Reno DUI Attorney 

Defending Against DUI Charges in Nevada 

Nevada prosecutors vigorously pursue DUI charges, which makes it crucial for defendants to find experienced DUI attorneys to defend their rights and driving privileges. If you have been arrested for driving under the influence of alcohol and/or drugs, you must put an experienced attorney on your side as soon as possible. In addition to criminal penalties—including jail time, fines, and more—you will also face administrative penalties with the Nevada Department of Motor Vehicles (DMV). If you do not act quickly, you may end up risking your driver’s license and your freedom. 

Viloria, Oliphant, Oster & Aman L.L.P. is known for aggressive and effective DUI defense in Reno and Northern Nevada. Whether you have refused chemical testing or have taken and failed a breathalyzer, do not wait another moment to hire an attorney. Our seasoned criminal defense attorneys are equipped to identify weaknesses in the prosecution’s case while strengthening your side of the story. Regardless of the circumstances, an attorney will be invaluable in pursuing a dismissal, minimizing penalties, or working for another positive outcome. 

Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 or contact us online to schedule a meeting with our DUI lawyer in Reno! 

Nevada DUI Laws

Nevada defines “driving under the influence of alcohol or drugs” as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Any adult over 21 who is found to be driving with a BAC of 0.08% or above can be arrested and charged with DUI. The legal limit is just 0.04% for commercial vehicle operators and 0.02% for anyone under 21.

What are the Penalties for DUI in Nevada?

When facing DUI charges in Nevada, knowing that the penalties can vary significantly based on various factors is crucial. At Viloria, Oliphant, Oster & Aman L.L.P., our team of dedicated Reno DUI attorneys are here to guide you through the legal process and help you understand the potential consequences you may face. 

First-Time DUI (Generally charged as a misdemeanor):

  • Jail time: 2 days to 6 months
  • Fines: $400 to $1,000
  • Driver's license suspension: 185 days
  • Mandatory attendance at a Victim Impact Panel course

Second or Third DUI in Seven Years:

  • Penalties escalate significantly for repeat offenses:
  • Harsher jail time and fines than first-time offenders
  • Prolonged driver's license suspension

DUI with Injury or Death (Charged as a felony):

  • In cases involving injury or death, DUI is charged as a felony, resulting in severe consequences:
  • Prison time: 2 to 20 years
  • Substantial fines: $2,000 to $5,000
  • Prolonged driver's license suspension: 3 years
  • Mandatory installation of a breath interlock device for 12 to 36 months
  • Additional penalties, including restitution to victims and participation in court-ordered programs, may apply.

At Viloria, Oliphant, Oster & Aman L.L.P., we understand the complexities of DUI cases in Reno, and our dedicated team of DUI attorneys is committed to protecting your rights and minimizing the impact of these penalties. If you are facing DUI charges, contact us today for a personalized consultation with an experienced Reno DUI attorney. We provide the legal guidance and representation you need to navigate the challenges ahead.

Driver’s License Suspension & Other Administrative Penalties

In addition to criminal penalties, those arrested for DUI in Nevada face specific administrative penalties with the Nevada DMV. If you refuse a chemical test or if a chemical test shows that your BAC was above the legal limit, your driver’s license will be automatically revoked. Your license will be suspended even if you are not convicted of DUI in criminal court.

The length for which your driver’s license will be suspended is as follows:

  • 185 days for a first-time DUI (restricted license available)
  • One year for a second offense in 7 years (no restricted license available)
  • Three years for a third offense in 7 years or felony DUI (restricted license available after one year)

You can only have your license reinstated by following all administrative procedures, which may include retaking written and driving skills tests. Your driver’s license will NOT be automatically reinstated at the end of the revocation period.

You can receive a restricted driver’s license after a DUI arrest before the conclusion of the mandatory revocation period if you voluntarily have an ignition interlock device installed on your vehicle. This is only available in certain circumstances. You must also follow all other reinstatement procedures outlined by the DMV and present a Certificate of Compliance at a DMV office.

You can also challenge a driver’s license revocation in Nevada by requesting an administrative hearing with the DMV. You only have seven (7) days after being notified of your driver’s license revocation to request an administrative hearing. Requesting the hearing effectively postpones your driver’s license revocation until the outcome of the hearing.

A driver’s license revocation hearing is very similar to a trial, although it is often more challenging to win such a hearing, as very little evidence is needed to uphold the revocation. However, an experienced attorney can challenge the evidence presented at the hearing and work to prove that it is insufficient.

Defenses Against DUI Charges 

When facing DUI charges in Reno, it's essential to employ effective defenses to protect your rights. Our experienced Reno DUI attorneys at Viloria, Oliphant, Oster & Aman L.L.P. will use these key strategies to challenge the charges:

  • Improper Stop or Arrest: We'll investigate if law enforcement had valid grounds to stop your vehicle or make the DUI arrest, looking for any Fourth Amendment violations.
  • Field Sobriety Tests (FSTs): We'll scrutinize the administration of FSTs for errors or inconsistencies that could doubt their accuracy.
  • Breathalyzer or Blood Tests: We'll assess the testing procedures, equipment accuracy, and sample handling for potential errors that may render results unreliable.
  • Rising BAC: If your BAC rose to an illegal level after driving due to alcohol absorption, we'll argue that you were not intoxicated while operating the vehicle.
  • Medical Conditions: We'll investigate if certain medical conditions or medications could have influenced sobriety tests or breathalyzer results.

Expertly employed by our dedicated attorneys, these defenses can help protect your rights and potentially lead to reduced or dismissed DUI charges. If you're facing DUI charges in Reno, contact us for a confidential consultation and effective legal representation.

Contact Our Reno DUI Lawyer Today 

Being arrested for DUI does not mean you do not have any legal options. At Viloria, Oliphant, Oster & Aman L.L.P., we can thoroughly investigate your case and help you fight for the best possible outcome under the law. Our Reno DUI defense attorneys are ready to fight for your rights and advocate for your future.

Contact Viloria, Oliphant, Oster & Aman L.L.P. today to schedule a consultation with our DUI attorney in Reno! 

Meet the Team Dedicated to You

At Viloria, Oliphant, Oster & Aman, L.L.P., our attorneys offer the support and resources of a large firm, but with the focused attention and care of small firm.

Hear From Our Past Clients

Client Success Stories

  • They got me the proper care

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  • I would highly recommend his services.

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What Sets Our Firm Apart
  • Our Strategy

    We’re true trial lawyers. We prepare every case as if it’s going to trial. This ensures we’re ready for the unexpected.

  • Our Resources

    When your case is bigger than you, you need a firm with the resources to support and guide you through it.

  • Our Availability

    When you call, we answer. It’s that simple. We understand that the key to results is constant communication.

  • Our Experience

    You need an attorney who hasn’t just learned about the law, but someone who practices it day in and day out.

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