Las Vegas Criminal Defense Blog

Last week a Carson City middle school principal pleaded guilty in Reno Justice Court to violating Nevada DUI law by driving with a BAC of .136. He was arrested back in May after being pulled over for speeding. The officer discovered both alcohol and pot inside the car.

Nevada DUI Law makes it a crime to operate a car with a BAC of .08 or above. Even if you're driving safely, it's "per se" illegal to be behind the wheel whenever your BAC is .08 or more. Conversely, even if your BAC is less than .08, it's still unlawful to drive if you're at all under the influence of alcohol or drugs.

The penalties the principal will face for violating Nevada DUI Law include a misdemeanor conviction, 42 hours of community service, $700 in fines, attendance at a victim impact panel and a suspended driver's license for 90 days. The school district is carrying out a separate investigation into the matter. The principal said he would like to keep his job despite the conviction.

For more on this story, go to: http://www.nevadaappeal.com/article/20100719/NEWS/100719545/1070&ParentProfile=1058

Las Vegas Metro has announced that they arrested a total of 58 people for driving under the influence over Memorial Day weekend. Many of these arrests occurred at the five DUI checkpoints they set up throughout the city that weekend, which stopped a total of 15,000 vehicles. Police believe the checkpoints were key in preventing a fatal DUI-related accident.

Nevada DUI law makes it a crime to drive under the influence of alcohol or drugs. Even if you're driving in a safe manner, it's per se illegal to operate a car while your BAC is .08 or above. If you're stopped on suspicion of drunk driving, Nevada DUI obligates you to submit to a chemical test to measure your BAC.

Typical penalties for breaking Nevada DUI law if no one was hurt or killed include fines, DUI School, a victim impact's panel, 90 days suspension on your driver's license, and a suspended jail sentence. But if it's your third DUI in seven years, you face up to six years in prison. And if someone got seriously hurt or died, the maximum prison term is twenty years.

For more on this story, read: http://www.lasvegassun.com/news/2010/jun/01/dui-enforcement-nets-58-arrests-over-holiday-weeke/

Reno law enforcement is reporting that twenty-one people have been arrested for driving under the influence over Memorial Day weekend. The arrests were partly the result of stepped up DUI checkpoints made possible by funding from the Northern Nevada DUI Task Force. In total, cops made eighty-seven traffic stops.

Nevada DUI breath test law requires that a driver arrested for drunk driving submit to either a breath test or a blood test to measure their blood alcohol content (BAC). Nevada DUI breath test law outlines strict rules the cop must follow in order for the test results to be valid. Among them are:

-- the test must be performed within two hours of the arrest

-- the test must follow a fifteen minute observation period

-- two consecutive tests should be taken following the observation period

-- the breathalyzer must be properly calibrated

Nevada DUI breath test law requires that the two breath tests register a BAC of 0.08 or above for a DUI conviction to stand. However, only one of the tests needs to be 0.08 or above for the driver's license to be suspended.

For more on this story go to: http://www.kolotv.com/home/headlines/95372139.html

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.

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.

Over the last couple of years, a growing number of UNR college students have been attending classes at Premier Counseling Group for help with DUI and substance abuse problems. Currently, up to one half of the people who use Premier Counseling are students, and Premier has even started advertising their programs to UNR students directly. Often these students have been convicted for violating Nevada DUI laws and go to the center to fulfill the court's counseling requirements.

Nevada DUI laws mandate even stiffer requirements and penalties for underage drivers than for adults. Whereas driving with a BAC of .08 or higher is per se illegal for an adult, the limit is lowered to only .02 for drivers under 21 years old. Minors arrested for DUI also have to submit to an evaluation to determine whether they are a substance abuser (which usually costs $100), and their licenses will be suspended for 90 days. Some schools and colleges may even choose to suspend, expel or disqualify students with DUIs on their record.

Otherwise, underage drivers convicted of breaking Nevada DUI laws are punished like adults. The standard sentence includes community service, a victim impact panel, DUI school and fines. Jail is usually suspended for a first offense.

For more on this story, go to http://nevadasagebrush.com/blog/2010/04/19/dui-spike-crowds-help-center/.

Earlier this month a twenty-eight year old woman was arrested for violating the Nevada crime of felony DUI causing death after she allegedly rear-ended another driver at the intersection of Cheyenne and Soaring Gulls Drive, causing his death. The D.A. said she has a previous DUI conviction as well as a conviction for battery on a police officer. Her bail is set at $100,000.

The Nevada crime of felony DUI causing death is charged when a person allegedly proximately causes the death of another person by driving a car while under the influence of alcohol or drugs. The Nevada crime of felony DUI causing death is a category B felony, carrying two to twenty years in prison and a fine of $2,000 to $5,000. Other penalties include license suspension and home confinement.

The crime of vehicular homicide is only charged in a DUI-related accident causing death when the suspect has three or more prior DUIs. Vehicular homicide is a category A felony, carrying twenty five years to life in prison with the possibility of parole after 10 years. The per se illegal BAC limit is .08.

Read more about this story at http://www.lasvegassun.com/news/2010/apr/13/bail-set-100000-woman-accused-fatal-dui-crash/.

On Wednesday, Las Vegas Metro gave a presentation called "Every 15 Minutes" at a town hall meeting, where it showed video re-enactments of DUI-related car accidents. The program is meant to warn teenagers about the hazards of drinking and driving, especially with prom and summer vacation coming soon. Law enforcement hopes that educating young people now about Nevada drunk driving laws will help prevent deaths later.

