Las Vegas Criminal Defense Blog

Many people are already aware of Nevada’s drunk driving laws (DUI) and drunk boating laws (BUI). An even more serious crime is Nevada flying under the influence laws (FUI). Anyone suspected of operating an aircraft while under the influence of alcohol or drugs faces harsh federal charges.

The FAA prohibits anyone from piloting an airplane who drank alcohol within the last eight hours, who has a BAC of .04 or above, or is otherwise under the influence of alcohol or drugs. The .04 BAC limit for Nevada flying under the influence laws is half that of the .08 DUI limit in Nevada. In addition, the plane doesn’t have to be moving for someone to be convicted of FUI—it may be enough for a conviction if they’re on the plane.

Refusing to submit to a chemical test if you’re suspected of violating Nevada flying under the influence laws is a criminal offense as well and can result in license suspension and fines. FUI penalties can include up to fifteen years in prison and hundreds of thousands of dollars in fines as well as license revocation.

Earlier in May seniors at White Pine High School participated in the 2nd Annual DUI Goggles Senior Class Intervention, a program to teach them about DUIs and how to make smart decisions about drinking and driving. The program was given by the Nevada Highway Patrol, the Ely City Fire Department and the White Pine County Sheriff's Department. The event included various speakers and group activities where they watched field sobriety tests and wore special goggles designed to simulate what it's like to have a high BAC and to impair their motor skills.

Nevada DUI Vicodin law makes it a crime to drive under the influence of Vicodin or other pain killers. Even if you're prescribed the medicine, it's still illegal to operate a vehicle if it causes you to lose control of the car or drive unsafely. If a cop suspects you of violating Nevada DUI Vicodin law, you'll be asked to submit to a blood test.

The penalties for violating Nevada DUI Vicodin law are the same as those for drunk driving. It's usually just a misdemeanor, carrying fines, DUI School, a Victim Impact panel and a suspended license. But if someone got seriously hurt or killed from the incident or if the driver already had two DUIs in the last seven years, it will be charged as a felony.

For more on this story, go to: http://www.elynews.com/articles/2010/05/26/news/news16.txt

This Memorial Day weekend, Nevada drivers will see several more DUI checkpoints throughout the state. Several forces are joining in the effort, including the Nevada Highway Patrol, the Eastern Nevada Narcotics Task Force, Goshen's Community Development Coalition, and the police departments in Las Vegas, Lincoln County, White Pine County, and Mesquite. The patrols will be in high traffic locales in Clark, Lincoln and White Pine Counties.

Nevada felony DUI law makes it a category B felony to drive under the influence of alcohol if 1) you already have two DUI convictions in the last seven years, or 2) if the drunk driving caused the death or serious bodily injury of another person. If a fatal DUI accident is caused by someone who already has three previous DUI convictions, the driver will be charged with the category A felony of vehicular homicide. Otherwise, DUI in Nevada is usually charged as a misdemeanor.

The penalties for breaking Nevada felony DUI law can be very harsh. For a third DUI in seven years, the prison time ranges from one to six years. For a DUI causing death or injury, the prison range is two to twenty years. And the fines for violating Nevada felony DUI law range from $2,000 to $5,000.

For more on this story, go to: http://www.elynews.com/articles/2010/05/26/news/news20.txt

A woman charged with DUI causing death in Las Vegas this past April will plead guilty according to her attorneys. She allegedly slammed her car into the back of the victim's vehicle and later admitted that she had been drinking. Police also found non-prescribed prescription pills in her purse.

Nevada DUI Ambien law makes it a crime to drive under the influence of Ambien, Lunesta or any other sleep aids. Even if you were prescribed Ambien, you could still be charged with violating Nevada DUI Ambien law for operating a vehicle while under the effects of it. Many people who take Ambien put themselves at risk for "sleep driving" and are encouraged to hide their keys before going to bed.

