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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.
Please note the crime of driving under the influence includes driving under the influence of drugs.
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.
First time offenders is a misdemeanor and carry penalties of :
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
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.
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.
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:
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.
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 vigorously defend you against conviction. To learn more about how Jherna Shahani can defend you against DUI charges in the Las Vegas area, contact us today.
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.
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.
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.
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:
Assault with a Deadly Weapon
All assaults with a deadly weapon are Category B Felonies punishable by:
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:
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:
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.
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.
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.