The presentation also included a victim impact-type panel with family members of people who lost their lives in DUI accidents trying to impress upon the audience how drunk driving changed their lives forever. One woman who lost her son said, "I live the pain each and every day. I know he had a lot of dreams. He was the light of my life. I don't have that light anymore . . . For me, the greatest thing would be to turn on that TV and not hear about somebody being murdered by an impaired driver." And Metro Police Sheriff Doug Gillespie stressed that DUIs are a completely preventable crime: "We need to do a better job of communicating that message out there so they don't occur."

Nevada drunk driving laws makes it a crime to operate a car while impaired by drugs or alcohol. If your BAC is .08 or above, it's automatically assumed you're breaking the law. The penalties for violating Nevada drunk driving laws are fines, community service, DUI School and a victim impact panel. But if someone gets injured or dies in a DUI-related accident, the sentence can include several years of prison.

Read more about this story: http://www.lasvegasnow.com/Global/story.asp?S=12274885

The Reno Gazette-Journal is reporting that sentences for breaking Nevada felony DUI law have tended to be lighter in Reno than in Las Vegas. Whereas many offenders in Washoe County receive the two-year minimum prison sentence, the majority of offenders in Clark County were slapped with sentences of three to eight years before parole became possible. The paper also says that many of the Reno sentences were the result of plea bargains and were lower than the recommendations by the Nevada Division of Parole and Probation.

The director of Stop DUI, a Las Vegas-based organization, believes the two year minimum sentences for violating Nevada felony DUI law isn't strict enough. She says, “It speaks volumes about how this crime is perceived. When you cause a death or injury, it must be viewed as a violent crime. But when you hand out these minimum sentences, it sends the message that this is not a serious crime." Richard Gammick, the Washoe County District Attorney, said he intends to have a discussion about plea bargains at the next meeting of criminal prosecutors “to make sure we're not coming in too low.”

If a drunk driving accident results in death or an injury, the prosecutor may bring charges for violating Nevada felony DUI law. The prison sentence range is from two to twenty years. Washoe District Judge Brent Adams promises that he doesn’t consider other counties’ practices when imposing a sentence. “The most important factors to me are the statement of the victim at sentencing, whether the defendant is a chronic alcoholic and the risk to the community.”

For more on this story, go to http://www.rgj.com/article/20100330/NEWS/3280370/1321/news.

Yesterday a twenty-two year old was arrested for allegedly crashing his PT Cruiser into a Mercedes on Charleston Blvd. while under the influence of alcohol. He was arrested for felony DUI with death and booked at the Clark County Detention Center without bail. According to the Metropolitan Police Department, this was the 17th fatal accident in 2010.

A person may be arrested for Nevada felony DUI causing death if the police believe he/she drove a car while drunk or high which then resulted in a fatal car crash. Even if the person’s BAC measures at less than .08 (the legal limit), a judge or jury may still find him/her guilty of driving under the influence if the prosecutor can show the driving was impaired by drugs or alcohol. Nevada felony DUI causing death is charged as a category B felony, whereas DUI accidents that result in no harm are charged as a misdemeanor.

If a person is charged with Nevada felony DUI causing death, he/she faces potentially steep penalties. The judge may order two to twenty years in prison and perhaps an additional fine of $2,000 to $5,000. In DUI cases, the Department of Corrections makes an effort to separate people convicted of DUI from violent offenders.

Read more about this story at http://www.lvrj.com/news/man-dies-in-2-car-collision--driver-arrested--faces-drunken-driving-charge-89882657.html.

Last week a nineteen year old Henderson teen entered a plea of not guilty in a DUI case that resulted in two fatalities. Police report that her BAC was three times the legal limit when she crashed her car into another car back in February. She’s charged with two counts of Nevada felony DUI causing death. Her trial is scheduled for May.

You may be arrested for Nevada felony DUI causing death if police believe you operated a vehicle while drunk or high and had a fatal car accident because of it. You can still be convicted if your BAC was less than the legal limit of .08 as long as prosecutors can show that you were driving under the influence of alcohol or a drug. Nevada felony DUI causing death is a category B felony (DUI incidents that don’t result in injuries or death are charged as just a misdemeanor).

If someone’s convicted for Nevada felony DUI causing death, they may be sentenced to harsh penalties. The prison range is two to twenty years with maybe a fine of $2,000 to $5,000. In these case, the Department of Corrections does try to segregate anyone convicted for these DUIs from violent offenders and to house them in a minimum security facility.

Read more about this story at http://www.lasvegasnow.com/Global/story.asp?S=12212592.

Last week, Nevada Attorney General Catherine Cortez Masto announced that she wants to revive the Advisory Coalition on Impaired Driving to address recent reports by the Reno Gazette-Journal of problems in enforcing sentences in DUI cases. Special deputy attorney general Bret Kandt said the coalition was “a forum for bringing issues to the attention of the agencies responsible for enforcing the DUI laws, to allow us to resolve them and work towards system improvement.” Founded in 2006, the coalition also includes Stop DUI, MADD, the Nevada office of traffic safety.

Nevada DUI law criminalizes driving while intoxicated on drugs or alcohol. It’s automatically illegal to drive with a blood alcohol content of .08 or more, but a lesser number can still result in a conviction if the state shows that the driving suffered from the influence of drugs or alcohol. Police who suspect drivers of violating Nevada DUI law pull them over, ask them questions and then request they perform various field sobriety tests including standing on one foot and walking in a straight line.

Violating Nevada DUI law for the first time is just a misdemeanor as long as no injury or death occurs. Penalties include fines, a suspended jail sentence (usually), DUI school and a victim impact panel. A third DUI in seven years is charged as a felony, even if no one gets hurt. DUIs with injury or death may be charged as a felony.

To read more about this story, go to http://www.rgj.com/article/20100320/NEWS/3200334/1321/NEWS.

Last month, a man accused of colliding with a car while allegedly driving drunk and then fleeing the scene was subsequently struck by a truck. The incident happened in the early afternoon at the intersection of West Flamingo Road and South Wynn Road. He was in critical condition, and Metro is currently investigating the collision.