The penalties for violating Nevada DUI Ambien law are identical to those for driving under the influence of alcohol. A first offense is usually charged as a misdemeanor, carrying fines, DUI School, Victim Impact's panel, 90 days of driver's license suspension and up to six months of jail (usually suspended). But it will be charged as a felony if the suspect already had two DUI convictions in the last seven years or if the incident caused another person to die or sustain serious bodily harm.

For more on this story, go to: http://www.fox5vegas.com/news/23664843/detail.html

Earlier this month a policeman from Hawaii was convicted of DUI and marijuana possession in Las Vegas. He and another Hawaii police officer were visiting Las Vegas last August for a softball tournament when they were arrested. The other officer already pleaded guilty to obstructing a police officer and in return had his marijuana charge dropped.

Nevada DUI Marijuana law makes it a crime to drive under the influence of marijuana. Even if you're driving safely, it's per se illegal to drive with 2 or more nanograms per milliliter of marijuana in your blood or 10 or more nanograms per milliliter of marijuana in your urine. It's also illegal per se to drive with 5 or more nanograms per milliliter of marijuana metabolite in your blood or 15 or more nanograms per milliliter of marijuana metabolite in your urine.

Standard penalties for violating Nevada DUI marijuana law are the same as those for drunk driving. A first time offense carries fines, up to six months in jail, DUI School, a Victims' Impact Panel, and a suspended driver's license. People charged with violating Nevada DUI Marijuana Law are also frequently charged for marijuana possession.

For more on this story, go to: http://www.starbulletin.com/news/20100513_Inquiry_continuing_into_2_HPD_officers_convicted_in_Vegas.html

The Obama Administration is urging states without "illegal per se" DUI Drugs laws to emulate the eleven states that do, which includes Nevada. At this time, many states prosecute people for driving under the influence of drugs (DUID) only if their driving actually becomes impaired from having ingested the drugs. But if states change their laws to follow the President's directive, then someone who is found to have a minimum amount of certain illegal drugs in their system may be found guilty of DUID even if they're driving safely.

Nevada DUI Drugs law makes it a crime to either 1) drive under the influence of drugs, or 2) to drive with more than the minimum amount allowed of certain illegal drugs in their system. For example, someone may be convicted of breaking Nevada DUI Drugs law if they're found to have 50 or more nanograms per milliliter of cocaine in their blood. Or, he/she may be found guilty if their urine shows 150 or more nanograms per milliliter of cocaine.

The penalties for violating Nevada DUI Drugs Law are identical to those for drunk driving. A first offense is usually charged as a misdemeanor unless the person has two previous DUIs in seven years or if the incident resulted in a fatality or serious bodily injury. The standard sentence for a first-time conviction includes fines, DUI School, a Victim Impact panel, 90 days driver's license suspension, and a suspended jail sentence.

Last week a two-star general in the U.S. Air Force pleaded no contest to DUI in Henderson Municipal Court. As part of his plea he was given a two-month suspended sentence and ordered to pay $577, take a chemical dependence assessment, attend a victim impact panel, and complete a Nevada DUI School course. If he completes everything correctly, his DUI charge will be lowered to reckless driving.

In February the general was pulled over after a Henderson cop saw him speeding. His BAC results were .181 and .174, which are more than twice the legal limit. His plea did not have any effect on his Air Force standing.

Nevada DUI School is a standard penalty for all first-time DUI convictions. Nevada DUI School is an alcohol and drug education program and usually lasts eight hours. It can be completed in a classroom, online or by correspondence and requires that the student pass a final exam.

For more on this story, go to http://www.airforcetimes.com/news/2010/05/airforce_dui_051410/

The Nevada Supreme Court's recent case State v. Taylor-Caldwell now makes Nevada DMV Hearings even more difficult to win than they were before. When a cop suspects someone of drunk driving in Nevada, the driver must submit to two breath tests. Prior to the ruling, the defendant's driver's license may be suspended only if both tests registered a BAC of .08 or above. But State v. Taylor-Caldwell now allows the DMV to revoke a driver's license if only one of the tests registers above the legal limit.

