When The Toughest

Fight is Ahead

We Are on your Side

We Won't Give Up!

By: Lipp Law LLC

Things To Know If Someone Is Stopped At The Roadside For DUI In Nevada

Latest News

Being stopped at a DUI checkpoint or roadside in Nevada can be a stressful experience for anyone. Whether you’re in a busy area or a less populated way, knowing your rights and understanding what to expect can significantly affect the outcome of your case. The legal penalty for a person involved in a DUI crime can vary depending on the laws in Nevada and the specific circumstances. It’s essential to know whether law enforcement has a warrant or probable cause when they stop you. The Lipp Law LLC – Criminal Defense Lawyers in Las Vegas will walk you through all the essential steps and the critical information you need to know if you or someone else is stopped for DUI in Nevada. Understanding your rights can help you build a defense if you suspect something was mishandled during the stop. 

The Role of Law Enforcement in DUI Stops

When a police officer pulls over a driver suspected of drunk driving, people must remain calm and cooperate while also being mindful of their legal rights. Officers may ask a series of questions aimed at gathering information about your activities before the stop, such as how much you’ve been drinking, where you’re coming from, and whether you’ve taken any drugs or medications. These stops can sometimes occur at roadblocks, adding a layer of complexity. As a driver, you must provide your driver’s license, vehicle registration, and proof of insurance to meet legal requirements. However, you’re under no legal obligation to answer potentially incriminating questions beyond what the law requires.

It’s also crucial to remember that while cooperation with law enforcement is critical, you have the right to remain silent beyond providing the necessary documents. Consulting a defense attorney at the earliest possible time is always advisable. Clients who seek a consultation with an experienced defense attorney can gain valuable insights into the rules and direction their legal case should take, helping them avoid missteps that might affect their outcome. This can prevent miscommunication or self-incrimination that may be used against you later in court.

DUI Checkpoints and What to Expect

In Nevada, DUI checkpoints are legal and frequently used as part of the state’s effort to reduce drunk driving incidents. These checkpoints can sometimes act as a roadblock, allowing police to stop any vehicle passing through without specific suspicion. During such a roadblock, officers may ask for your license, registration, and proof of insurance, and they might even search vehicles under certain circumstances. You may also be asked if you’ve had anything to drink.

In some cases, officers may ask you to undergo a field sobriety test or a breathalyzer test to check your blood alcohol concentration (BAC). These tests are designed to help assess whether you’re under the influence of alcohol or drugs. In Nevada, the legal BAC limit is 0.08%, but even a lower BAC could result in a DUI arrest if the officer believes your ability to drive is impaired.

It’s essential to understand that refusing to take a breath test or field sobriety test at a DUI checkpoint can have immediate consequences. You may receive a disclaimer about the potential penalties for refusal. This may include the automatic suspension of your driver’s license, the need to provide your ID, and possibly arrest. Seeking legal advice or setting an appointment with a defense attorney early in the process can be critical to understanding your defenses. Officers may follow specific testing guidelines and use a flashlight to observe your behavior closely. In some cases, refusal to cooperate with these procedures may also be used against you in court, and you might be required to fill out additional forms as part of the legal process.

Things To Know If Someone Is Stopped At The Roadside For DUI In Nevada

The DUI Stop Process

When you’re stopped at the roadside, the officer will follow several steps to determine whether you are driving under the influence. Here’s what you can typically expect:

  • Initial Interaction: After stopping your vehicle, the officer will approach your window and ask for your driver’s license, registration, and proof of insurance. Be polite and hand over the required documents without arguing or sudden movements. Example: If the officer asks about the form of your documentation, ensure you provide the correct idea of what they need.
  • Field Sobriety Test: If the officer suspects you are under the influence, they may ask you to perform a field sobriety test. This test can include walking in a straight line, standing on one leg, or following an object with your eyes. The officer will look for signs of impairment, such as trouble balancing, slurred speech, or difficulty following instructions. If you see a stop sign, you may be asked to turn left or right as part of the test. The officer will also be evaluating your behavior for signs of intoxication.
  • Breathalyzer Test: If the officer continues to suspect you’re impaired, they may request a breathalyzer test to measure your BAC. If the results show a BAC of 0.08% or higher, the officer can arrest you for DUI.
  • Arrest and Charges: If arrested, you will be taken to the police station for further tests, such as a blood test, to determine your exact BAC. Depending on the results, the charges against you may include driving under the influence, a misdemeanor, or even a felony if there are aggravating factors.