Las Vegas DUI law criminalizes the act of driving while under the influence of drugs or alcohol. Even if you’re driving well and seemingly unimpaired, it’s automatically illegal to drive with a BAC of .08 or above. If a police officer suspects you of DUI and pulls you over, you will have to submit to field sobriety tests and a breath or blood test.

Penalties for violating Las Vegas DUI law are less severe if no injury or death occurs. A misdemeanor, it carries DUI School, a victim impact panel, fines, and usually a suspended sentence of up to six months. But if substantial injury or death occurred, breaking Las Vegas DUI law becomes a felony, carrying years in prison and probation. A third DUI in seven years is charged as a felony as well.

Read more about the story at http://www.fox5vegas.com/news/22607445/detail.html

Two weeks ago, the chief constable of Boulder City was arrested for breaking Nevada DUI law and other traffic matters after allegedly careening his duty-vehicle into a light pole near Utah and Seventh streets. The Boulder City Police Department claims that the constable then left the scene of the crash on foot. He was later arrested in a nearby residence after reportedly failing field sobriety tests.

Nevada DUI law makes it a crime to operate a vehicle while under the influence of drugs or alcohol. It’s automatically illegal to drive with a BAC of .08 or more whether or not you’re operating the vehicle safely. If a cop suspects you of driving under the influence, he/she will pull you over, ask you a series of questions and ask you to perform field sobriety tests such as standing on one foot and walking in a straight line.

Violating Nevada DUI law is a misdemeanor as long as no one gets hurt, and penalties usually include a six-month suspended jail sentence, a victim impact panel, DUI school and fines. However, a third DUI in seven years is charged as a felony. Drunk driving accidents resulting in injury or death may be charged as a felony as well.

Read more about this story at http://www.lasvegassun.com/news/2010/feb/23/boulder-city-official-accused-leaving-scene-after-/

Serious traffic accidents have been steadily declining in Washoe County. “According to the local police department,” explains Reno criminal defense attorney Michael Becker, “Reno traffic fatalities dropped 40% between last year and 2007.” In addition, injury accidents and DUI crashes have significantly decreased in the last two years as well.

Reno criminal defense attorney Michael Becker says that local law enforcement credits this reduction in traffic accidents to the “Three E Concept of Safety:” This includes the Engineering of good roads, the Education police provide to the public via traffic stops and presentations, and traffic law Enforcement. Organizations such as MADD and the Nevada Highway Patrol are contributing to this trend as well.

In addition to traffic-related tragedies becoming less frequent, homicides are also declining. 2009 saw twelve wrongful deaths as compared to twenty-three in 2006. According to Reno criminal defense attorney Michael Becker, the success of Reno police in curbing and solving crimes has a lot to do with community cooperation via the Secret Witness Program, the Neighborhood Advisory Boards, and other programs.

Read more about this story at http://www.rgj.com/article/20100216/OPED04/2160317/1003/CARSON/Michael-Poehlman-Police-citizen-partnership-is-cutting-crime-in-Reno

A week and a half ago, eight people convicted of “DUI causing death” in Nevada were sent back to prison when Nevada Attorney General Catherine Cortez Masto ruled that the Department of Corrections wrongly released them early. Nevada DUI law mandates a minimum two-year prison sentence for “DUI causing death” in Nevada, but these eight people served only part of that time. The Attorney General’s ruling came on the heels of a report that many convicted "DUI with death" offenders have been allowed to serve house arrest too early in their sentence.

Family of the DUI victims are hailing the Nevada DUI law ruling as justice served, while attorneys for the eight rebooked inmates are researching their options to contest the measure. In justifying her decision, Nevada Attorney General Masto said, “Since the article came out, I have reviewed the law, and the advice given by our office was wrong . . . We contacted the [corrections department], and they'll take immediate corrective actions. We want to do what's right for the victims.”

Nevada DUI law makes it a category B felony to cause death in a drunk-driving accident. The penalties include two-to-twenty years imprisonment with an optional $2,000 to $5,000 fine. People convicted of DUI causing death will probably be incarcerated in a minimum security prison and segregated from violent offenders.

Read more about this story at http://www.lahontanvalleynews.com/article/20100218/NEWS/100219899/1055&ParentProfile=1045

Last week a nineteen year old was arrested on two counts of Nevada felony DUI causing death in Henderson. She allegedly crashed into a Hyundai SUV at Horizon Ridge Parkway and Shaded Canyon Drive, killing the two people in the car. Police say her BAC at the time was .26, which is three times the legal limit.

People may be charged for Nevada felony DUI causing death if they operated a vehicle while intoxicated and had a fatal car accident. The driver can still be convicted if his/her BAC was less than .08 as long as the state can prove the driver was driving under the influence of alcohol or a drug.

Convictions for Nevada felony DUI causing death are very harsh. It’s a category B felony, carrying two to twenty years imprisonment. They may also be fined $2,000 to $5,000. However, the Department of Corrections will try to segregate people convicted for these DUIs from violent offenders and house them in a minimum security facility.

Last week the first ever Lake Tahoe DUI Victim Impact Panel took place. This program was created so that Incline Village may comply with new Nevada regulations, which require all defendants convicted of breaking Nevada DUI law to attend a live victim impact panel as part of their sentence. Various victims congregated to share their stories of how people breaking Nevada DUI Law affected their lives forever--the purpose of these victim impact panels is to help persuade defendants in current DUI cases to never drive under the influence again.

About twenty first-time DUI offenders watched as Deborah Hacket recounted how her dad was killed by a drunk driver when she was just four, and that her younger siblings have no memory of him. Then Mary Kay Randall spoke about her son, who was convicted of killing a Kings Beach resident and is now incarcerated, and how it shattered her family and drove her into depression. Justice Alan Tiras said to the panel, “We really want to show you what happens to people that drink and drive, and the ramifications for families, friends and entire communities."

