DUI Defense

Reno DUI Defense Lawyers

Trusted DUI Defenders in Sparks & Northern Nevada

A DUI arrest can be intimidating and humiliating. It can lead to serious legal and collateral consequences, from heavy fines and probation to job loss and a permanent criminal record that can hamper employment and other opportunities.

At Larry K. Dunn & Associates, we are deeply familiar with the impact of a DUI on your life, both legally and personally. Since 1986, we have resolved over 7,000 DUI cases across Nevada. With decades of courtroom experience, we know what to do and how to do it to give you the best chance of a positive result. 

Book a free initial consultation with a Reno DUI defense attorney at Larry K. Dunn & Associates by phone at (775) 522-3550 or use our convenient contact form.

Understanding DUI Charges in Nevada

 Nevada law makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The legal limit for commercial drivers is 0.04%, while drivers under 21 are held to a 0.02% limit. 

A DUI charge can also arise if law enforcement believes your ability to operate a vehicle is impaired due to drugs, alcohol, or a combination of the two, regardless of BAC. When drugs are involved, it is not a defense that you have a valid medical prescription. It is also not a defense that you were driving under the influence after ingesting legalized marijuana. 

Nevada's strict DUI laws mean that understanding the nuances of each case is essential. This includes recognizing the differences in how various substances can affect your ability to drive and navigating the specific procedures law enforcement may use when making a DUI arrest. Familiarity with these details can be critical for a robust defense.

What Does “Actual Physical Control” Mean?

In Nevada, you don't necessarily have to be driving to be charged with a DUI. You can be found guilty if you are in "actual physical control" of a vehicle while impaired. This can include situations where you are:

  • Sleeping in your car with the keys in the ignition (even if the engine is off).
  • Pulled over on the side of the road with the engine running.
  • In the driver's seat with access to the vehicle's controls.

The prosecution must prove you had the immediate ability to operate the vehicle.

Penalties for DUI Offenses in Nevada

Nevada imposes progressively harsher penalties for repeat DUI offenses within a seven-year lookback period.

Penalties for a First Offense DUI 

A first-offense DUI charge is a misdemeanor carrying the following penalties: 

  • Two days up to six months of jail time, or 48 to 96 community service hours. In many first offense cases, judges may suspend jail time in favor of other penalties.
  • $400 in fines plus additional court costs
  • License suspension of 185 days
  • DUI “school”
  • Attendance at a Victim Impact Panel
  • Installation of an ignition interlock device in your vehicle for six months

To restore your license after a conviction, you must typically obtain an SR-22 certificate of financial responsibility for three years. 

Penalties for a Second Offense DUI (within 7 years)

A second DUI offense within seven years is also a misdemeanor but carries significantly increased penalties:

  • Mandatory Jail Time: 10 days to six months in jail or residential confinement, or 48 to 96 hours of community service.
  • Fines: $750 to $1,000, plus court costs.
  • License Suspension: One-year driver's license revocation.
  • Ignition Interlock Device (IID): Required for a minimum of six months to three years, depending on BAC.
  • DUI School & Victim Impact Panel: Mandatory attendance.
  • Alcohol/Drug Dependency Evaluation: Required, with potential for court-ordered treatment.
  • SR-22 Insurance: Required for three years.

 

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Factors That Enhance a DUI Charge

Certain circumstances, known as aggravating factors, can escalate a DUI charge to a felony and increase potential penalties.

These factors include:

  • A BAC of 0.18% or higher
  • Causing injury or death to another person
  • Driving with a minor passenger in the vehicle
  • Repeat DUI offenses within seven years
  • Refusing to submit to a chemical test

When enhancements apply, penalties become far more severe, including longer jail sentences, higher fines, and extended license suspensions.

Felony DUI Charges in Nevada

A DUI becomes a felony in Nevada under specific circumstances, leading to state prison time and long-term consequences:

  • Third DUI Offense within 7 Years: This is a Category B Felony, punishable by 1 to 6 years in Nevada State Prison, $2,000 to $5,000 in fines, and a three-year license revocation. Probation is typically not available.
  • DUI Causing Substantial Bodily Harm or Death: If your impaired driving proximately causes serious injury or death to another person, you can be charged with a Category B Felony, carrying 2 to 20 years in Nevada State Prison and $2,000 to $5,000 in fines. This is a non-probationable offense.
  • Prior Felony DUI Conviction: Any subsequent DUI offense after a prior felony DUI conviction (regardless of when the prior occurred) will also be charged as a Category B Felony, with penalties of 2 to 15 years in prison.

Felony DUI convictions have severe, lasting impacts, including loss of civil rights (such as voting or gun ownership) and significant challenges for employment and housing.

