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The majority of DUI charges arise from minor traffic violations. More often than not, people are pulled over for infractions such as speeding, etc. when the investigating officer observes intoxicated behavior or other evidence which leads them to pursue a DUI investigation.

The observations that lead to a DUI investigation can be things as simple as the faint smell of alcohol on the breath, to a person fumbling as they attempt to open their glovebox. A DUI investigation can quickly turn from a routine traffic stop to an arrest if you fail to take proper precautions.

What Happens In A Roadside DUI Investigation?

You may be asked point-blank questions about your activities that evening (whether you’ve had anything to drink, etc.), or the officer may be more discreet in their line of questioning. In any case, it is imperative that you remain calm and non-specific in your answers.

Next, the officer may ask you to take a preliminary breathalyzer test. Nevada state law states that if you do not submit to a breathalyzer test, you have the potential to have your driver’s license revoked for up to one year. This is a significant penalty considering that being convicted of a misdemeanor DUI first offense carries only  90-day license revocation with it.

If the result of the preliminary breath test is at or in excess of the legal limit, it is almost certain that the officer will ask you to perform field sobriety tests. Before doing so, they will ask if you have any health conditions that could prevent you from capably doing these tests, and if there are none, the officer will proceed with the tests. There are a minimum of three field sobriety tests known as:

• Horizontal Gaze Nystagmus (HGN): Perhaps the most indicative of intoxication, this test utilizes involuntary eye movements to test your responsiveness.
• One Leg Stand (OLS): The officer will ask you to stand on one leg to test your balance.
• Walk and Turn: Also a balance test, you will be asked to walk down a straight line and turn around.

It is worth knowing that performing field sobriety tests are not required, and they are often failed no matter what level of sobriety you may be at. If you do choose to participate in field sobriety tests and fail them, the officer will then Mirandize (read you your rights) you and place you under arrest on suspicion of driving under the influence. You will then be transported to the police station.

Once you are at the police station, you will have the choice between a breath and blood test. If more than two hours have passed since you were stopped, these test results are generally disregarded by the court and are not taken into consideration for your case. You will then be brought to the jail, where you are booked into custody and held for a period of 12 to 36 hours. The amount of time you are held is largely determined by your level of sobriety and criminal history. More often than not, most DUI defendants do not have a criminal history, which enables them to be released from custody less than 18 hours from their arrest.

By Nevada statute, DUIs are punishable with two days in jail. Many times, individuals are given credit for time served, despite the fact that they have only done from six to eighteen hours in custody. Once you are released from custody, you are given a return court date. You will then be arraigned on DUI charges and asked to either plea guilty or not guilty, and the process will proceed from there. In the case of a misdemeanor DUI charge, once you make your plea, the matter will be set for trial within 60 to 90 days. In the event of a felony DUI charge, you are entitled to a preliminary hearing within 15 days if you are in custody.

For more information on Aftermath Of DUI Stop In Nevada, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 745-4700 today.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

Getting arrested for driving under the influence (DUI) in Nevada is a serious matter with far-reaching consequences, particularly for your driver’s license. In addition to criminal penalties like jail, fines, and mandatory programs, a DUI can result in license suspensions or a revocation, significantly impacting your ability to drive and maintain your independence. The issues surrounding a DUI arrest often involve complex legal procedures, including the need to file an appeal or comply with a court order. Accessing the correct information and guidance is crucial for anyone facing this challenge. At Lipp Law LLC, we’re here to help you navigate this process, whether it involves communicating by mail with the DMV or addressing differences in DUI laws across states. 

Immediate Consequences of a DUI Arrest in Nevada

When you’re arrested for DUI in Nevada, the repercussions for your license begin immediately. The police officer handling your arrest will issue a notice of an administrative driver’s license suspension. This notice informs you of the state’s intention to suspend your driving privileges due to either:

• Blood Alcohol Content (BAC) exceeding the legal limit of 0.08% for most drivers (lower limits apply for commercial drivers and drivers under 21).
• Refusing a breath test or blood test is considered a DUI offense under Nevada’s implied consent law.