The penalties for breaking Nevada DUI law include attending a victim impact panel as well as fines, DUI School and up to six months in jail (that is usually suspended). DUIs are misdemeanors if no one gets hurt, but a third one in seven years is charged as a felony. Similarly, DUI accidents where someone dies are chargeable as felonies as well.

Two weeks ago, a twenty-five year old in Churchill County pled guilty to his third DUI in seven years. Normally a third-time DUI is an automatic felony mandating at least a year in prison, but he may be able to avoid prison and a felony conviction altogether if he’s accepted to and successfully completes the Nevada DUI Diversion Program.

The Nevada DUI Diversion Program, which lasts for three to five years, is designed to rehabilitate and educate repeat offenders instead of punishing them. Participants commit themselves to six months of house arrest, counseling, strict supervision, unannounced searches and seizures and breath tests with a Sobrietor, and appearances before a district court judge every two weeks so he/she can monitor their progress. Furthermore, the program costs upwards of $14,000 to cover all the costs and fees, including a substance abuse evaluation and a breath interlock device.

Nevada DUI Diversion Program participants who violate the terms, such as having alcohol, must spend a month in jail for the first offense. But if participants break the rules for a second time, they’re automatically thrown out of the program and sent to prison. And a subsequent DUI offense is two to fifteen years in prison. But if they’re successful in the program, the offense is reduced to a gross misdemeanor.

This New Year's Eve, the Nevada Highway Patrol arrested eighty-two people for breaking Nevada DUI law in Las Vegas, seventy more than state troopers arrested last year. Part of that is contributed to increased numbers of troopers on duty: All the state troopers from the Southern Command in addition to more than three thousand Las Vegas police patrolled the streets this year. As for Reno, only twenty-seven drivers were arrested for breaking Nevada DUI Law, which is less than last year.

Otherwise, this year's celebrations were relatively uneventful, with no reported fatal accidents or homicides anywhere in the state. However, Washoe County reports five arrests for domestic battery and thirty-two people taken into protective custody for inebriation.

Nevada DUI law makes it a crime to drive drunk or high. If no one gets hurt, the driver will probably be charged with a misdemeanor, carrying a six month suspended sentence, fines, DUI School and a victim impact panel. If the DUI resulted in an injury, however, the prosecutor will pursue it as a felony, which carries mandatory prison time.

A DUI checkpoint in Sparks last week resulted in three arrests for breaking Nevada DUI law. Officers from the Nevada Highway Patrol, Reno, Carson City and the counties of Reno, Storey, Lyon and Washoe together screened over two thousand vehicles. They conducted twenty-six field sobriety tests and issued more than fifty citations for various violations, including seat belt and car seat issues, lack of insurance and registration and licenses.

Nevada DUI Law makes it a misdemeanor to drive drunk or high. But a third DUI arrest in seven years is a felony (though defendants may be able to avoid conviction by completing a Nevada DUI Diversion Program). If the incident resulted in injury or death, it’s charged as a felony as well.

If a police officer pulls you over on suspicion of breaking Nevada DUI Law, he will ask you to produce your license, insurance and registration and will ask you some other questions, including if you had anything to drink. If the cop still suspects you of DUI, you’ll be asked to perform various field sobriety tests (such as balancing on one foot), and you may elect to take a breath test or a blood test.

This past weekend Las Vegas Police partnered with the Nevada Highway Patrol to conduct a DUI checkpoint on Boulder Highway and Sahara. It lasted from 7 p.m. Saturday night through 3 a.m. Sunday morning, and the purpose was to check for drivers breaking Las Vegas DUI law. The National Highway Traffic Safety Administration coordinated the checkpoint, which received some funding by the Nevada Department of Public Safety Office of Traffic Safety.

Las Vegas DUI law makes it a crime to drive under the influence of drugs or alcohol. Having a BAC of .08 or more is per se illegal, even if you’re operating the motor vehicle in a safe manner. If a cop pulls you over for suspected DUI, you’ll be asked some questions and may have to perform various field sobriety tests.

Penalties for breaking Las Vegas DUI law include DUI School, a victim-impact panel, fines and a six-month jail sentence (which is usually suspended). DUIs are misdemeanors unless it results in an injury, in which case the prosecutor will bring felony charges.

According to the Reno Gazette-Journal, almost half of the 113 motorists in Washoe County charged with breaking Nevada felony DUI law in the last ten years had previous arrests for driving under the influence. Nearly a quarter of those were arrested for DUI several times, and one of them was arrested for DUI again following his release from prison.

The average BAC for these arrestees breaking Nevada felony DUI law was .198, but some of these drivers’ BAC levels exceeded .3, which could be lethal to many people. Toxicologist Jeff Handler from Philadelphia explains, "The data says these people are not strangers to alcohol -- they're not casual drinkers. If you drink routinely, two beers doesn't do anything. If you're a chronic drinker, you adapt to the effects of alcohol" which results in higher BAC levels.

Continue reading "Many Nevadans Convicted of Felony DUI Are Repeat Offenders" »

The Las Vegas non-profit company Designated Drivers, which provides drivers who’ve consumed alcohol a ride home, is in financial trouble. Not one of the 2,400 restaurants and bars Designated Drivers reached out to have offered to sponsor the non-profit, which offers its services free from December 18th to January 3rd. According to Designated Drivers, the last two years saw no DUI fatalities during the holiday season.

Las Vegas DUI Law makes it a misdemeanor to drive a car while under the influence of drugs or alcohol. Even if you’re driving well, you can still be convicted of breaking Las Vegas DUI Law if your BAC level is .08 or above. If you're pulled over on suspicion of DUI, the officer will ask you a series of questions and request that you perform field sobriety tests.