Navigating the DMV Administrative Hearing

Beyond the criminal court proceedings, a DUI arrest in Nevada triggers a separate, civil administrative hearing with the Department of Motor Vehicles (DMV). This hearing determines whether your driving privileges will be suspended.

  • Crucial 7-Day Deadline: You have only seven (7) days from the date of your arrest (if you took a breath test or refused) or from receiving your blood test results to formally request a DMV administrative hearing. Failing to request this hearing within the strict deadline will result in an automatic license suspension.
  • Separate from Criminal Case: It is vital to understand that the DMV hearing is entirely separate from your criminal DUI case. The outcome of one does not automatically dictate the outcome of the other.
  • Purpose of the Hearing: The hearing's primary purpose is to determine if the arresting officer had probable cause for the stop and arrest, and whether the chemical test was properly administered and indicated an illegal BAC or refusal.
  • Your Rights at the Hearing: You have the right to be represented by an attorney, to cross-examine the arresting officer(s), and to present evidence on your behalf.
  • Benefits of Attending: Even if the odds seem stacked, attending this hearing (with an attorney) is crucial. It provides a valuable opportunity to cross-examine the arresting officer under oath, gather information, and identify potential weaknesses in the prosecution's case that can be used in your criminal trial. If the officer fails to appear, you may even win by default. Requesting the hearing also often allows you to drive with a temporary license until a decision is made.

Building a Robust DUI Defense

A DUI charge does not have to automatically result in a conviction. Several aspects of your case can be investigated to challenge the charges:

  • Was the traffic stop conducted legally? Law enforcement must have "reasonable suspicion" to pull you over. If the stop was unlawful, any evidence gathered afterwards might be inadmissible.
  • Were the field sobriety and chemical tests administered correctly? Field Sobriety Tests (FSTs) must be administered according to standardized procedures. Breath and blood tests require proper calibration, maintenance, and handling of equipment and samples. Errors in these procedures can compromise the test results.
  • Is there evidence that the BAC test was inaccurate due to faulty equipment or improper calibration? Breathalyzers require regular calibration and maintenance. Blood samples can be compromised by improper collection, storage, or fermentation.
  • Were your rights violated at any point during the arrest or investigation? This includes violations of your Miranda rights or the right to counsel.
  • Are there medical conditions or other factors that could have contributed to the appearance of impairment? Certain medical conditions (e.g., acid reflux, diabetes), medications, or even environmental factors can mimic signs of impairment or affect BAC readings.
  • Could the "rising BAC" defense apply to your case? This defense argues that your blood alcohol content (BAC) was legal at the time of driving but rose above the legal limit by the time the chemical test was administered, meaning you weren't impaired while operating the vehicle.
  • Can it be proven that you were not in "actual physical control" of the vehicle? If you were not truly in control of the vehicle as defined by Nevada law, this can be a strong defense against the charges.
  • Were there "chain of custody" issues with your blood sample? For blood samples, any break in the documented chain of custody from collection to testing can lead to the suppression of that evidence.

Our team scrutinizes every detail of your case to identify weaknesses in the prosecution’s evidence and build a solid defense strategy tailored to your unique situation.

Navigating the complexities of DUI requires skill, commitment, and years of practice. Larry K. Dunn & Associates has become a trusted name in Nevada DUI defense. We offer effective advocacy, from defending you in court to handling DMV administrative license suspension hearings

We take a personalized approach to each case, leveraging our in-depth understanding of local DUI laws and procedures. Our strategic defenses often involve consultations with expert witnesses or leveraging recent changes in Nevada DUI laws that may benefit your case. We work tirelessly to ensure that every angle of your defense is explored, maximizing your chances for a favorable outcome.

Life After a DUI: Post-Conviction Considerations

Even after a DUI conviction, there may be options for the future. In some cases, and after a significant period of time has passed, certain misdemeanor DUI convictions may be eligible for expungement (sealing) from your criminal record in Nevada. Felony DUI convictions, however, are typically not eligible for sealing. Our team can advise you on the long-term implications of a conviction and explore any available avenues for record relief.

Contact a Reno DUI Defense Attorney Today

If you've been arrested for DUI in Reno, Sparks, or anywhere in Northern Nevada, the time to act is now. Every moment counts in building a strong defense. Do not speak to law enforcement without legal counsel.

Contact us online or at (775) 522-3550 for a free case review with a Reno DUI attorney today. 

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Frequently Asked Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 775-522-3550 today!

  • Can I be stopped and arrested for DUI in Nevada even if the vehicle was not moving?
  • What happens if I refuse a breath test in Nevada?
  • How will a DUI conviction affect me, other than the criminal penalties and my license revocation?
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