The failure to comply with testing can also trigger a mandatory license revocation. This penalty is part of the state’s strict approach to DUI enforcement, which seeks to reduce accidents and related fatalities, including cases resulting in death.

This process is handled by the Nevada DMV, independent of any criminal court case. The driver has seven days to request a DMV hearing to contest the suspension. Consulting a skilled DUI attorney or DUI lawyer can make a significant difference in the outcome. They will help address the complexities of the hearing, including presenting your name and defending against assumptions of guilt.

If you don’t take this critical step, your DUI license suspension will proceed automatically. Knowing how to navigate the process and leveraging legal experience can protect your rights. Acting quickly on things like filing paperwork and presenting evidence can significantly impact the outcome.

The Nevada DMV Hearing: What to Expect

The administrative hearing is your first opportunity to challenge the suspension of your driver’s license. This hearing is not part of the criminal trial but focuses solely on the condition of your arrest and whether proper procedures were followed. Your attorneys can review the evidence, question the police officer, and present proof of any errors. Acting on your behalf, they ensure that every aspect of your defense is covered to improve your chances of success.

At Lipp Law LLC, we help someone in your situation prepare for these hearings by gathering facts about the test results, breathalyzer calibration, and any traffic violations or violations of your legal rights. Our expertise allows us to provide strategic advice and assistance tailored to your case. Whether it’s answering a phone query or sending a detailed message to update you, we prioritize effective communication.

If the suspension is upheld, the length of the license suspension varies depending on the number of offenses:

• First offense: 90-day suspension
• Second offense: One-year revocation
• Third offense: Three-year revocation

It’s important to note that every defendant faces unique circumstances. A serious DUI case involving injury may carry harsher consequences. Visiting our office for a consultation can help you understand your options and take the necessary steps to protect your life and driving privileges.

Criminal Proceedings and Your License

Separate from the DMV hearing, your DUI case will proceed through the criminal justice system. Here, the consequences extend beyond your driving privileges. A DUI conviction under DUI law carries penalties such as:

• Fines and jail time
• Mandatory DUI school
• Substance abuse evaluation and treatment
• Installation of an ignition interlock device on your vehicle

For repeat offenses, penalties escalate, including extended license revocations and felony charges. Depending on the type of offense, a DUI may even be considered a crime involving reckless driving, which carries additional severe penalties.

These criminal penalties are determined during the court case, where your defense attorney will take action to advocate for reduced charges or alternative sentencing. Your attorney may review your history and focus on the specific circumstances of the incident. For example, they may argue on your side by emphasizing your clean record, age, or driving purposes at the time of the arrest.

A DUI case impacts many people differently, and the court often requires a letter or statement reflecting personal responsibility or remorse. While nothing guarantees an ideal outcome, strategic defense measures can mitigate the consequences and help you rebuild your life after a conviction.

How DUI Charges Affect Your Driving Privileges

The impact of a DUI on your driver’s license is profound. Without a valid license, you may struggle to commute to work, attend medical appointments, or handle daily responsibilities. Losing your driving privileges can also affect your insurance, as many providers increase premiums or cancel policies after a DUI conviction. Additionally, if your DUI involved an accident, the consequences can be even more severe, potentially leading to higher fines, extended license suspensions, and increased legal and financial liabilities.

After a license suspension or revocation, you must meet Nevada’s requirements for reinstatement, which typically include:

1. Completing DUI school or a treatment program
2. Filing an SR-22 form to prove financial responsibility
3. Paying reinstatement fees

Failing to comply with these steps can lead to additional consequences, including prolonged loss of your driving privileges.

Defending Against DUI Charges

The best way to protect your driver’s license and minimize the penalties of a DUI arrest is to work with an experienced DUI lawyer. At Lipp Law LLC, we focus on defending drivers against DUI charges in Las Vegas and throughout Nevada. Whether it’s your first DUI or a repeat offense, we can provide skilled legal representation tailored to your case.