Breaking Las Vegas DUI Law is a misdemeanor as long as there was no accident or injury. Penalties include up to six months in jail (that is usually suspendable), fines, a victim impact panel, and DUI School. Las Vegas DUI Law makes driving under the influence a felony if someone gets injured.

Last week, the University Medical Center and Clark County Fire Department recreated a mock DUI crash in front of an audience of one hundred high school students from Legacy and Bonanza high schools. They even demonstrated using the “Jaws of Life” to open a car to rescue its dummy driver. The purpose of the event was to show the dire consequences of breaking Las Vegas DUI law.

The students also heard speeches from Gov. Gibbons and Mayor Goodman. UMC Trauma Center Medical Director John Fildes conceded that teen drivers aren’t the most likely to drive drunk but that it’s still important to impress upon them how breaking Las Vegas DUI law can be fatal: “We hope that we can stop this in this generation and eliminate it for the generations ahead of them.”

Las Vegas DUI law makes it a misdemeanor to drive while under the influence of drugs or alcohol. Penalties for a first offense include fines, a victim impact panel, DUI School, and up to six months in jail (that is usually suspended). Your driver’s license may be suspended for several months as well.

Last week an eighteen year old was arrested for breaking Nevada felony DUI law after allegedly failing to stop at a red light on Rainbow and Flamingo. His pickup collided with a smaller car that was making a left turn at a green light, killing the twenty-four year-old-driver. The teenage driver was not hurt, but his teenage passenger had to go to the hospital with minor injuries.

The teenage driver performed field sobriety test and registered a BAC of .142% (the legal limit is up to .08). He claimed to have taken four shots of alcohol prior to driving that night. He’s now facing two counts of breaking Nevada felony DUI law.

If a drunk-driving accident results in death or substantial bodily harm, Nevada felony DUI law mandates two to twenty years imprisonment and two thousand to five thousand dollars in fines. The defendants’ license is then revoked for three years, and they’re required to install a breath interlock device in their vehicle for twenty to thirty-six months. They also have to attend a victim impact panel.

Ever since 1997, defendants convicted of breaking Nevada felony DUI law were supposed to have ignition interlock devices installed in their cars. But a recent Reno Gazette-Journal investigation found that no Washoe County judge since 2000 has ordered this provision. Now, judges and parole officers across the state are pledging to enforce the sentence in an effort to stem future DUIs. (An ignition interlock device is a kind of breathalyzer that prevents the car it’s attached to from starting if the driver has ingested any alcohol.)

Second Judicial District Chief Judge Connie Steinheimer said, "My district is aware of it and is moving forward to see that there is not an oversight again.” Clark County District Judge Jennifer Togliatti said, "Every judge I know will be doing it immediately.” And Las Vegas Chief Deputy District Attorney L.J. O'Neale said they’re changing the plea agreements accordingly to correspond with Nevada felony DUI law: "The plea agreements had not kept up with the change in the law and only said a judge 'may' order the device. We're changing the language from permissive to mandatory."

Continue reading "Nevada Judges Only Now Complying with 1997 Ignition Interlock Device Law" »

After Charles Messoria did time in prison for accidentally killing his wife during a drunk driving incident in ’99, Nevada DUI laws were in place that should have prevented him from driving drunk again: A mandatory ignition interlock device should have been installed in his car, he should have had to wait three years before getting a new drivers license, and he should have been charged with a felony rather than a misdemeanor after being arrested for breaking Nevada DUI law again last year. None of that happened, and poor communication between law enforcement agencies and lack of knowledge of the law among authorities are being blamed.

Nevada DUI law makes it a crime to operate a motor vehicle while drunk or high. Even if you’re driving carefully and no accident has occurred, you can still be arrested for having a BAC of .08 or higher. Most DUIs without injury or property damage are misdemeanors, but a third DUI arrest in seven years is an automatic felony. As mentioned above, typical punishments for repeat offenders of Nevada DUI law include a mandatory ignition interlock device as well as a two-to-three year license revocation.

Of Messoria, Assemblywoman Sheila Leslie, D-Reno said, “It's outrageous that a chronic repeat offender has fallen through the cracks in the system. The public is at risk when our laws are not being enforced." Messoria recently did have his license revoked.

A seventy-four year old man from Reno was booked this past weekend into the Washoe County jail for breaking Nevada DUI law. He’s also under suspicion for failure to use due care, a hit and run property accident as well as failing to report.

Troopers arrested the driver at his apartment, where he initially denied involvement in the accident. He reportedly admitted to drinking and failed the field sobriety tests.

Nevada DUI Law makes it an automatic misdemeanor to drive with a blood alcohol level of .08 or more. But even if your BAC is less, you can still be convicted of DUI if the state can show that alcohol impeded your ability to drive. Nevada DUI law makes a third DUI offense in seven years a felony, carrying up to six years in prison.

Last week, the Academy of Human Development on 235 N. Eastern Ave. presented a seminar on road safety to Hispanic residents. In addition to learning about Las Vegas DUI law, attendees watched demonstrations on seat belt use and other safety measures and were encouraged to take extra care during the holidays. Yvonne Griebling of the Academy explained, “Some Latinos don’t like to wear seat belts or have car seats for their children because it’s their culture. We are trying to emphasize and push the fact that the law is not the same here.”

Every hour, two people die in a drunk driving accident, and every minute, one person is injured, according to Sandy Heverly of STOP DUI. She said that the holidays are a time to be extra careful about not breaking Las Vegas DUI Law: “We see a significant increase in DUIs through Jan. 1.”

Las Vegas DUI Law makes is a misdemeanor to drive under the influence of drugs or alcohol. Penalties include fines, DUI School, a victim impact panel, and jail time that can usually be suspended. Community service can usually be done in place of fines.

