Driving Under the Influence

Criminal Defense

DUI

Driving under the influence, or committing a DUI, refers to operating any motor vehicle while under the influence of alcohol. According to Nevada state law, a DUI can occur while operating any motor vehicle, whether it’s a semi-truck or a farm tractor.

Because DUIs can endanger both the driver and everyone around them, including pedestrians and other motor vehicle operators, Nevada laws can impose serious consequences for anyone convicted of a DUI, including the loss of driving privileges.

Contact Shahani Law to discuss your DUI case.

dui while driving
dui arrest in nevada

The Basic Facts

Nevada’s current laws categorize a DUI as having occurred when a driver has:

• A blood alcohol concentration (BAC) of .08 percent or higher

• Has been operating the vehicle after ingesting controlled substances, including designer drugs

• Has shown physical signs of being unable to safely operate a vehicle such as swerving, speeding, or otherwise demonstrating a disregard for traffic safety laws.

It should also be noted the Nevada BAC limit of .08 percent does not apply to drivers of commercial vehicles and drivers younger than 21. 

The BAC minimum limit for commercial drivers shrinks down to .04 percent and .02 percent for underage drivers. 

Regarding underage drivers, please note the wording of the law does not state “drivers between the ages of 16 and 21.” So it’s possible for minors younger than 16 to be charged with committing a DUI.

Penalties for DUI

First time offenders is a misdemeanor and carry penalties of :

  • up to 6 months in jail or 48-96 hours of community service
  • up to $1000 in fines.
  • online driver course (DUI School)
  • Possible attendance at Victim Impact Panel
  • Suspension of drivers license for a set time

A second conviction is still considered a misdemeanor but the penalties will increase such as increased jail time, higher fines and a one year suspension of drivers license. 

A third DUI (within 7 years) will be a felony and penalties can include

  • 1-6 years in prison
  • up to $5000 in fines
  • alcohol/drug dependency evaluation
  • 3 year suspension of license

 

A DUI causing injury or death or a DUI after a felony conviction of DUI will carry the highest penalties including extensive prison time such as up to 20 years in prison.

dui checkpoint in nevada

Nevada DUI laws apply primarily to driving a motor vehicle. As such, if you are operating a non-motorized vehicle while under the influence and present a threat to other individuals, you would likely not be charged with a DUI but rather public intoxication and maybe some form of creating a public disturbance. For example, it’s possible to be intoxicated while operating certain vehicles including:

Rollerblades or roller skates
• Skateboards
• Non-motorized bicycles (although motorized bicycles would qualify for a DUI)
• Those sneakers with the wheels in the soles

In these situations, law enforcement could still make an arrest or issue a citation. Just not a DUI citation.

DUI Considerations

For a DUI to have occurred according to Nevada law requirements, multiple factors may have to be considered by law enforcement officials. In addition to a driver’s BAC percentage, law enforcement officials may also consider such factors as:

  • The physical location of the vehicle, including whether it was in motion, where the vehicle was at the time of the office’s investigation, and whether it was legally parked or just sitting on private property.
  • The engine. Even if the vehicle’s engine has not been activated, the driver’s ability to turn the ignition and start the car can be a factor.
  • The driver’s location. Was the driver in the driver’s seat, or were they sitting someplace else inside the vehicle? Were they even inside the vehicle?
  • The driver’s consciousness. More specifically, whether the driver was asleep or awake at the time of law enforcement’s questioning. This consideration ties in with the driver’s location. If they fell asleep behind the wheel, a DUI charge might apply even if the vehicle’s engine was off.

If a driver has been accused of  a DUI, some of these factors may also be used as a defensive argument by the driver, too. For example, if the driver climbed into the passenger seat and went to sleep with the engine off and legally parked, the “sleeping it off” defense may apply.

Shahani Law Can Help

If you have been charged with a DUI, besides the legal penalties for conviction, there is the further ramifications in your life such as social ostracization and difficulty getting a job or applying for a mortgage loan. If accused, you will need compassionate and competent legal help.  To learn more about defense against DUI charges in the state of Nevada, contact Shahani Law Ltd. today.

Our Team Can Help!

If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.

Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.

Driving Under the Influence

Criminal Defense

What is an Assault?

Assault is the unlawful attempt to use physical force on another person or intentionally place another in reasonable apprehension of immediate bodily harm.

Put simply, assault can be where you intended to use physical force but miss or where you threaten bodily harm.

Factors that Determine Assault Penalties
In its least severe form, an assault is a misdemeanor. However, if the assault was with a deadly weapon, against a protected set of people or the assault was committed by an inmate or a person on probation/parole, the punishment is more severe.
Shows a man ready to assault a woman in her home.
Show various items that are used to assault someone.

What is a Deadly Weapon?

Nevada law defines a deadly weapon as “any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death” or “any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.”NRS 193.165

Of course, a knife or gun falls into this category, but other objects, if used to inflict injury, are classified as deadly weapons. For instance, bats, screwdrivers, rocks, sticks, bottles, and other household items can all be classified as deadly weapons.

  • Firefighters;
  • Police Officers;
  • Peace Officers;
  • Jailers;
  • Judges and Justices;
  • Civilian volunteers of law enforcement agencies;
  • Many employees and volunteers of the State or political subdivisions;
  • A provider of health care;
  • Employees of a school;
  • Sports officials at sporting events;
  • Taxicab drivers; and
  • Transit operators.

Misdemeanor Assault

If the assault was not with a deadly weapon, not on a protected person and not by an inmate or person on probation/parole, then assault is a misdemeanor punishable by:

  • Up to 180 days in jail, and/or
  • A fine of up to $1000.


Assault with a Deadly Weapon

All assaults with a deadly weapon are Category B Felonies punishable by:

  • 1 to 6 years in prison, and/or
  • A fine of up to $5,000.


Assault on a Protected Person without a Deadly Weapon

If the assault is without a deadly weapon but against a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a gross misdemeanor punishable by:

  • Up to 365 days in jail, and/or
  • A fine of up to $1000.


Assault without a Deadly Weapon on a Protected Person by an Inmate or a Person on Probation/Parole.

If an inmate or person on probation/parole commits an assault without a deadly weapon, and the assault was made on a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a Category D Felony punishable:

  • 1 to 4 years in prison, and
  • A fine of up to $5,000.
  • Self-Defense

People in Nevada can defend themselves if they reasonably believe they are facing an urgent or pressing threat of bodily harm, and the non-aggressor used no more violence then necessary to protect themselves.

  • False Statements

If a person did not commit assault but the alleged victim lied, then the person is not guilty of assault. A skilled attorney is necessary to show the court that the alleged victim was not truthful and his testimony should be disregarded.

Our Team Can Help!

If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.

Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.