?
A DMV hearing is often mistaken to be the same as a criminal hearing. But the two are different. A DMV hearing is optional. The decision to have it or not doesn’t impact your DUI case verdict. The purpose of a DMV hearing is not to determine the legality of your DUI case verdict or to determine whether you were guilty or not. The purpose is to determine if the revocation of your driver’s license following a DUI charge was justified.
A DMV hearing is headed by an administrative judge, and there are a few key things to remember when opting for it:
- The opposing party in a DMV hearing, i.e., the DMV, isn’t required to provide evidence beyond a reasonable doubt. It is upon you to persuade the judge that the revocation of your driver’s license was unnecessary or incorrect.
- The verdict of the DMV hearing doesn’t have any impact on the criminal case if there is any.
- If you’re convicted in a DUI case in Nevada, you will lose your driver’s license even if you had previously won the DMV case. But if the DMV hearing rules against you and considers the license revocation as correct and in line with the legal procedure, then you eventually get a plea bargain, your license revocation will not be canceled.
- A plea bargain for reckless driving will add eight demerit points to your driving record regardless of whether you faced a mandatory license revocation or had a DMV case settled in your favor. These demerit points will stay on your record for a year. It’s important to note that having 12 or more points on the driving record within one year will cause license revocation in Nevada.
Facing a DUI Charge or Looking to Secure a Plea Bargain in a Nevada DUI Case? Contact Us for Legal Assistance
Your lawyer plays a vital role in DUI case settlement. An experienced DUI lawyer can have the charge reduced to reckless driving or dismissed. If you’re wrongfully accused of driving under the influence or looking to secure a plea bargain, contact The Bourassa Law Group to hire the best DUI defense lawyers in Nevada.