Common DUI Penalties in Nevada

If convicted of DUI in Nevada, the penalties can vary depending on whether it’s your first offense or if you have prior convictions. Here are some of the potential consequences you might face:

  • Fines: The fine can range from $400 to $1,000 for a first-time DUI offense. For subsequent offenses, the fine will increase significantly.
  • License Suspension: A first-time DUI conviction can result in a 90-day suspension of your driver’s license. For a second offense, this can increase to one year; for a third offense, it may result in a three-year suspension.
  • Jail Time: For a first offense, you may face a minimum of two days in jail, up to six months. For repeat offenses or if aggravating factors such as causing an accident occurred, jail time can increase substantially.
  • Mandatory DUI School: You may be required to attend DUI school or complete an alcohol treatment program.
  • Community Service: First-time offenders must complete 48 hours of community service.
  • Ignition Interlock Device: You might be required to install an ignition interlock device (IID) in your vehicle, which prevents your car from starting if alcohol is detected on your breath.

Suppose aggravating factors are present, such as having a BAC well above the legal limit, driving with a minor in the vehicle, or causing an accident resulting in injury or death. The penalties can be even more severe in that case, including felony charges and extended jail time.

Understanding the Legal Process

After your arrest, your case will move through the legal system. Here’s an outline of what happens next:

  • Initial Hearing: After your arrest, you’ll be brought before a judge for an initial hearing. At this point, the judge will explain the charges against you and ask whether you wish to plead guilty or not guilty. Having a DUI attorney by your side during this hearing is crucial to provide guidance and protect your rights.
  • Building Your Defense: After the hearing, your attorney will begin building a defense based on the facts of your case. This may include challenging the results of the breathalyzer or field sobriety tests, questioning whether the police officer had probable cause to stop your vehicle, or identifying procedural errors in the investigation.
  • Trial or Plea Bargain: Depending on the evidence, your attorney may advise you to take your case to trial or negotiate a plea deal. Sometimes, a plea bargain may result in reduced charges or penalties.

Throughout this process, having an experienced DUI lawyer on your side can make a substantial difference in the outcome of your case.

What Can a DUI Lawyer Do for You?

Hiring an experienced Dui lawyer is one of the most critical steps to take if facing DUI charges in Nevada. At Lipp Law LLC, we will:

  • Review the police officer’s actions during the traffic stop to determine whether your rights were violated.
  • Challenge the accuracy of the breath test or field sobriety test.
  • Investigate whether the officer had probable cause to stop your vehicle in the first place.
  • Negotiate with the prosecution to secure the best possible outcome for your case, whether a charge reduction or a more lenient sentence.

We understand that each DUI case is unique, and we are committed to providing personalized representation for each client.

Things To Know If Someone Is Stopped At The Roadside For DUI In Nevada

10 Frequently Asked Questions (FAQs) About DUI in Nevada

  1. What should I do if I’m pulled over for a DUI in Nevada?
    • Stay calm, remain polite, and provide the required documents. Don’t answer incriminating questions, and ask to speak with an attorney.
  2. Can I refuse a breathalyzer test?
  3. What happens if I fail a field sobriety test?
    • Failing a field sobriety test may lead to further testing, such as a breath or blood test, and could result in your arrest for DUI.
  4. How long will my driver’s license be suspended for a DUI?
    • Your license may be suspended for 90 days for a first DUI offense. Repeated offenses can lead to longer suspensions.
  5. Can a DUI conviction be expunged from my record in Nevada?
  6. What if I’m arrested for DUI with a child in the car?
    • If a minor is in the vehicle during the arrest, the penalties can increase significantly, possibly resulting in felony charges.
  7. How does Nevada’s BAC limit work?
    • Nevada’s legal BAC limit is 0.08%. However, drivers under the influence with a lower BAC may still be charged if impaired.
  8. Do DUI penalties increase with repeat offenses?
    • Yes. Penalties for repeat DUI offenses are much more severe, including higher fines, longer jail sentences, and extended license suspensions.
  9. Is there a difference between a DUI and a DWI in Nevada?
    • In Nevada, DUI (Driving Under the Influence) is the primary term used for offenses involving alcohol or drug impairment while driving. DWI (Driving While Intoxicated) is not commonly used.
  10. Can I fight a DUI charge if I wasn’t over the legal limit?
    • Yes. If you weren’t over the legal limit but were still arrested, an experienced DUI attorney can help you build a defense challenging the stop, the tests, or the evidence.