Last week, Henderson resident Amanda Werber pleaded guilty to child endangerment and breaking Nevada reckless driving law (NRS 484.377) for a rollover crash on Super Bowl Sunday that injured two people. She was originally charged with driving under the influence. District judge Elissa Cadish gave her a suspended sentence of five years and a $2,000 fine.

NRS 484.377 defines reckless driving in Nevada as the willful disregard of the safety of persons or property while operating a motor vehicle. Reckless driving also comprises unauthorized speed contests on public highways.

Continue reading "Henderson Woman in Super Bowl Sunday Crash Pleads to Reckless Driving" »

Last week, a Boulder City woman who crashed her car in August, resulting in the death of her husband riding in the passenger seat, was arraigned for involuntary manslaughter, reckless driving and breaking Nevada DUI law. The preliminary hearing is set for January.

The couple was driving home from work when the Dodge truck went off the road and rolled over. The husband wasn’t wearing his seat belt, but the wife was and sustained only minor injuries. She allegedly admitted to police they she had been drinking.

Continue reading "Boulder City Woman Crashes Car, Killing Husband, Charged with DUI" »

On Saturday, the Foundation for Recovery awarded Las Vegas Municipal Court Judge Cedric Kerns the 2009 Community Partner Award for his efforts in advancing Habitual Offender Prevention and Education Court (HOPE). The honor took place during a benefit at the Canyon Gate Country Club.

The purpose of HOPE is to help cure, as opposed to punish, people struggling with drug and alcohol addictions that often lead to various crimes, including the breaking of Las Vegas DUI law. This kind of “alternative sentencing” incorporates education programs, substance abuse treatment, and vocational training.

Las Vegas DUI law criminalizes the act of driving while drunk or high. Even if they’re seemingly in control of their faculties, drivers are automatically considered to be breaking the law if their blood alcohol content is .08 or greater. Las Vegas DUI law provides harsh punishments even for first-time misdemeanor offenders, including fines, a victim impact panel, DUI School and up to six months in jail (that can usually be suspended).

Washoe County police have seen a rise in people breaking Nevada DUI law by abusing prescription medication. They estimate that as many as one in three of their DUI arrests stem from the driver being impaired from prescription medication. Reno police Lt. Dave Evans describes how people forget that Nevada DUI law can be broken by prescription drugs: “The biggest issue is people have to make sure that whatever they take will allow them to still function. It really requires effort on the driver to make sure they can operate safely and within the law.”

In recent weeks, Reno police have reported several DUIs resulting from prescription meds: One man was arrested in Sun Valley who had taken anti-depressants and sleeping pills, and a woman crashed into a school bus after taking Xanex. Reno police Officer Ronald Ahrens described how one motorist had crashed after taking a “prescription cocktail:” “He got out staggering like a drunk, but he had no alcohol on board.”

Nevada DUI law makes it a misdemeanor to operate a motor vehicle while impaired by drugs or alcohol. However, a third DUI in seven years is charged as a felony. DUIs causing injury or death is also charged as a felony.

Nevada’s “12 Hour Hold Law” allows police to keep people arrested for DUI in custody until they’re no longer under the influence. If they were drunk, police may wait until their BAL reaches .04 percent. If they were high, police can hold them for twelve hours.

NRS 484.379 criminalizes drivers who operate a vehicle while drunk or high. If a cop suspects you of being in violation of NRS 484.379, he/she may pull you over, ask you questions, and request you perform various field sobriety tests. These tests involve examining your eyes and asking you to walk in a straight line and balance on one foot.

If you’re convicted of violating NRS 484.379 for the first time, you can usually get the six month jail sentence suspended. But you’ll also face fines, a suspended license, DUI School, and a victim impact panel. Punishments become harsher with each successive DUI.

Nevada law imposes civil liability on people if they’re found to have supplied alcohol to an underage drinker who proceeds to have a car accident. Sandy Heverly, executive director of Stop DUI, has said, "Some of these adults believe they are putting those kids (underage drinkers) in a safe environment. But in reality what they're offering is a false sense of security."An estimated thirty percent of teens are given alcohol by parents or guardians.

NRS 484.379 prohibits drivers from operating a vehicle in Nevada while they’re drunk or high. Anyone found to be driving with a blood alcohol content of .08 or more is automatically presumed to be in violation of NRS 484.379 and subject to DUI charges.

People convicted of breaking NRS 484.379 for the first time face misdemeanor penalties (assuming no one was injured). Typical punishments include fines, probation, a suspended drivers license, and DUI school. Jail time can usually be avoided.

In an effort to prevent DUI-related accidents this Halloween weekend, seven Southern Nevada law enforcement agencies are strategically increasing their presence in various locales including U.S. 95 between Boulder Highway and Cheyenne, Interstate 15 from Sahara to St. Rose Pkwy, and the Strip. Participating troopers come from the Nevada Highway Patrol as well as police from Lincoln, Nye and Clark Counties. In addition to searching for drivers allegedly breaking Las Vegas DUI law, law enforcement will be on the lookout for drivers who are speeding, making illegal turns, and violating child safety rules.

Over the past three years, fatal accidents resulting from drivers breaking Las Vegas DUI law has dropped considerably. In 2009, such “Joining Forces” events between various law enforcement agencies have resulted in 1,134 DUI arrests, nearly 50,000 citations, and more than 15,000 warnings.

Continue reading "Nevada Cops Step Up DUI Patrol for Halloween" »

Nevada resident Dean Johnson recently started a company, called “Never Drive Drunk,” designed to prevent traffic accidents by providing transportation to intoxicated people. He said during an interview, “You give us a call, we give you and your car a ride home so you don't get a DUI." Last week, however, Johnson was arrested for just that—Nevada felony DUI.