Nevada DMV Hearings are like mini-trials held in the Nevada Department of Motor Vehicles and presided over by an administrative law judge. Anyone who gets their Nevada driver's license suspended, revoked or denied is entitled to a hearing to contest the DMV's action. When a cop confiscates a driver's license following a failed DUI breath test, the defendant has one week to request a hearing.

DUI criminal cases are often a lot easier for a defendant to win than the corresponding Nevada DMV Hearings. In criminal cases, you can't be convicted of DUI unless the prosecutor can show "beyond a reasonable doubt" that you drove under the influence of alcohol or drugs (or with a prohibited amount in your system). But in DMV Hearings, the state needs to meet only a "preponderance of the evidence" standard to suspend your driver's license.

For more on this story, click here: http://www.leagle.com/unsecure/page.htm?shortname=innvco20100506243

Nevada's highest court recently determined that a driver suspected of driving under the influence of alcohol needs to fail only one of two successive breath tests for him/her to lose his/her license pursuant to a DUI charge. This overrules an earlier decision by a Clark County judge. This new rule only applies to whether the suspect's license can be suspended, not to whether criminal DUI charges may be levied against him/her.

Nevada commercial DUI law makes it a crime for most truck, bus or shuttle drivers to drive under the influence of alcohol or drugs. Even if they're driving safely, they can still be charged with violating Nevada commercial DUI law if they have a BAC of 0.04 or more. This is half of the legal limit for non-commercial drivers.

The typical sentence for breaking Nevada commercial DUI law is mostly identical to that of regular DUI. The major difference has to do with license suspension. A commercial driver who gets a first DUI conviction will lose their commercial driver's license (CDL) for one year, and that suspension is upped to three years if they were transporting hazardous materials at the time. And a second conviction for DUI results in lifelong revocation of the driver's CDL.

Earlier this month, the Nye County District Attorney was arrested in Pahrump and booked on over 40 counts of embezzlement. Since he clearly can't prosecute himself, the County Sheriff is researching how to proceed with the case. Back in 2008, this D.A. was also charged with DUI after crashing two cars in a six-hour time period, but he accepted a deal where he pleaded guilty to misdemeanor reckless driving in Nevada, which carries only eight demerit points and not license suspension like DUI does.

As an incentive to drive safely, the Nevada DMV has instituted the Nevada Demerit Point system, which adds demerit points to your license for every traffic violation in Nevada. For example, every ten miles per an hour you exceed the speed limit, one demerit point will be added to your license. And hit & runs mandate six demerit points. If you accumulate twelve or more demerit points within a twelve-month period, your license will be suspended for six months.

The Nevada Demerit Point System does not impose demerit points for most non-moving and parking violations. Any points you accumulate will be automatically deducted one year after they were added. The Nevada Demerit Point system allows you to remove three points by taking a DMV-approved Drivers Safety Course (as long as it's not part of a plea deal with the court).

To read more about the Nye County D.A., click here: http://www.lvrj.com/news/nye-county-case-complicated-93914309.html

In 2008, NFL player Cedric Benson was charged with boating under the influence in Illinois. He claimed there was police misconduct and refused to plead guilty. Benson was not convicted.

Nevada boating under the influence laws make it a crime to operate a boat while under the influence of alcohol or drugs. Whether or not a boat pilot exhibits intoxicated behavior, they may still be arrested for violating Nevada boating under the influence laws for having a BAC of .08 or above. Common BUI defenses include the arresting officer mistaking the identity of the boat pilot and faulty field sobriety tests.

The penalties for breaking Nevada boating under the influence laws depend on whether anyone got hurt or killed. If no one was harmed, it's just a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. But if someone did sustain substantial injury or was killed as the result of drunk boating in Las Vegas, the penalty includes two to twenty years in prison and a fine of $2,000 to $5,000.