Our team, led by Josh Tomsheck, is equipped to handle all aspects of DUI defense, including:

• Contesting the validity of chemical test results
• Challenging improper police procedures during your arrest
• Negotiating reduced charges or alternative penalties
• Representing you at DMV hearings and in criminal court

Working with a knowledgeable attorney can improve your chances of achieving a favorable result, whether avoiding a license suspension, reducing fines, or securing a dismissal of charges.

Key Considerations for Nevada DUI Cases

DUI laws in Nevada are strict, but understanding them can help you navigate your case more effectively. Here are some essential factors to keep in mind:

1. Blood Alcohol Content (BAC) Levels

The legal BAC limit for most drivers is 0.08%, but for commercial drivers, it’s 0.04%, and for drivers under 21, it’s 0.02%. Exceeding these limits can lead to immediate penalties.

2. Implied Consent Law

By driving in Nevada, you consent to a breath or blood test if suspected of DUI. Refusing to take these tests can result in an automatic license suspension, regardless of whether you were impaired.

3. Ignition Interlock Devices

For certain DUI convictions, the court may require you to install an ignition interlock device in your vehicle. This device measures your BAC before allowing the car to start.

4. Impact on Your Record

A DUI conviction becomes part of your permanent record, affecting your insurance, employment opportunities, and reputation. For repeat offenders, the consequences are even more severe, often resulting in felony convictions.

Common Questions About DUI Arrests and Licenses

Here are answers to some of the most frequently asked questions about DUI charges and their impact on your license:

What is the difference between a license suspension and revocation?

A suspension is a temporary loss of driving privileges, while a revocation means your license is canceled and must be reapplied for after the designated period.

Can I drive with a temporary permit?

Yes, after a DUI arrest, you may qualify for a temporary permit to drive while awaiting your hearing or trial.

What is an SR-22?

An SR-22 is a certificate of financial responsibility required for high-risk drivers. It serves as proof that you meet Nevada’s minimum insurance requirements.

How can I reinstate my license after a suspension?

To reinstate your driver’s license, you must complete all court-ordered requirements, file an SR-22, and pay reinstatement fees.

Why Choose Lipp Law LLC?

At Lipp Law LLC, we pride ourselves on delivering exceptional legal services to our clients. Whether you’re facing a first offense or a complex DUI case, our firm provides comprehensive support tailored to your unique situation. We understand that the stakes are high, and we’re committed to protecting your rights, addressing your concerns, and helping you move forward.

Our approach includes:

• A thorough review of your case
• Transparent communication about your options and potential outcomes
• Aggressive defense strategies to challenge charges and minimize penalties

Steps to Take After a DUI Arrest

If you’ve been arrested for DUI in Nevada, acting quickly is essential. Here’s what you should do:

1. Request a DMV Hearing
2. File your request for a DMV hearing within seven days of your arrest to challenge the license suspension.
3. Consult a DUI Lawyer
4. Consult an experienced attorney to discuss your case and develop a defense strategy.
5. Gather Evidence
6. Collect proof supporting your defense, such as witnesses, police reports, or medical records.
7. Comply with Court Requirements
8. Attend all hearings and complete any mandatory programs to avoid additional penalties.

Protect Your Future with Lipp Law LLC

Facing a DUI charge is daunting, but you don’t have to go through it alone. At Lipp Law LLC, we specialize in helping drivers navigate the complexities of Nevada’s DUI laws. From contesting a license suspension to defending your rights in court, we ensure you receive the best possible representation.

Contact us today to schedule your free consultation. Let us help you protect your license, future, and peace of mind.

FAQs About DUI Arrests and Driver’s Licenses in Nevada

1. What happens immediately after a DUI arrest in Nevada?

When a person is arrested for DUI, the police issue an administrative driver’s license suspension notice. This notice serves as a temporary permit, valid for seven days, during which the individual must request a DMV hearing to contest the suspension.

2. Can I still drive while my DUI case is pending?

You may drive with a temporary license if issued after your arrest. However, failure to request a DMV hearing within seven days can result in an automatic license suspension.

