LAS VEGAS DUI/DWI DEFENSE ATTORNEY

DUI or driving under the influence of alcohol, recreational, or even prescription drugs is a very serious matter in Nevada. You can be prosecuted for a DUI even if your blood alcohol measures under the legal limit (.08%). Further, you risk jail time and complete loss of your driving privileges. Even if you do not have a Nevada driver’s license, you can lose your driving privileges in your home State.

You need a qualified Las Vegas DUI defense attorney to handle your case. DUI is a specialized, technical area of law that requires skill, dedication, and expertise. At Mueller, Hinds, and Associates, Chtd., we are proud to have handled 1000’s of DUI criminal cases and administrative hearings for our clients. Call our office now for a free consultation.

DUI Frequently Asked Questions             

• I was just arrested, what should I do?

Although your court date may not be for many months, we urge you to contact us immediately. If you submitted to a breath test at the jail or possibly in a DUI van, your driving privileges may already be suspended. You will not receive any notice from the DMV. If you retain us, we will immediately request an administrative hearing to challenge the loss of your driving privileges and request a temporary license for you. In generally takes 3 business days for your license to be available. You will then take $2.25 to any full-service DMV and pick up your license.

If you submitted to a blood draw, your results will likely not be available for approximately 75 days. Regardless, it is far much more beneficial to you if you contact us as soon as possible after your arrest to begin preparation of your defense. There may be valuable evidence that is in danger of being destroyed if you do not act quickly.   

• What will happen if I am convicted of a DUI? 

If you are convicted of a first offense DUI, you are facing the following criminal sentence:

1. 2 days up to six months in jail or 48 to 96 hours of community service;
2. A fine from $577.00 up to $1,000 fine, including court costs;   
3. A $60.00 chemical assessment fee;
4. Attendance at a DUI school, which is usually an 8 hour class that generally costs around $200.00;
5. Attendance a “victim impact panel.”  This is a one-time seminar sponsored by Mother’s Against Drunk Driving. The speakers are persons who were themselves victims of drunk driving accidents or persons who have had family members killed or injured by drunk drivers. The fee for this panel is usually $50.00, payable in cash the night of the seminar.
6. If your blood alcohol level was 0.18 or higher or if you are under the age of 21, you must also submit and pay $100 for an alcohol evaluation to determine if you need treatment for alcohol abuse.

In addition, you are facing the following administrative penalties. You may suffer these consequences even if you are not convicted of a DUI:

1. Your license may be revoked for 90 days. You must serve 45 days of the 90 day suspension before you are eligible for a license to drive to and from work;
2. $65 Reinstatement Fee
3. $35 Victims Compensation Civil Penalty
4. $21.75 Driver License Fee
5. You may be required to take your written and driving tests again.
6. Further, you will be required to carry SR-22 insurance for a period of three years, whether you drive or not.

For a second offense DUI, you are facing all of the criminal penalties, except that jail time is a minimum of 10 days, the minimum fine is $750.00, and the alcohol evaluation is mandatory. Further, you will lose your driving privileges for 1 year. There is no provision in Nevada law that allows you to serve a portion of this suspension and obtain limited driving privileges.

For a third offense conviction, you are facing a mandatory 1 to 6 year mandatory prison sentence (this crime is non-probationable). In addition, your driving privileges will be suspended for a minimum of 3 years from release of prison.

• Do convictions from other states count for a second and third offense?

Yes, but there are many ways to challenge DUI convictions both from Nevada and other jurisdictions.

• What will happen to me if I am under 21?

The legal limit for drivers under 21 is 02%. You will face all of the penalties above, except that the alcohol evaluation is mandatory. If you are younger than 18, the juvenile judge may add additional requirements to your sentence, such as imposition of curfew, mandatory employment, and maintenance of a certain grade point average.

• What if I wasn’t driving, but I was asleep in the car?

In Nevada, you cannot drive or be in actual physical control of a motor vehicle while under the influence. There are several factors used to determine whether a person is in actual physical control of a motor vehicle, such as where the occupant was seated, whether the keys were in the ignition, whether the car was running, and whether the car was in a location that the person must have necessarily drove there.

You need a skilled attorney to handle this case. If you aren’t careful, you could be convicted of driving under the influence for sleeping in your car!

• What will happen if I drive while my license is suspended?

If your license was suspended because of a DUI, and you are convicted of driving on a suspended license, it is mandatory under Nevada law that you spend 30 days in jail. This is actually longer than the amount of time you would likely spend in jail for the DUI conviction itself. We strongly urge you to call our Mueller, Hinds, and Associates, Chtd. before you make any court appearances for this charge.

• What is the difference between a suspended and revoked license?

A suspended license if suspended for a set period of time. In Nevada the suspensions are 90 days for a first offense DUI, 1 year for a second offense DUI, and 3 years for a third offense DUI. If you comply with all other requirements, you are eligible to receive your license after the time period has elapsed.  

A revocation is indefinite. You must call our office to determine what you must do to obtain your driving privileges.

• I live in a State other than Nevada. What should I do?

You should contact us before you make plans to attend your first court appearance. So long as you have an attorney, he or she can appear, and you will not need to attend the first appearance. In fact, we have had many clients whose matters we resolved without our out of State clients ever having to appear.

• I have a commercial driver’s license. Help!

You need to contact our office immediately. You are only allowed to have an alcohol limit of .04%; however, even a lower amount will not necessarily stop prosecution. We have had many client with CDL’s who did not lose their driving privileges or jobs.

• I saw an ad for an attorney that charges $1500.00 for DUIs. Why shouldn’t I just hire him?

At Mueller, Hinds, and Associates, Chtd., DUI is one of our specialties. We represent people who either need or want to avoid having a DUI conviction on their record. We have extensive trial and negotiating experience in these matters both as a prosecutor and defense counsel. Additionally, we have a staff of full-time employees dedicated to DUI trial preparation, calendaring, monitoring. If your case does not negotiate to a lesser charge that you find acceptable, we will proceed to trial on your behalf.

Call the attorney that charges $1500.00 and ask him or her how many DUI cases he or she has had in the last week, month, or even career. Ask him or her if they will even proceed to trial on your behalf.

The fact of the matter is that you simply don’t need to hire an attorney to go to court with you to plead guilty. You can plead guilty yourself free of charge.   

• What are your fees?

Each case is different. Once we have met with you and learned about your particular case, we will quote you a fee and give you a written proposal. Our fees are flat fees, meaning all of our work is included, even a trial. Further, we offer payment plans with interest-free financing, as long as payments are made on time.

• Why shouldn’t I just take the Public Defender?

Because this charge carries jail time, you will be entitled to a public defender if you qualify. The Clark County Public Defender’s Office is very capable for many types of cases. Unfortunately, unlike other types of charges, DUI is not the type of case for which you will receive an attorney specialized in DUI defense. As such, it is not likely that the Public Defender will be prepared to present your defense or recommend that  you proceed to trial. Further, the Public Defender cannot represent you in the administrative hearing.

Speak to one of our Las Vegas criminal defense lawyers 24 hours a day 7 days a week. 
Call us now at (702) 940-1234 or toll free at 1 (800) 899-1737.