A Nevada DUI charge can affect far more than your ability to drive. Depending on the circumstances, a conviction may bring fines, license consequences, mandatory treatment or education, ignition-interlock requirements, probation, and even jail or prison exposure. The consequences become more serious when the allegation involves a high blood alcohol concentration, a prior DUI, a child passenger, an accident, or an injury or death.
At Viloria, Oliphant, Oster & Aman L.L.P., our criminal defense attorneys prepare cases carefully and address both the immediate charge and the consequences that may follow. A Nevada DUI lawyer can examine the traffic stop, field sobriety testing, chemical testing, arrest procedures, and the specific charge filed against you. Call us today at 775-284-8888 to discuss your situation.
What Is a DUI Under Nevada Law?
Nevada law prohibits driving while under the influence of intoxicating liquor. It also establishes a prohibited alcohol concentration of 0.08 or more for an ordinary driver. Nevada law separately addresses controlled substances, combined alcohol and controlled substances, and other substances that impair a person's ability to drive safely.
That means a DUI allegation does not necessarily depend on a person's admission that they were drunk. The prosecution may rely on chemical testing, officer observations, driving behavior, statements, field-sobriety evidence, and other circumstances surrounding the stop.
A Reno DUI attorney will therefore look beyond the number written on a citation. The stop, the administration of testing, the handling of evidence, and the officer's observations may all become relevant.
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What Can a DUI Attorney in Reno Do for Your Case?
A DUI charge does not automatically establish that every part of the State's case is valid. Our Reno criminal defense attorneys can examine the evidence, identify legal issues, and determine what defenses may be available based on the specific circumstances. A DUI attorney may assist with:
- Examining the arrest: Assess whether the arrest was legally supported and whether proper procedures were followed.
- Reviewing police reports and video: Compare officers' written accounts with body-camera, dash-camera, and surveillance footage.
- Identifying constitutional violations: Consider whether an unlawful search, an unlawful seizure, or a violation of the right to counsel affected how the evidence was obtained.
- Assessing the charged offense: Determine whether the evidence supports the charge filed, including whether aggravating circumstances, meaning facts that raise the severity of a charge, can be established.
- Handling related DMV issues: A DUI case carries separate driver's license consequences, so counsel can advise on the administrative side as well as the criminal charge.
- Negotiating with prosecutors: Counsel may negotiate for reduced charges, dismissal, or other terms more favorable than the original accusation.
- Preparing for trial: The defense can challenge the State's evidence, cross-examine witnesses, and argue that the prosecution has not met its burden of proof.
The right approach depends on what happened before, during, and after the arrest. Our team can review the evidence and explain which issues may matter most in your case.
If you are facing a DUI charge in Reno, contact our office at 775-284-8888 to discuss the allegations and potential defenses.
Nevada's DUI Statutes and What They Prohibit
Nevada's impaired driving offenses are set out in Chapter 484C of the Nevada Revised Statutes, abbreviated NRS. Under NRS 484C.110, it is unlawful to drive or be in actual physical control of a vehicle on a highway or where the public has access while:
- Under the influence of intoxicating liquor
- Having a concentration of alcohol of 0.08 or more in the blood or breath
- Being found by measurement within two hours after driving to have a concentration of alcohol of 0.08 or more
Nevada's DUI statutes also prohibit driving while under the influence of a controlled substance or while under the combined influence of alcohol and a controlled substance. The law includes specified prohibited-substance concentrations and separately addresses circumstances in which drug use renders a person incapable of safely driving. A drug-impaired driving allegation, therefore, rests on different evidence than an alcohol case.
Nevada also has an implied consent law. Under NRS 484C.160, a person who drives in Nevada is deemed to have consented to an evidentiary test, meaning consent is treated as given by the act of driving. Refusing does not simply end the matter: the statute allows an officer to seek a warrant for a blood sample, and a refusal carries its own license consequences.
What Are the Penalties for a First DUI in Nevada?
A first DUI offense within seven years is generally charged as a misdemeanor under NRS 484C.400. Penalties can include two days to six months imprisonment or 48 to 96 hours of community service. Also, courts may impose $400 to $1,000 fines and mandatory completion of an approved alcohol and drug education course at your own expense.
A second offense within seven years carries harsher penalties, including longer potential jail time and higher fines. Even a first offense can affect your driving privileges, employment, and insurance rates well beyond the criminal penalties themselves.
A misdemeanor DUI conviction can reach into daily life, from certain jobs to insurance premiums. Understanding that scope early helps you make informed decisions about your case.
When a Nevada DUI Becomes a Felony
Several circumstances can turn a Nevada DUI into a felony charge. A third DUI offense within seven years is generally prosecuted as a felony, carrying significantly harsher consequences than a first or second offense.
A felony DUI attorney understands that felony DUI charges also apply when a DUI results in death or substantial bodily harm to another person, regardless of whether it is the driver's first offense. Under NRS 484C.430, that offense is a category B felony; the sentence may not be suspended, and probation is not available, which makes thorough preparation especially important.
Felony charges also carry a permanent criminal record, which can affect employment, housing, and professional licensing for years.
Because the stakes are so high, these cases require a defense built around a detailed understanding of both the criminal charges and the evidence supporting them. Speak with our attorneys today to discuss your charges.
What Happens When a DUI Causes an Injury or Death?