For more on this story, go here: http://bleacherreport.com/articles/388891-from-lawrence-taylor-to-rae-carruth-10-nfl-stars-who-learn-the-hard-way#page/7

Last month in Las Vegas, a teenager pleaded guilty to two counts of breaking DUI causing injury or death laws in Nevada. She was allegedly driving intoxicated in Henderson back in February when she ploughed into another car, killing the two people inside. Police say her BAC was .26.

DUI causing injury or death laws in Nevada are meant to punish drunk drivers whose intoxication cause a serious car accident resulting in substantial bodily harm or a fatality. Someone can still be arrested for this offense if their BAC is below 0.08 as long as they’re suspected of driving under the influence of drugs or alcohol at the time of the crash. In order for someone to be convicted of it, the prosecutor has to prove that the drunk driving was the proximate cause of the harm or death.

The penalties for violating DUI causing injury or death laws in Nevada can be very harsh. The prison time ranges from two to twenty years, and the fine is $2,000 to $5,000. The driver also faces license suspension.

For more on this story, go to: http://www.lvrj.com/news/woman-pleads-guilty-to-dui-resulting-in-death-90013617.html

Last year in Reno, a teenage boy was arrested on suspicion of breaking the Nevada crime of vehicular manslaughter when his pickup allegedly collided with another pickup during a chase, killing two people in the bed of his truck. All five people in the pickup were ejected when it hit a median not far from the Reno-Tahoe Airport. The driver was also booked for alleged reckless driving, driving without a valid license, and running a red light.

The Nevada crime of vehicular manslaughter is the least serious offense that someone may be convicted of for allegedly causing a fatal car crash. It penalizes driving with “simple negligence,” such as running a red light or driving without headlights. It’s a completely different law from “vehicular homicide,” which is meant to punish drivers who’ve previously been convicted three times of DUI and then cause a fatal DUI accident.

The Nevada crime of vehicular manslaughter is only a misdemeanor. Penalties include up to six months in jail and/or up to $1,000 in fines. Their driver’s license will probably also be suspended for one year.

For more on this story: http://www.lvrj.com/news/37788024.html

In 2005, the federal government passed the Real ID Act, mandating that drivers licenses include the following information: the person's name, signature, date of birth, gender, driver's license number, photograph, address, and a physical security number meant to prevent tampering or copying of it. The Real ID Act was adopted in Nevada despite the ACLU's concern that it violated privacy rights. But last month the Nevada DMV informed the state legislature that it will now permit residents to keep traditional licenses if they want to.

The Nevada crime of driving without a license makes it illegal to drive without a valid license from your home state. If someone moves to Nevada, they are required to get a Nevada license within thirty days. Illegal aliens are not allowed to get drivers licenses in Nevada.

The Nevada crime of driving without a license is considered a misdemeanor. Penalties include up to six months in jail and/or up to $1,000 in fines. Often, the judge will agree to dismiss or close cases for the Nevada crime of driving without a license in exchange for proof of a valid license and a fine.

For more on this story, go here: http://www.nevadanewsbureau.com/2010/04/20/nevada-dmv-to-offer-traditional-drivers’-license-to-residents-as-option-to-real-id/

Last month, Reno police arrested both a driver and a passenger in a car for DUI. Police allege that both men took turns operating the car while drunk. According to reports, they both had BACs three times the legal limit.

When negotiating a misdemeanor DUI case, a criminal defense attorney may be able to persuade the prosecutor to reduce the charge to violations of Nevada reckless driving laws instead. It's also a misdemeanor, but it carries less of a social stigma and is not priorable. Violations of Nevada reckless driving laws can also be sealed from criminal records after only two years, whereas DUIs mandate a seven year waiting period.

