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

September 27, 2024 | Hofland & Tomsheck

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

How Nevada DUI Laws and Punishments Compare to Other States

September 25, 2024 | Hofland & Tomsheck

How Nevada DUI Laws and Punishments Compare to Other States

Driving Under the Influence (DUI) is a serious offense across the United States, with laws and penalties varying significantly from state to state. Nevada is known for having strict DUI laws, and its approach to punishing offenders reflects the state’s commitment to road safety. This post will explore how Nevada’s DUI laws and punishments compare to those in other states, including aspects such as blood alcohol content (BAC) limits, penalties for first-time and repeat offenders, DUI checkpoints, and the rising issue of driving under the influence of marijuana. At the end, we’ll also discuss how a skilled Las Vegas DUI attorney like Josh Tomsheck can help if you are facing DUI charges in Nevada.

Blood Alcohol Content (BAC) Limits

How U.S. Supreme Court and Nevada Supreme Court Decisions Have Shaped DUI Defense

September 23, 2024 | Hofland & Tomsheck

How U.S. Supreme Court and Nevada Supreme Court Decisions Have Shaped DUI Defense

Driving Under the Influence (DUI) charges are taken seriously in Nevada, as they are across the United States. Over the years, both the U.S. Supreme Court and the Nevada Supreme Court have issued landmark rulings that have significantly shaped how DUI cases are prosecuted and defended. These legal precedents directly affect how evidence is gathered, what constitutes probable cause, and how DUI defense attorneys can challenge the prosecution’s case.

In this blog post, we will explore key decisions from both courts that have shaped DUI defense law, how these rulings influence the way DUI cases are handled in Nevada, and how attorney Josh Tomsheck uses these legal changes to craft strong defenses for his clients.

Crime Rates and Warm Weather: A Closer Look at Summer 2024 in Las Vegas

September 6, 2024 | Hofland & Tomsheck

Crime figures rise and fall for a number of reasons. One common connection between the level of reported crimes is the weather. Crime reports commonly fluctuate season to season and summer months, particularly in places like Las Vegas, see notable changes in the types and frequency of criminal offenses.

Crime rates in Las Vegas are up during the warm summer of 2024 in Las Vegas, which is reflective of general trends of rising crime during warmer months. The Las Vegas Metropolitan Police Department (LVMPD) has reported a notable uptick in violent crime, particularly in densely populated areas like the Strip corridor and Fabulous Fremont Street area downtown.

According to recent news reporting by Nevada Public Radio (KNPR), year-over-year crime in Las Vegas has also seen a 14% rise, and the city’s violent crime rate is now 40% higher than the national average. The connection between crime and temperature has been the subject of numerous studies. One well-known study that establishes the link between warmer weather and increased crime rates is the “Heat and Violence” study conducted by Craig A. Anderson and his colleagues, published in the journal Current Directions in Psychological Science (2001). This study examined the relationship between temperature and aggression, proposing that higher temperatures are linked to increased aggressive behavior, which in turn can lead to higher rates of violent crime.

Marijuana DUI Charges Can Have Serious Consequences

December 12, 2016 | Hofland & Tomsheck

In a previous entry on this Blog, I wrote about the passage of new Nevada State laws legalizing personal use marijuana and the possession of less than 1 oz. of marijuana – – – and further discussed the difference between “impairment” vs. “per se” DUI laws.

Nevada, unlike many states, has passed “per se” DUI laws setting acceptable levels of the presence of a drug in one’s system, over which the law presumes the driver is too impaired to drive safely. In many states a driver who is alleged to be under the influence of marijuana typically can’t be convicted of a “per se” DUI. In those states, drivers are usually charged with a theory of impairment – – – wherein the prosecutor has to point to documented evidence that the driver cannot perform driving related tasks safely. The law requires prosecutors in these jurisdictions to show that marijuana consumption had an effect on the driver and not simply prove up the presence of a specific amount of THC in the driver’s system. Nevada commonly charges the “impairment” theory as their first theory of criminal liability in a DUI case. In Las Vegas and throughout the State of Nevada, prosecutors have the burden of proving the person charged (the Defendant) is impaired “to a degree that rendered him incapable of safely driving or exercising actual physical control of a vehicle.” (NRS§ 484C.105 (2016)). In the States that ONLY charge the impairment theory of Marijuana DUI there has been no need to take action in changing their DUI laws following the recent trend towards the decriminalization of marijuana.

Nevada is the exception to this general rule however. Nevada is one of the small number of states that have legislation on the book utilizing the “per se” DUI theory to DUI of marijuana. In Nevada a driver can be convicted of DUI simply by driving with a minimum concentration of the active agent in marijuana (“THC”) or the breakdown metabolite of THC in their system as detected through a blood test.

Changes to Nevada Marijuana Laws Likely to Cause Increase in Marijuana DUI Arrests

December 5, 2016 | Hofland & Tomsheck

The selection of a new President of the United States was not the only big decision made by Nevada voters on Super Tuesday in Early November. Nevada voters, along with those in three (3) other states, Maine, California and Massachusetts, decidedly permitted ballot measures which served to do away with criminal eligibility for personal or recreational use of marijuana.

Eventually, when these newly enacted laws are cemented in place, the total number of States which have legalized Marijuana, will grow to Eight (8). This is in addition to our nation’s capital, Washington D.C., where citizens of legal age are permitted to legally possess and marijuana, even absent a prescription. These States are in addition to those which have enacted legislation allowing for the approved use of marijuana for medical purposes.

The creation of these new allowances under the law gives rise to many areas of conversation, from the legalities of farming and distribution to taxation and the like. The Clark County District Attorney’s office recently announced they would no longer prosecute possession of marijuana cases which would fall under the new law, even BEFORE it technically goes into effect.

As a Las Vegas DUI Defense lawyer however, the passage of this ballot initiative into law creates a whole new set issues within the Las Vegas community that most local drivers are not even aware of. It is my prediction that the passage of this law will either lead to a change in legislation as it pertains to Driving Under the Influence of Marijuana law in Nevada – – – or we will see a marked (if not drastic) increase in DUI Marijuana charges.

You may be asking, how does the legalization of personal use Marijuana affect Nevada DUI laws? The answer is really simple… most State’s, Nevada included, have changed their law of the possession and usage of small amounts of marijuana, but have made no fundamental change to the law related to driving under the influence. The fact is exceptionally important to know for Nevada drivers who intend to use small amounts of marijuana under the new law, even otherwise law abiding licensed drivers.

Here is how – – – in Nevada, as in almost every other state jurisdiction in the US, charges Driving Under the Influence (“DUI”) under two (2) very different theories. These different legal theories of liability are commonly referred to as the “impairment” theory and “DUI per se.” This difference in a criminal charge is the same as it is in the most commonly charged type of DUI, namely an allegation of being under the influence of alcohol.