Las Vegas Criminal Defense Blog

The Nevada Supreme Court recently ruled that “necessity” is a viable defense under Nevada DUI Law. If the defendant can demonstrate that his/her conduct (driving under the influence) represented “the lesser of two evils” and that the defendant’s actions did not contribute to the emergency, the DUI charges may be dismissed. The Court wrote, “Since the Nevada Legislature has not precluded the use of necessity as a defense; we conclude that it is available and can be asserted in a DUI violation.”

Nevada DUI Law makes it a criminal offense to operate a car while under the influence of alcohol and/or with a BAC of .08 or above. If a policeman pulls you over on a traffic stop and suspects you’ve been drinking, you may be asked to submit to a preliminary breath test and various field sobriety tests. Depending on the result of the tests, the policeman may then arrest you and you’ll be given the choice of taking a breath test or blood test.

The penalties for violating Nevada DUI law depend on the severity of the case. If no one got hurt and it was your first or second DUI in seven years, then it’s just a misdemeanor. Otherwise, it’s punished as a felony.

Last month a middle-aged woman from Gardnervile was arrested for allegedly stealing a bottle of wine from Scolari's while topless and inebriated. Afterwards she supposedly drove to a Burger King, which is where an officer noticed that she parked with her tire over the curb. The officer proceeded to question her and ultimately arrested her for driving under the influence, and she was later charged with burglary and indecent exposure as well. The judge dismissed the latter two charges in exchange for her pleading guilty to a third DUI (she already has two DUI convictions in California), and she's already requested admittance to Nevada DUI Court.

Nevada DUI Court for felonies is a diversion option that allows third-time DUI offenders to avoid prison by instead submitting to a lengthy rehabilitation program. The only people eligible are those who have two DUIs within the last seven years and who have never hurt or killed anyone in a DUI incident. It can last up to five years, but it typically spans three years.

Nevada DUI Court for felonies (also called the Serious Offenders Program in Clark County) consists of six months of house arrest, weekly status checks with the court, and biweekly counseling sessions (group as well as individual). Participants submit to random alcohol testing, have breath interlock devices installed in their cars, and may have to wear SCRAM bracelets. But upon successful completion of these and any other requirements, their felony DUI charge will be reduced to a misdemeanor.

For more on this story go to: http://www.recordcourier.com/article/20100527/NEWS/100529859/1062&ParentProfile=1049