3. How do DUI lawyers assist in these cases?

DUI lawyers provide legal expertise to challenge the suspension of your license and the criminal charges. They examine evidence, question procedures, and explore ways to mitigate penalties or dismiss the case.

4. What types of penalties can I face for a DUI?

Penalties include:

• Fines.
• Jail time.
• Mandatory DUI school.
• Substance abuse treatment.
• Possible installation of an ignition interlock device.

The severity depends on the number of offenses, BAC level, and circumstances like an accident.

5. What are the differences between a license suspension and revocation?

A license suspension temporarily restricts your driving privileges, while a revocation cancels your license entirely. After a revocation, you must reapply for a new license and fulfill additional requirements.

6. Can a lawyer help me avoid a license suspension?

Yes, a skilled lawyer can request a DMV hearing on your behalf and present arguments to challenge the suspension. Success depends on the evidence, procedures followed during your arrest, and other legal factors.

7. What are the rights of a person during a DUI arrest?

You can remain silent and consult a lawyer before answering police questions. If tested for BAC, you may not refuse without facing additional penalties under Nevada’s implied consent law.

8. Are there different types of DUI offenses?

Yes, DUI offenses range from first-time violations to felony charges for repeat offenders or DUIs involving accidents causing injury or death. Penalties escalate with each subsequent offense.

9. Can a DUI conviction be removed from my record?

In Nevada, DUI convictions remain permanently on your criminal and driving records. However, working with experienced lawyers may help reduce charges or penalties.

10. How can I protect my rights after a DUI arrest?

Hiring experienced DUI lawyers is the best way to protect your rights. They ensure due process, help you navigate the legal system, and advise on the best action to minimize consequences.

For many, many years, the short answer to this question was “no.” However, here in Nevada, times have changed to the degree that this is not necessarily the case anymore. A recent change in the law allows those facing a driver’s license revocation for a pending DUI conviction to install what is known as Breath Ignition Interlock Device into their vehicle. In so doing, the defendant driver will be permitted to drive during the period wherein their license would formally be revoked.

This is a relatively new development and one that, for the most part, our clients seem to want to avail themselves of, assuming finances permit. The installation and maintenance of the Breath Ignition Interlock Device will cost anywhere from $75-$150 for installation, and there will be similar monthly maintenance costs associated with the use of the device.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

The process for criminal law in Las Vegas may differ slightly from what you are used to in other states, so if you are moving to Las Vegas it is a good idea to familiarize yourself with the differences between criminal law in Nevada and elsewhere. One area that is worth understanding about Criminal Law in Las Vegas is that there is a statute of limitations for misdemeanor charges in Nevada, and that limit is one year and one day. The statute of limitations is different for felony cases, Most are for 4 years, but murder does not have a statute of limitations. A simple misdemeanor in Las Vegas municipal court will be handled by the Las Vegas Justice Court. Or Municipal Simple cases include shoplifting, traffic tickets, possession of marijuana, DUI, and domestic violence Felonies and other more serious state cases will be tried at 8th Judicial District Court. This court is also responsible for hearing appeals from the Las Vegas Justice Court.

The Legal Process

When someone is arrested, the police will try and interview the arrestee. ( I always advise my clients not to make a statement before contacting an attorney) and any witnesses, and put together a report. As a part of the arrest, the police officer must go through the Miranda Rights process, telling that person that they have the right to remain silent, and the right to have an attorney present during their questioning. If the arrested person cannot afford to have their own. The courts will appoint a lawyer to help a person with their defense. The lawyers that defend people who are unable to pay for their own defense are called public defenders. To qualify to have a public defender work with you, you must have an income below a given threshold. If you have a charge pending, or you are worried that you are going to be charged with an offense in Las Vegas, then you should call an attorney as soon as possible.

When dealing with Criminal Law in Las Vegas, a police report does not automatically mean that you are being charged with something. If there is not enough evidence to support a charge, then you will not be charged. If the district attorney believes that there is enough evidence to warrant a charge, then they will fill out a criminal complaint form. This starts the legal process. The district attorney is claiming that the accused has committed a crime, and now they must prove it.