A DUI that causes serious bodily harm or death can expose a defendant to felony charges and substantially greater penalties than an ordinary DUI. Under Nevada law, the precise charge and sentencing range depend on the circumstances, including the nature of the injury, whether someone died, the defendant's prior DUI convictions, and the facts establishing impairment and causation.
These cases involve two related but separate questions: Was the defendant driving under the influence, and did that conduct legally cause the injury or death? The prosecution must prove the required elements of the charged offense. A serious collision does not, by itself, establish every element of a felony DUI offense.
A DUI resulting in death is treated as a serious felony offense under Nevada law. The prosecution may rely on toxicology evidence, accident-reconstruction findings, eyewitness testimony, vehicle data, medical evidence, and the circumstances surrounding the defendant's driving.
In these cases, causation can become a major issue. The defense must examine whether the evidence actually establishes that the alleged impairment caused the fatal collision and whether the prosecution can prove the offense beyond a reasonable doubt.
Our firm defends DUI charges that result in injury or death, including cases where the State alleges serious bodily harm or a fatal collision. We examine the DUI evidence, the collision evidence, and the prosecution's theory of causation rather than treating the accident itself as proof of criminal liability.
If your DUI case involves an injury or fatal collision, contact our office at 775-284-8888 to discuss the charges with a defense attorney.
How Our Reno DUI Defense Approach Works
Viloria, Oliphant, Oster & Aman L.L.P. takes a trial-first approach to DUI defense. Our firm intentionally limits its caseload so our attorneys can examine the evidence closely, identify weaknesses in the prosecutor's case, and develop a defense based on the facts rather than simply accepting the allegations.
That can mean challenging the legality of the traffic stop, questioning the administration or reliability of field sobriety or chemical testing, comparing police reports with body-camera footage, or examining whether the prosecution can establish impairment beyond a reasonable doubt.
Where a case is heard depends on the charge. A misdemeanor DUI in Reno proceeds in the municipal or justice court with jurisdiction over the location of the stop, while a felony DUI proceeds in the Second Judicial District Court in Washoe County, which sits at 75 Court Street in Reno.
For example, if an officer claims that a driver showed signs of impairment but body-camera footage contradicts that account, our attorneys can use that inconsistency to challenge the credibility and strength of the State's evidence.
We prepare for trial when a negotiated resolution does not adequately address the circumstances, which matters most when a charge involves felony allegations or an injury.
If you are facing a DUI charge in Reno or elsewhere in Northern Nevada, call 775-284-8888 to discuss your defense with our firm.
Possible Outcomes in a Reno DUI Case
The outcome of a DUI case depends on the evidence, the charge, the defendant's prior record, and how the case is resolved. Possible outcomes can include:
- Dismissal: The prosecution may dismiss when legal or evidentiary problems prevent the State from proceeding.
- Reduced charges: In some cases, negotiations may result in a less serious charge with lower potential penalties.
- Acquittal: If the case goes to trial and the prosecution fails to prove the charge, the defendant can be found not guilty.
- Favorable plea resolution: A negotiated agreement may resolve the case and avoid the risks of trial.
- Driver's license consequences: The Nevada DMV can impose a separate administrative revocation, meaning a license action taken by the DMV rather than the court, and that action can continue even if the criminal charge is later reduced or dismissed.
The job of your DUI criminal defense lawyer is to examine the prosecution's evidence, identify viable defenses, and pursue the strongest lawful outcome supported by the facts. If the case cannot be resolved favorably through another option, our attorneys are ready to take it to trial.
If you are facing a DUI charge in Reno, call 775-284-8888 to discuss the potential outcomes of your case with our firm.
FAQs: Nevada DUI Lawyer
Here are answers to a few of the questions Reno-area clients ask most often about DUI charges.
What should I do after a DUI arrest?
Your first priority is understanding what you were charged with and what deadlines apply. Gather the arrest paperwork and keep every court and DMV document you receive. Obtain legal advice before making decisions about the criminal case or your license.
What should I bring to a Reno DUI consultation?
Bring whatever paperwork you received from law enforcement or the court. That may include the citation, temporary license, DMV documents, court notices, and anything concerning chemical testing. Bring information about previous DUI convictions as well.
How long is a Nevada DUI license revocation?
The length depends on the offense and on whether a test was failed or refused. The Nevada DMV states a minimum 185-day revocation on a first offense, one year on a second, and three years on a third. Because the administrative action runs separately from the criminal case, confirm the period that applies to your own record before assuming a date.
Should I plead guilty to a DUI at my first court appearance?
Do not assume that pleading guilty immediately is your best option. Before entering a plea, you should understand the evidence against you, the potential criminal penalties, your driver's license consequences, and whether issues exist that could affect the prosecution's case.
Do I need a DUI criminal defense lawyer for a first offense?
You are not legally required to hire an attorney, but a first DUI still carries criminal and driver's license consequences. Having counsel review the evidence before you make decisions can help you understand what you are actually facing rather than relying solely on the charge written on the citation.
Speak With a Reno DUI Lawyer Today
An early review of your arrest gives you the most room to work with. Our DUI attorneys at Viloria, Oliphant, Oster & Aman L.L.P. can review your arrest and build a defense prepared for what follows. The sooner you speak with us, the more options may remain, especially given the short deadline tied to an administrative license hearing.
Call us at 775-284-8888 to schedule a consultation for your DUI case.