One of the reasons Johnson started the company was his own past trouble with driving under the influence—if he’s convicted for this latest episode, it will be his fourth DUI in seven years, which means he’ll be charged with Nevada felony DUI. Representatives from MADD have branded Johnson a “hypocrite.”

Nevada felony DUI carries one to six-years in prison, fines of $2,000 to $5,000, and a three-year drivers license suspension. In addition, defendants are ordered to attend a victim impact panel and to install a breath interlock device in their car.

The Nevada Supreme Court just rejected the appeal of an Illinois citizen, who was given the maximum sentence for a Nevada felony DUI back in 2007. The defendant argued that Nevada was wrong to consider his previous Illinois DUI conviction when charging him because of the differences between the state laws. Had it not been for the Illinois case, he would’ve been charged with only a misdemeanor and not Nevada felony DUI.

In rejecting the appeal, the Nevada Supreme Court explained, “The record reveals that despite the disparity in the sentencing schemes, the Illinois statute [the defendant] was convicted under prohibits the same conduct prohibited [in Nevada].” In total, the defendant had nineteen prior felony convictions, including four that were related to driving under the influence.

A third drunk driving conviction within a seven-year period is charged as a Nevada felony DUI, carrying one to six years imprisonment and fines ranging from $2,000 to $5,000. Drivers licenses may be suspended for three years, and a breath interlock device may be installed in the defendant’s car.

A nineteen year old was recently arrested for breaking Nevada DUI law after he allegedly drove his Honda Accord into the path of a Dodge Ram pickup, killing the driver instantly. The teen was charged with driving under the influence of alcohol with a death and a felony count of reckless driving with a death.

Nevada DUI law makes driving under the influence a misdemeanor as long as no one gets hurt. But a DUI with injury or death is a category B felony, with punishment ranging from two to twenty years in prison and fines ranging from $2,000 to $5,000.

Nevada DUI law also restricts prosecutors from plea-bargaining too much unless the evidence is ostensibly weak. But because the suspects presumably meant no harm, they will usually be segregated from more violent offenders in prison.

Nevada DUI laws make a third DUI in seven years a felony, carrying at least a year in prison. But since 2007, third-time offenders have had the choice to go to DUI Court instead, a rigorous rehab program. In Douglas County, half of the participants have been successful and had their felony DUI convictions reduced to gross misdemeanors.

The Nevada DUI Diversion program mandates three-to-five years of close supervision, six months of house arrest, electronic monitoring, drug and alcohol counseling, a Sobrietor breath tester hooked up to their home phones, searches and seizures which are unannounced, and biweekly court appearances. If a participant is found to be in violation of the terms, Nevada DUI laws require him/her to spend a month in jail, and a second offense removes the participant from the program completely and puts them in prison. And if a participant is convicted of a DUI after completing the program, it’s counted as a fourth drunk driving offense, with Nevada DUI Laws mandating two-to-fifteen years in prison.

Continue reading "Douglas County DUI Diversion Program a Success" »

A middle-aged Reno man has been arrested for breaking Nevada DUI law for the third time in seventeen days. His bail was raised to $25,000. Furthermore, the judge ordered that the bail be paid in cash in lieu of the customary practice of posting a ten percent bond.

Nevada DUI law prohibits operating a motor vehicle while drunk or high. Even if you're driving safely and seem sober, Nevada’s “per se” law makes it illegal to drive with a BAC (blood alcohol content) or BAL (breath alcohol level) of .08 or more.

Once you’re pulled over by a cop suspecting you of breaking Nevada DUI law, you may be asked to perform some “field sobriety tests,” including standing on one foot, walking in a straight line, and following a close, moving object with your eyes. Beware that Nevada’s “implied consent” law mandates you submit to a breath or blood test if the cop asks for it.

Patricia Solis, who was charged with breaking Nevada felony DUI law last year, is still at large after bonding out. A bench warrant was issued early this year, though it is believed she may have returned to her home country of Nicaragua.

On November 8th, 2008, Solis allegedly crashed her truck into Rosalyn Gilson’s car while under the influence of drugs. Gilson died instantly. Later tests showed Solis to be high, and a search of her car uncovered bottles of morphine and hydrocodine.

Nevada Felony DUI law covers automobile accidents where a driver under the influence of drugs or alcohol causes death or substantial bodily injury to someone else. The penalties for breaking Nevada felony DUI law include two to twenty years in prison and a fine of $2,000 to $5,000.

On Saturday, Joshua Salayich was booked into the Henderson jail for breaking Las Vegas DUI law by allegedly driving drunk and hitting Utah resident Jeremy Kunz, who was running a relay race at the time. Kunz passed away at the scene.

Las Vegas DUI law makes drunk driving an automatic felony if it causes death in another person. It carries two to twenty years in prison and a fine from $2,000 to $5,000.

When no death or substantial bodily harm occurs during a drunk driving incident, Las Vegas DUI law classifies the offense as just a misdemeanor with a maximum six-month jail sentence. But a third or subsequent DUI offense within a seven-year time span is chargeable as a felony, carrying one to six years in prison.

Starting this month, Nevada DUI law requires everyone convicted of a DUI to attend a live victim impact panel. This is prompting more rural areas of Nevada, which have formerly relied on DVD recordings of panels, to search for DUI victims and families of DUI victims willing to share their stories.

Currently, live victim impact panels exist in and around Clark County, Reno and Carson City. But many people convicted of DUIs also lose their licenses and cannot afford transportation to these cities. In response to Nevada DUI law, Incline Village, Nevada, is now in the process of forming the Tahoe DUI Education Program to establish live victim impact panels.