The Hearing

Criminal Law in Las Vegas starts with an arraignment hearing, which is the first appearance that the defendant will have in court. The defendant is asked to make a plea about their accusation. That plea is usually going to be ‘not guilty’, although they may also plead guilty, or ‘no contest’. The latter is an unusual plea which means that they do not contest the charges, but that they also do not admit guilt. However, the court will find you guilty. The attorney may appear on behalf of the client instead of the client appearing.

The next step is for the defendant’s attorney to ask for a copy of the police reports, witness statements, and other evidence. In some cases the defendant’s attorney will try to negotiate a plea bargain. With criminal law in Las Vegas, and in other parts of the United States too, around 90 percent of cases be resolved by a plea bargain rather than a trial. This may seem like a high percentage, but you should understand that for a case to go to trial the district attorney must believe that there is enough evidence to make it worthwhile. The burden of proof required in a criminal case ( beyond a reasonable doubt) is set up to protect the accused. With Criminal Law in Las Vegas, the accused are presumed innocent until they are proven guilty. This means that there is the opportunity to be released on bail. There are some cases where someone can be released without bail. The judge may release the Defendant on his or her own recognizance and not require bail. The amount of Bail is set at the discretion of the court, and is assessed on a case by case basis. The bond will be set on the day of the arraignment, and there is the option for the judge to set conditions to ensure that the defendant will come back to court. The defendant must pay collateral to be released. The amount of collateral depends on their circumstances and the type of crime. There are bail bond companies that can help people who cannot afford to pay the entire amount in cash and bond themselves. In Criminal Law in Las Vegas, the Defendants must pay 15% If the defendant does not meet the conditions of their bail, then the court keeps the money, and a warrant will be issued.

The Trial

In Criminal Law in Las Vegas, Felony cases are tried in front of a jury. Misdemeanors do not involve a jury, but rather are ‘bench trials’. These trials are heard by a judge who will determine whether the defendant is guilty or not, and who will impose the sentence unless the charge is domestic violence. If so, a defendant is entitled to a jury trial. The judges are highly trained and are bound by an oath to be as fair and balanced as possible. It is still important to have good representation though, to ensure that the case is seen fairly from both sides.
Often, a good attorney can help with ensuring fair treatment and can highlight areas wherein law enforcement may have acted inappropriately. Search and Seizure, for example, is one area in which law enforcement may overreach. Under the fourth amendment, law enforcement must get a warrant to conduct a search if they suspect that someone is doing something illegal. The exception to this is that no warrant is necessary if something is in plain view. This doctrine is used by the TSA when they are performing screenings. There are several conditions that must be met for the ‘plain view’ doctrine to apply, though. The doctrine does not allow them to open closed containers, or invade people’s privacy and then use the evidence collected in trial if it was improperly obtained without a warrant.

In dealing with Criminal Law in Las Vegas, criminal lawyers are there to protect the people that they are working with, and that includes making sure that any interviews are conducted fairly, that pleas are reasonable, and that evidence was collected properly. If the accused did commit the offense in question then they will work to make sure that the punishment is fair and that it takes into account any mitigating circumstances (First offense, the person was ‘under duress’ from an associate, or was not thinking clearly at the time, was under the influence of alcohol). The justice system is set up to be as fair as possible, and to ensure that justice is done for victims and that criminals are punished, but people on both sides of the system (the accused and the accuser) have the right to fair treatment and for proper due process to be followed.

Note that Criminal Law in Las Vegas is slightly different for those under the juvenile system than it is 18 for adults. If a young person is accused of a crime then their crimes will be looked at in a different light, and the juvenile justice system is intended to rehabilitate young offenders before punishing the minor, taking into account the fact that the accused was a child when the crime was committed. The stance is that young people cannot make decisions as well as adults and that if a young person’s crime goes on their permanent record then it could leave them unable to pursue productive work as an adult. Lawmakers believe that young people deserve a second chance, and to enter adulthood with a clean slate so that there are as few barriers as possible to them becoming productive members of society. In Criminal Law in Las Vegas, young people should still have the support of a qualified attorney if they are accused of a crime, to ensure that they get appropriate treatment and that their case is heard in the right court (especially if they are close to coming of age). It is not unheard of for a juvenile case to be transferred to the adult criminal courts in the case of a serious offense, and the accused was close to adult age when the crime was committed.

