According to the Nevada Department of Motor Vehicles (DMV), if you get convicted of driving under the influence (DUI), the DUI will permanently stay on your driving record in Nevada. However, if the DUI offense stayed on a misdemeanor level, you may be able to apply for a record seal after seven years have passed since your case settled. If your DUI is a felony offense, you cannot apply for a record seal.
If you are facing DUI charges, you can hire a criminal defense lawyer in Las Vegas, Nevada, to represent you in an effort to defend yourself from being convicted of a DUI. Our attorneys at De Castroverde Criminal & Immigration Lawyers have over 25 years of criminal defense experience in Nevada and know what it takes to fight for our clients’ charges to get dropped or reduced.
DUIs Stay on Your Driving History for Up to 10 Years in Nevada
DUI convictions remain on your driving record indefinitely. However, people have an option to seal their driving record after seven years have passed since their last offense. This is significant because DUIs can stay on your driving history for up to 10 years, which is a separate public document used by the court to determine which penalties you face if you commit another DUI offense.
In Nevada, your penalties for a potential DUI offense increase if you commit a second or third offense within seven years of your last DUI case. This is referred to as the “look-back” period. Keep in mind that your DUI case does not close until all requirements of your conviction are met. For example, if your license gets revoked for three years, it does not close until you fulfill that requirement.
How Nevada DUI Cases May Affect People from Out of State
If you live out of state and were arrested on a DUI charge while driving in Nevada, such as during your Las Vegas vacation, you will still be upheld to the same standards as Nevadan drivers. That means your driving record and history from another state may be considered during your case.
Whether your Nevada DUI will show on your record outside of Nevada varies by state, so you should consult an attorney in your state for that matter. In many cases, if you are serving probation in another state, an out-of-state DUI offense may violate your probation, which is grounds for revocation.
Having a Previous DUI Will Affect the Penalties You Face for Another Offense
As mentioned, the severity of your penalties, if convicted, will depend on whether this is your first offense of DUI or an additional one, be it your second, third, or more. Having a criminal defense lawyer in Las Vegas can be useful, as they can negotiate lesser penalties or even have the judge dismiss your case altogether if this is your first offense.
DUI Penalties in Nevada
Per NRS 484C.110, potential penalties for DUI in Nevada include:
- Jail sentences, which can be as short as two days to as long as six years
- Fines between $400 and $2000
- License revocation, which can be as short as six months to as long as three years
- DUI school
- Ignition Interlock Device (IID) required for your vehicle for at least six months and up to three years
- Substance abuse rehabilitation if you commit multiple offenses
If your case involves other offenses, you may face other penalties not included in this article.
What a Criminal Defense Lawyer in Las Vegas Can Do for You
Criminal defense lawyers in Las Vegas know how to interpret the law to defend their clients from unlawful arrest, charges, and convictions. On your own, you may not know what rights you have in a criminal case in Nevada, especially if you are not from the state.
By working with a DUI defense attorney from De Castroverde Criminal & Immigration Lawyers, you can leave your case in our hands.
Legal Services We Provide Our Clients
Once you discuss your case with one of our team representatives, we can send a lawyer to represent you and offer multiple services, such as:
- Legal representation: As soon as you hire one of our attorneys, we will send someone to attend your bail hearing or initial arraignment to advocate for your rights. They will also attend any pretrial or preliminary hearings involved in your case. With legal representation, you may be able to leave jail on lesser or no bail or have your case dismissed or settled with a plea deal.
- Private investigation: During the discovery phase of your case, your lawyer will organize efforts to retrieve evidence to support your defense. This may involve contacting witnesses (e.g., a bartender or liquor store employee), requesting copies of surveillance or traffic camera footage, and requesting the results of your breathalyzer or blood tests.
- Administrative duties: Our team will also manage your case for you. We will file appropriate legal motions, communicate with court officials and other involved parties, and send you updates as your case progresses. This can also be useful if you live out of state, as we can handle legal tasks on your behalf without asking you to come back to Nevada.
If at any point you would like legal counsel, our office is also available to answer questions and concerns. We understand that being convicted of a DUI can have lifelong consequences, so we aim to be comprehensive in building your defense.
You May Have Defenses That Can Help You Avoid a DUI Conviction in Nevada
Our defense argument for your case will be based on its specific factors, but some common defenses used in DUI cases include:
- Test results cannot prove you were intoxicated: We will scrutinize how the arresting officer tested your blood alcohol concentration (BAC) levels. If we find that they did not recalibrate the breathalyzer device, contaminated your blood sample, or did not release you after you tested below 0.08 percent, we may argue that your test results are invalid and do not prove that you are guilty.
- You were not driving: In Nevada, drivers must be in “physical control” of their vehicle to be arrested for DUI or attempting to be in “physical control.” The latter is a means to prevent drivers from committing DUIs. However, if you were in the passenger seat or in the back of your vehicle, your lawyer may argue you did not control the vehicle but acted as a passenger.
- You were “sleeping it off”: This argument focuses on the fact that you had no intention to drive while intoxicated by choosing to pull over, park, and turn off your vehicle while you slept enough time until you were sober.
Call De Castroverde Criminal & Immigration Lawyers for a Free Case Review
If you are facing DUI charges in Nevada, call De Castroverde Criminal & Immigration Lawyers for a free consultation with our team about your case. A criminal defense lawyer in Las Vegas from our firm work can review your case and represent you during criminal proceedings. Our team representatives can also discuss how long a DUI stays on your Nevada driving record and answer any questions you may have.
Call 702-805-2694 for a free case review today. Whether you have multiple DUI charges or live outside of Nevada, our DUI defense attorneys are prepared to advocate for your rights and negotiate for lesser or no charges.