In order to become a panel member in the Tahoe program, you or someone close to you had to have been injured in a DUI. In addition, you have to want to help people not to become repeat offenders. Panels will include two or three people and will meet three or four times a year, as early as this January.

Continue reading "Incline Village, NV, Looking to Form DUI Live Victim Impact Panel" »

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.

Continue reading "Former Boulder City Councilwoman Fails Breathalyzer Test" »

A new Clark County ad campaign plays on recession fears to motivate drivers into following Las Vegas DUI laws. The Safe Community Partnership, which spearheaded the ad, hopes to make people realize that it’s cheaper to call a cab or have a designated driver than to pay the consequences for a DUI. The ad, which parodies Mastercard commercials, will read: "A beer: $2.50. A margarita: $4.50. A DUI: $13,000. A designated driver: Priceless."

The $13,000 figure is an estimate of what each DUI arrest costs the community as well as the suspect: Las Vegas DUI laws require alleged offenders to pay hefty fines, attend a victim impact panel, and maybe stay in jail for an extended period. And the $13,000 doesn’t even take into account damage to property or bodily injury.

The ad will appear at sixty bus stops around Clark County and in several bars.

Continue reading "Las Vegas Anti-DUI Ad ShowsThat Drunk-Driving is Expensive" »

For the next two weeks, the Mesquite Police Department is working with various other police agencies in the state as part of Nevada’s “Joining Forces” program to help combat DUI in Nevada. Their new mantra is “Over the limit, under arrest.”

For the “Joining Forces” program, Mesquite cops are teaming up with law enforcement officers from around the state to patrol the streets for drunk or drugged drivers. Sergeant Rob Stepp explained, “We want people to arrive safely at their final destination.”

A first offense for a DUI in Nevada is a misdemeanor, and jail time can usually be suspended. Subsequent DUIs, however, carry harsher penalties and larger fines. The Office of Traffic Safety, Nevada Department of Public Safety is funding the Joining Forces traffic enforcement campaign.

Source report:http://www.mesquitenv.com/department/Police

The National Highway Traffic Safety Administration identified Nevada as one of ten states that showed an increase in the number of fatal DUI crashes last year where the driver was a woman. Nationwide, there was a 4.6% increase in the number of females arrested for driving under the influence between 2003 and 2007.

Even though females still make up less than twenty percent of drivers arrested for DUI in Nevada, resulting accidents therefore are usually more dangerous because women drivers tend to have more passengers, such as children: NHTSA reports that thirty-five percent of all alcohol-impaired female drivers have passengers.

Continue reading "Nevada Singled Out for Increase in Fatal DUI Accidents Where Driver was Female" »

Although drunk driving has decreased by seventy percent over the last thirty years in the U.S., national drug czar Gil Kerlikowske warned Las Vegas law enforcement on Wednesday that drugged driving in Las Vegas is on the rise. The drugs include prescription and over-the-counter medications in addition to illegal narcotics, though the majority of drugged drivers are under the influence of marijuana.

New statistics from the National Highway Traffic Safety Administration suggest that one in six drivers is under the influence of drugs. Just this past week, Las Vegas Metro arrested one hundred and nineteen drivers for DUI. Last year, Steven Murray, who killed a woman in Boulder City after driving into her while being under the influence of prescription drugs, was the first person to be found guilty under Nevada’s felony DUI manslaughter law.

Continue reading ""Drugged Driving" Cases on the Rise in Nevada" »

On Saturday, Las Vegas Metro and the Nevada Highway Patrol set up a sobriety checkpoint at Sahara Avenue and Valley View Boulevard between seven p.m. and three a.m. Over the course of these eight hours, police checked more than 4,700 vehicles and arrested eleven motorists for charges of DUI of alcohol or drugs.

If you’re pulled over by a cop checking for DUIs, you may be asked to perform field sobriety tests, and you’re required to submit to a breath or blood test. You’re automatically considered to be driving under the influence in Nevada if your blood alcohol content or breath alcohol level is .08 or above.

The penalties for a first conviction of driving under the influence in Nevada are just a misdemeanor, carrying two days to six months in jail or community service. In addition, you may be fined up to $1,000 and ordered to attend DUI School and a victim impact panel. Your license may be suspended as well. Subsequent convictions carry harsher punishments.

This weekend’s sobriety checkpoint in Las Vegas was coordinated by the National Highway Traffic Safety Administration and received part of its funding by a Nevada Department of Public Safety traffic safety grant.

Nevada Lawmakers urged to go low-tech to prevent DUIs

Drivers convicted of a DUI in Clark County, Nevada, will probably be ordered to attend a Las Vegas DUI School and a victim impact panel in lieu of going to jail. For the last several years, most judges have allowed Clark County DUI School students to complete their coursework and watch victim impact panels over the internet. Although online Las Vegas DUI classes appear to be here to stay, if Nevada Assembly Bill 209 passes in the state legislature, Nevada DUI School students will no longer be permitted to view victim impact panels online.

Online Las Vegas DUI alcohol programs have obvious advantages over brick-and-mortar Las Vegas DUI programs: They tend to be cheaper, students may learn at their own pace, and they save students the time and gasoline necessary to drive to already crowded DUI classes in Las Vegas. But Sandy Heverly, a supporter of Nevada Assembly Bill 209 and executive director of the anti-drunk driving organization STOP DUI, argues that requiring students to personally attend live meetings with victims and their families proves far more effective than merely watching a pre-taped video over the internet.

Although live victim impact panels may make a more lasting impression than watching them on a computer, mandating students to attend these meeting may simply be unfeasible, especially if they live in rural areas. Assemblyman Mark Manendo suggested the compromise that judges retain the authority to waive an in-person requirement as long as there are no victim impact meetings within sixty miles of the student’s home. At this point, Nevada Assembly Bill 209 is still being debated in the Nevada Assembly.