It’s important for people accused of driving under the influence to know their rights and exercise them by retaining a skilled lawyer who will work to defeat or reduce the charge against them. Located in Las Vegas, the Miley Law Firm defends clients who have been accused of operating a vehicle while intoxicated, including clients who are underage. I have deep knowledge of the standards that apply in Nevada and use that to protect drivers against unwarranted charges and overzealous authorities.
Contact the Miley Law Firm, P.C. today to schedule a free consultation.
ESTABLISHED FIRM ASSISTS INDIVIDUALS ARRESTED FOR DRIVING UNDER THE INFLUENCE
Most Nevada drivers are considered legally intoxicated if their blood alcohol concentration (BAC) exceeds .08 percent. However, there are tougher standards for commercial vehicle operators (.04) and motorists under the age of 21 (.02). Whatever evidence the authorities claim to have against you, I’ll protect your rights and help you understand critical elements of the relevant law, such as:
- Penalties — Several penalties exist to punish people charged with driving under the influence, including fines, license suspension and the installation of ignition interlock devices that don’t let you start your car until you pass a breathalyzer test. Whenever possible, I look to limit or eliminate incarceration and other onerous penalties that significantly disrupt the lives of my clients.
- Multiple offenses — How you handle a DUI charge might hinge on whether it is a first or second offense or if you’ve had multiple drunk driving convictions within the previous seven years. A first-time offender usually loses their driving privileges for six months and faces at least 48 hours of incarceration or community service. Upon a second conviction, the minimum sentence is 10 days (which might be served in home confinement), and the suspension runs for a year. After that, the penalty involves at least a year of prison. After reviewing your history, my firm develops a sound strategy geared to your situation.
- Test refusal — Regardless of whether you are impaired or not, refusing to submit to a sobriety test after you have been arrested affects your ability to drive. A first refusal triggers a one-year license revocation. This is an administrative penalty, not a criminal charge, so the allegation cannot be fought in court.
Often, someone facing a drunk driving allegation is not familiar with the criminal justice system and the defenses that might be available. My experience helps accused motorists understand the case against them and challenge improper evidence.
SKILLED COUNSELOR DEFENDS DRIVERS FACING EXTREME AND AGGRAVATED DUI CHARGES
A test result far in excess of the legal intoxication limit can lead to an aggravated DUI charge and potential penalties that are more serious than the standard punishments. If someone is extremely intoxicated, defined by a BAC that is at least .18 percent, they can face the tougher charge, pay a higher fine and be forced to use an ignition interlock device on their vehicle. You might also be subject to a harsher charge if you’re involved in an accident causing serious injury or have someone younger than age 15 in the car.
THOROUGH ATTORNEY SEEKS DUI SENTENCE REDUCTION FOR CLIENTS
By thoroughly reviewing the facts, I can assess whether proper legal grounds existed for the DUI stop or if a testing error might have led to a false finding of intoxication. From there, I use what’s been learned to seek a dismissal, acquittal, reduced sentence or more lenient charge. When an alleged DUI incident results in someone else’s injury, it’s important to understand that you might also be named a defendant in a claim for civil damages.
Contact a Proven Nevada DUI Defense Attorney to Learn About Your Legal Options
The Miley Law Firm, P.C. in Las Vegas represents Nevadans who have been accused of driving under the influence of alcohol or drugs. For a consultation regarding your case, please call 702-919-5405 or contact me online.
Frequently Asked Questions about DUIs
What happens if you get a DUI in one state but live in another?
A DUI in one state will generally impact your driving privileges in your home state. This is due to the Driver License Compact, an agreement among most states to share DUI information. You may face penalties in both states, including license suspension and fines.
What should I do if I am not a Nevada resident?
If you're not a Nevada resident and get a DUI in Las Vegas, it's crucial to contact a local DUI attorney as soon as possible. The DUI attorneys at Miley Law Firm, P.C. can assist with your case and advise you on the specific laws and procedures in Nevada.
How long does a DUI stay on your record in Nevada?
A DUI in Nevada stays on your driving record for life. However, the penalties associated with a DUI conviction, such as increased insurance rates, may decrease over time with good driving behavior.
Is DUI a felony in Nevada?
A first-time DUI in Nevada is typically a misdemeanor. However, it can become a felony under certain circumstances, such as if there was a child in the car or if the DUI resulted in serious injury or death.
What happens when you get a DUI in Nevada?
Penalties for a first-time DUI in Nevada can include jail time (2 days to 6 months), fines ($400 to $1,000), license suspension (90 days), DUI school, and IID installation.
What happens when you get a second DUI in Nevada?
Penalties for a second DUI in Nevada within 7 years are more severe and can include jail time (10 days to 6 months), fines ($750 to $1,000), license revocation (1 year), DUI school, IID installation.
Will an out-of-state DUI show up on a background check?
Yes, out-of-state DUIs typically appear on background checks, especially those that include a driving record check.
Can you move out of state while on probation for DUI?
Moving out of state while on probation for a DUI requires court approval. You'll likely need to coordinate with both the Nevada court and the probation department in your new state.
What is an IID, and what is the purpose?
An Ignition Interlock Device (IID) is a breathalyzer attached to your vehicle's ignition system. You must blow into the device to start your car, and it prevents the engine from starting if it detects alcohol on your breath. IIDs are used to prevent drunk driving.
What are some defenses to DUI charges?
There are various defenses to DUI charges, including challenging the legality of the traffic stop, questioning the accuracy of the breath or blood test, and presenting evidence that you were not impaired.
When will I know that my driver’s license has been revoked?
You'll typically be notified of a license revocation by mail. The notice will explain the reason for the revocation and any steps you need to take to reinstate your license.
How much will it cost to hire a Las Vegas DUI attorney to represent me?
The cost of hiring a DUI attorney varies depending on the complexity of your case and the attorney's experience. Miley Law Firm, P.C. offers free consultations to discuss fees related to your DUI case.
I need to drive for work – can I still drive to and from work?
In some cases, you may be eligible for a restricted license that allows you to drive to and from work or for other essential purposes. The DUI attorneys at Miley Law Firm P.C. can help you explore this option.
Can I get my license back after a DUI?
Yes, you can typically get your license back after a DUI, but you'll need to fulfill certain requirements, such as completing DUI School, paying fines, and potentially installing an IID.
Should I plead guilty to DUI charges?
It's generally not advisable to plead guilty to DUI charges without first consulting with an attorney. The attorneys at Miley Law Firm, P.C. can assess your case and advise you on the best course of action.
What happens if I fail a chemical test?
Failing a chemical test (breath or blood) will likely result in an automatic license suspension and can be used as evidence against you in court.
What if I refuse to perform a chemical test?
Refusing a chemical test in Nevada can result in an automatic license revocation and may have other legal consequences.
What is the purpose of the DMV hearing?
The DMV hearing is an administrative hearing to determine whether your driver's license should be suspended or revoked following a DUI arrest.