Most cases for those under 18 will be tried in juvenile court. It is called a contested hearing. Under the law of Nevada, the courts do have the option to certify someone as an adult if the accused is over the age of 13 and has been accused of a high-level felony-level offense i.e. murder or armed robbery. Those under the age of 13 will almost always be tried in a juvenile court. The only time that a child must be tried as an adult is if the child was 16 or 17 at the time of the alleged crime, and the charge either involved sexual assault (rape), murder, or robbery or possibly when a firearm was involved. Even in those instances, there are some exceptions, such as for children that have emotional or behavioral problems, or if the child is clearly not developmentally or mentally competent enough to understand the situation. Children and adults see the world differently, and a good attorney will be able to make sure that the child is tried in a way that is appropriate.

So if you are in need of compassionate legal support for criminal legal issues in Las Vegas, give us a call to see how we can help you! We have been helping people in the Las Vegas Valley for over thirty (30) years. Click here to learn more about how we can assist you with your criminal law issue. To learn more about Attorney Daniel Lippmann, refer to this link to read his attorney profile.

The 2nd Amendment to the U.S. Constitution says: “​A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ​That means every American has a Constitutionally protected right to bear arms and that right is protected by the highest law in the land, the U.S. Constitution, right?

Not really. The U.S.​ Constitution’s Second Amendment isn’t​ a defense against a Nevada weapons crime. For​ example, two 17-year-old males allegedly brought guns to Sierra Vista and Desert Rose high schools. Both of these incidents led to their arrests on March 1, 2018. The Second Amendment would seem to protect them, doesn’t it? Well, it doesn’t. Nevada Revised Statute, NRS 202.265 makes it illegal to carry or possess a pistol, revolver, or another firearm on the property of a public school. The two 17-year-olds are facing charges of having violated that statute.

​In the case U.S. v. Miller​, 307 U.S. 174 decided in 1939 the U.S. Supreme Court ruled that a shotgun with a barrel of fewer than 18 inches could be regulated under the National Firearms Act (NFA) (which has since been replaced by Gun Control Act of 1968 (GCA)) because it was not a weapon that a Militia would use. The Supreme Court held that the NFA had been violated because the shotgun hadn’t been registered with the ​Bureau of Alcohol, Tobacco, Firearms, and Explosives​ (ATF).

Just because a shotgun with a barrel of fewer than 18 inches doesn’t have constitutional protection doesn’t mean you can’t have one. It just means you must register it and have an ATF stamp put on it. Your ability to own one is restricted because you have to meet the regulations under the GCA. The​ GCA also imposes a federal license requirement on gun manufacturers, importers, and persons in the business of selling firearms. These people are referred to as ​licensees.

In 1993 the GCA was expanded by the ​Brady Handgun Violence Prevention Act.​ The Brady Act created a background check system that required ​licensees to inspect the criminal history background of a prospective gun purchaser. The Brady Act also created a list of categories of individuals to whom the sale of firearms was prohibited. The list includes persons who were under indictment for certain crimes, fugitives from justice, addicts, mental defectives, and dishonorably discharged members of the Armed Forces. The ATF is also charged with preventing the sale of firearms to holders of state-issued medical marijuana. The Brady Act also generally prohibits persons under 18 years of age from possessing handguns or handgun ammunition. Under Federal law, it is also illegal to carry ​a gun in a school and in a government building.

The 2nd Amendment may provide some protection to gun owners, but that protection has been restricted in many ways. The right to bear arms has been infringed upon and can be expected to be further restricted in light of such incidents as Columbine, Sandy Hook, the October 1 massacre in Las Vegas, and most recently the killing of 17 school children in Parkland, Florida.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700