Types Of DUI Charges

There are many different types of DUI charges, and the seriousness can vary depending on who you are, what your situation is, and what you are under the influence of. (And yes, DUI’s can apply to more than just alcohol – they actually may refer to any kind of substance, whether legal or illegal.)

It can be hard to define the consequences of a DUI charge without knowing which type you are dealing with. The information below may help you to determine what the seriousness of your offense might be, as well as how an experienced Las Vegas criminal defense attorney can help you.

  • DUI – Alcohol
  • DUI – Marijuana, other Drugs
  • DUI Prescription Drugs
  • DUI – 2nd, 3rd, or More Offenses
  • Underage DUI
  • Drunk Driving Accidents
  • Repeat DUI Felony

DUI – Alcohol

Nevada’s laws about drunk driving/ DUI are in Nevada Revised Statute (NRS) 484C.110. It is unlawful for any person to operate a motor vehicle on a publicly accessible road when he or she:

  • Is under the influence of intoxicating liquor
  • Has a BAC of 0.08 or higher
  • Is found to have a BAC of 0.08 or higher within 2 hours after being in control of a motor vehicle
  • Is under the influence of a controlled substance (even if in accordance with a prescription)

DUI – Marijuana, Other Drugs

Nevada’s laws about driving under the influence are included in Nevada Revised Statute (NRS) 484C.110. It is unlawful for any person to operate a motor vehicle on a publicly accessible road when he or she:

  • Is under the influence of a controlled substance (even if in accordance with a prescription)

The penalties for driving under the influence of drugs can include fines up to $1,000, up to 6 months of jail time, and license revocation on a first offense. The penalties increase for each offense. If the DUI causes a serious accident, the charge becomes a felony carrying up to 6 years of prison time and a fine of up to $5,000.

DUI – Prescription Drugs

Nevada’s laws about driving under the influence are included in Nevada Revised Statute (NRS) 484C.110. It is unlawful for any person to operate a motor vehicle on a publicly accessible road when he or she:

  • Is under the influence of a controlled substance (even if in accordance with a prescription)

The penalties for driving under the influence of prescription drugs can include fines up to $1,000, up to 6 months of jail time, and license revocation on a first offense. The penalties increase for each offense. If the DUI causes a serious accident, the charge becomes a felony carrying up to 6 years of prison time and a fine of up to $5,000.

DUI – 2nd And 3rd Offense

  • A second DUI conviction within 7 years of the first is considered a misdemeanor and carries a mandatory 10-day jail sentence.
  • A third DUI conviction within 7 years of the second is considered a category B felony and is punishable by a minimum of 1 years and a maximum of 6 years in prison and a fine of between $2,000 and $5,000.

Underage DUI

Nevada’s laws about juveniles convicted of driving under the influence are included in NRS 62E.640. There are special penalties and procedure when a juvenile is convicted of a DUI. Among other things:

  • A juvenile court is required to revoke the convicted minors driver’s license (if he or she has one) for a minimum of 90 days.
  • The Department of Motor Vehicles will require the juvenile to submit to certain extra tests when he or she tries to get the license reinstated.

Minor In Possession

Nevada’s laws about consumption and possession of alcohol by minors are included in NRS 202.020.

  • Minors who consume, purchase, or possess alcoholic beverages will be charged with a misdemeanor.
  • Conviction of alcohol possession will result in suspension of driver’s license privileges for between 90 days and 2 years.

Drunk Driving Accidents

Nevada’s laws on vehicular assault and vehicular manslaughter, the two most common charges arising out of drunk driving accidents, are included in Nevada Revised Statute (NRS) 484C.430. The penalties are described below.

Any person who:

  • Is under the influence of intoxicating liquor, or
  • Has a blood alcohol concentration (BAC) of 0.08 or more, or
  • Is under the influence of a controlled substance, or
  • Is found within 2 hours after operating a motor vehicle to have a BAC of 0.08 or above

And does anything to cause an accident in which someone is killed or seriously injured, will be charged with a category B felony (vehicular manslaughter, vehicular assault).

If convicted, individuals are subject to a penalty of a minimum of 2 years and a maximum of 20 years in prison and a fine of between $2000 and $5000.

Repeat DUI Felony

The laws concerning DUI defendants who have already been convicted of a felony DUI are included in NRS 484C.410. A felony DUI includes one in which death or serious bodily injury occurred or a third or more standard DUI conviction.

  • DUI conviction with a previous felony DUI conviction is considered an additional felony. It is punishable by a minimum of 2 and a maximum of 15 years in prison and a fine of between $2,000 and $5,000.
  • This law holds true if the offense for which the prior conviction came about occurred after the instant offense.

*Aggravating Factors

If the above offense occurs with a child under the age of 15 in the vehicle, the court considers it an “aggravating factor” in determining the sentence. These meaning sentences are more likely to be closer to the maximum.

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