Nevada reckless driving laws make it a crime to drive in wanton or willful disregard of others. Examples of reckless driving include driving several miles per hour over the speed limit, running red lights, and hitting medians. Reckless driving is just a misdemeanor if no substantial harm or death results. Otherwise, it's charged as a felony carrying up to six years in prison.

For more on this story, go to: http://www.avvo.com/news/two-men-in-same-vehicle-arrested-for-dui--788.html.

Last week the Nevada Pardons Board denied parole to an inmate who pleaded guilty to DUI causing death back in 2001. He allegedly killed a bicyclist while driving intoxicated, and he was sentenced to five to fifteen years for the DUI and for another four to ten years for violating Nevada hit and run law. The inmate is in need of a kidney transplant or dialysis.

Nevada hit and run law makes it a crime to leave the scene of an accident without stopping to render aid and exchange the following information: names, addresses, vehicle registration numbers, and driver's license numbers (upon request). Neglecting this duty after an accident that resulted only in property damage is a misdemeanor, with penalties of up to six months in jail and/or up to $1,000 in fines as well as six license demerit points. But if the accident involves injury or death, Nevada hit and run law makes fleeing the scene a category B felony, carrying two to fifteen years in prison, a $2,000 - $5,000 fine, and possible license suspension or revocation.

Hitting an unattended vehicle or other property imposes a duty on the driver to try to find the owner. If they can't, they then have to leave a conspicuous note with their name and address. Drivers involved in a car accident involving injury or property damage of $750 or more are obligated to file an accident report as well (unless a policeman at the scene filed one). Failing to file a report results in a year's license suspension, and filing a false report is a gross misdemeanor, carrying up to a year in jail and/or up to $2,000 in fines.

For more on this story, go to: http://www.lvrj.com/news/drunken-driver-denied-parole-in-2001-death-92394769.html.

Up through May 9th, the Reno Police Department is conducting a DUI enforcement campaign. They've increased the number of DUI checkpoints in order to catch more drunk drivers. They hope that this will deter more people from driving under the influence in the future.

Nevada public intoxication laws do not make it a crime to be drunk in public. However, public intoxication often leads to other crimes or can serve as an element to other crimes. Three common crimes that result from Nevada public intoxication laws include trespass, disturbing the peace, and DUI.

People who are drunk in public are often cited for disturbing the peace in Nevada, which is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Intoxicated people who refuse to leave private venues (such as casinos and bars) after having been asked to by management can be cited for trespass, which is also a misdemeanor and carries the same penalties as disturbing the peace. One of the most serious crimes stemming from Nevada public intoxication laws is DUI: Being arrested for driving under the influence of alcohol carries hefty fines, DUI School, a victim impact panel, a suspended license and a jail sentence of up to six months.

For more on this story, go to http://www.ktvn.com/Global/story.asp?S=12396994.

Last week a 43-year-old woman was arrested after allegedly kidnapping a 9-year-old boy who was riding his scooter on a Reno Street. After neighbors reported the boy's screaming from the woman's apartment, she was booked at the Washoe County Jail and will likely be charged with kidnapping, burglary, and violating Nevada child abuse laws. The boy is reportedly fine.

Nevada child abuse laws make it a crime to willfully cause or permit a child to undergo physical, emotional, or sexual abuse or to abandon or neglect them. Allegations of child abuse are usually investigated by Child Protective Services, who notify law enforcement if they believe abuse has occurred. A person cannot be convicted of child abuse if they did not intend to cause or let the abuse happen.

The penalties for violating Nevada child abuse laws turn on a variety of factors, including whether the abuse was willful, whether substantial harm occurred, the child's age, whether the accused is a repeat offender, and whether the harm was sexual. Depending on the facts of the case, child abuse can be punished as anything from a gross misdemeanor with up to a year in jail to a serious felony carrying life in prison. Convictions for child abuse can never be sealed from criminal records.

For more on this story, go to: http://www.rgj.com/article/20100428/NEWS01/100428031/1321/news.