Posted On: October 5, 2009 by Shouse Law Group

Former Boulder City Councilwoman Fails Breathalyzer Test

Former Boulder City Councilwoman Karla Burton, who agreed to enter the Moderate Offender Program after pleading guilty to driving under the influence back in February 2007, failed a Breathalyzer test during her first appearance in the program. Las Vegas DUI laws prohibit a blood alcohol level (BAC) of .08 or more, and Burton’s test showed a level of .115.

Since the terms of the plea deal prohibited Burton from drinking, Judge Oesterle sentenced her to twenty-five days in jail for contempt of court. But later in the day, Burton’s lawyers successfully persuaded the judge to give her one more chance, and she was released on house arrest.

During Burton’s house arrest, Las Vegas DUI laws require her to wear a GPS anklet and a SCRAM anklet, which monitors alcohol usage. A breath interlock device has also been attached to her car. If Burton doesn’t meet the rest of the requirements for her plea deal, she faces the twenty-five day sentence plus a six-month suspended sentence.

Las Vegas DUI laws can be very harsh. A first offense carries 48 hours up to 6 months in jail or at least 96 hours of community service. Fines range from $340 to $1,175. The driver’s license is suspended for 90 days (although it may be possible to get a restricted license after 45 days). In addition, the defendant must attend DUI school, a Victim Impact Panel, and a DUI assessment program (if the BAC exceeded .18). Finally, the Clark County Court may order a breath interlock device be attached to the defendant's car for 3 to 6 months.

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