What Happens After a Las Vegas DUI Arrest for a Nevada Licensed Driver

Being arrested for Driving Under the Influence (DUI) in Las Vegas can be a frightening and overwhelming experience. For Nevada-licensed drivers, understanding what happens after the arrest and how the legal process unfolds can make a significant difference in how they handle their case. From the initial arrest to the potential penalties, and the steps you can take to protect yourself, this blog post will guide you through what to expect after a DUI arrest in Las Vegas.

1. The DUI Arrest

When a driver in Nevada is suspected of driving under the influence, law enforcement may pull the driver over for signs of impaired driving, such as swerving, erratic behavior, or traffic violations. The officer will likely ask for your driver’s license, registration, and insurance, and then assess your sobriety based on observations like slurred speech or the smell of alcohol. If the officer suspects you are impaired, they may ask you to perform field sobriety tests, such as walking in a straight line, balancing on one leg, or following an object with your eyes.

If you fail these tests or refuse to take them, you may be arrested on suspicion of DUI. In Nevada, law enforcement can also require you to take a breathalyzer test or submit to a blood or urine test to determine your blood alcohol content (BAC). Refusing to take a chemical test can result in an automatic driver’s license suspension for up to one year, as Nevada operates under an implied consent law.

2. Booking and Detention

After your arrest, you will be taken to a local detention facility, such as the Clark County Detention Center in Las Vegas or the Las Vegas City Jail. At this point, the booking process begins, where your personal information is recorded, your photograph (mugshot) is taken, and your fingerprints are collected. You may be placed in a holding cell while you wait for your release or bail to be set.

Depending on the circumstances of your arrest, you may be released on your own recognizance (without having to pay bail) or required to post bail to secure your release. The amount of bail will vary depending on factors such as whether this is your first DUI offense, whether there were any aggravating factors (such as an accident or injuries), and your criminal history.

3. The Administrative License Suspension

Following your DUI arrest, Nevada’s Department of Motor Vehicles (DMV) will initiate an administrative license suspension process. This is separate from the criminal charges and penalties you may face. If your BAC was 0.08% or higher, or if you refused to take a chemical test, your license will be suspended automatically for 90 days for a first offense.

It is important to note that you have a limited amount of time—7 days from the date of your arrest—to request a DMV hearing to contest the suspension. If you do not request a hearing, the suspension will go into effect automatically. The hearing is your opportunity to challenge the evidence and potentially retain your driving privileges, but it can be difficult to succeed without legal representation.

If you are unsuccessful in your hearing or choose not to contest the suspension, you may be eligible to apply for a restricted license after 45 days, which would allow you to drive for limited purposes, such as work or school. However, you will likely be required to install an ignition interlock device (IID) on your vehicle as a condition of driving with a restricted license.

4. Your Court Appearance

After your release from jail, the next step is your initial court appearance, also known as the arraignment. This is when you will formally be charged with DUI and asked to enter a plea of guilty, not guilty, or no contest. If you plead guilty or no contest, the case may proceed to sentencing. However, if you plead not guilty, your case will move forward to pretrial hearings, and potentially, a trial.

It’s critical to have a skilled DUI defense attorney by your side at this stage. An experienced lawyer like Josh Tomsheck can evaluate the evidence against you, identify any potential weaknesses in the prosecution’s case, and advise you on the best course of action. Depending on the circumstances of your case, your attorney may negotiate a plea deal, which could result in reduced charges or a lighter sentence. In some cases, they may be able to get the charges dismissed entirely.

5. Potential Penalties for a Nevada DUI Conviction

If you are convicted of DUI in Nevada, the penalties you face will depend on whether this is your first, second, or subsequent offense, as well as any aggravating factors present in your case. Here’s an overview of the potential consequences for a first-time DUI offense in Nevada:

Jail Time or Community Service: A first-time DUI conviction can result in 2 days to 6 months in jail. Alternatively, the court may order community service (typically 48 to 96 hours).
Fines: You could face fines ranging from $400 to $1,000.
License Suspension: Your driver’s license will be suspended for 90 days, although you may be eligible for a restricted license after 45 days with an IID.
DUI Education: You will likely be required to complete a DUI education course, which is designed to address the risks of impaired driving.
Ignition Interlock Device (IID): In some cases, particularly if your BAC was over 0.18%, you may be required to install an IID on your vehicle, which prevents it from starting if you have alcohol in your system.

For second or subsequent DUI offenses, the penalties become more severe, with longer jail sentences, higher fines, longer license suspensions, and mandatory IID installation.

6. How a DUI Defense Attorney Can Help

Being arrested for DUI in Las Vegas doesn’t mean you have no options. With the right legal representation, you may be able to challenge the evidence against you, negotiate a favorable plea deal, or even get the charges dropped altogether. A skilled DUI defense attorney like Josh Tomsheck can make all the difference in the outcome of your case.

Here are some of the ways an experienced DUI lawyer can assist:

Challenging the Stop: If the officer didn’t have probable cause to pull you over, your attorney may be able to get the charges dropped based on an unlawful stop.
Questioning the Field Sobriety Tests: Field sobriety tests are subjective and prone to errors. Your lawyer can challenge the reliability of the tests conducted during your arrest.
Reviewing the Chemical Test Results: Breathalyzer and blood test results can be inaccurate due to improper calibration or collection procedures. Your attorney can scrutinize the results to ensure they were obtained correctly.
Negotiating a Plea Deal: If the evidence against you is strong, your attorney may be able to negotiate a plea bargain for reduced charges or penalties, such as reckless driving instead of DUI.
Representing You in Court: If your case goes to trial, having a knowledgeable defense attorney who understands the complexities of DUI law can give you the best chance of success.

Contact Las Vegas DUI Attorney Josh Tomsheck

If you’ve been arrested for DUI in Las Vegas, it’s essential to act quickly and secure skilled legal representation. Josh Tomsheck is a Nationally Board-Certified Criminal Trial Specialist and former Chief Deputy District Attorney with extensive experience defending DUI cases in Nevada. Whether you are a first-time offender or facing more severe charges, Josh Tomsheck can provide the legal expertise and personalized attention you need to achieve the best possible outcome.

Don’t face your DUI charges alone—contact Josh Tomsheck today to schedule a consultation and begin building a strong defense.