LV Criminal Attorney regularly represents people charged with all types of crimes throughout Clark County and Southern Nevada, including DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE. Anyone facing criminal charges for DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE needs an experienced Las Vegas criminal defense attorney from LV Criminal Attorney to assist them. We can help by offering premium representation for any type of criminal charge— a misdemeanor or felony where the consequences for you are literally life or death.
The criminal attorneys at LV Criminal Attorney realize how terrifying it can be to have your liberty threatened. Our team of attorneys will fight for your freedom and protect your Constitutional rights throughout the court process. We will seek the best outcome possible for you based on the circumstances of your case.
A criminal conviction has long-lasting effects on your life. You will have many questions arise during your criminal case. Do not worry. We are here to answer those questions for you.
The experienced attorneys at LV Criminal Attorney can navigate the criminal justice system for you. And we will also serve as your partner through this challenging time as we guide you through all aspects of your criminal case.
An attorney from LV Criminal Attorney can be the legal advocate you need to achieve your desired results in a criminal case. We will work tirelessly to protect your freedom, Constitutional rights, and seek justice for those wrongly accused of a crime.
The criminal division of LV Criminal Attorney provides knowledgeable, expert advice, and competent representation for you.
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE Law in Nevada
The criminal attorneys at LV Criminal Attorney are experienced at representing clients facing charges of DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE in Clark County and Nevada.
In order to convict some of the crime of DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE, the DA must prove the following:
DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE: NRS Chapter 484C.110
A person who is in actual or physical control of a motor vehicle and is found to be under the influence of alcohol, has a concentration of .08 or more of intoxicating liquor in their blood or breath, or is under the influence of a controlled substance and is unable to safely exercise actual or physical control of a vehicle, is guilty of DUI. If the DUI conviction does not involve substantial bodily harm or death, the person is guilty of a misdemeanor. A person does not receive a citation for DUI. They are arrested and must spend a two-day minimum sentence in jail.
Controlled substances included doctor-prescribed, legal medications. It is no defense that a physician prescribed the medication.
When a person has more than one DUI conviction within seven years, the fines, penalties, and mandatory jail time increases. A third DUI conviction within seven years is a felony with a mandatory prison sentence. Once a person has a felony conviction for DUI, any subsequent DUI conviction will always be considered a felony.
If a person is arrested for a DUI involving substantial bodily harm or death, the person is automatically charged with a felony that is punishable by mandatory prison.
Regardless of the DUI penalties, there are also significant impacts on a person’s ability to operate a motor vehicle and obtain insurance. The person will also be responsible for hefty fines and overwhelming restitution.
HOW DOES THE COURT PROCESS WORK?
Initiation of Criminal Charges
In Nevada, criminal charges, including for DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE, are initiated when the Clark County District Attorney (DA) files a criminal complaint. When a person is arrested for a felony, the DA must file a criminal complaint for the criminal case to proceed. The Clark County DA files criminal charges for all cases occurring in Clark County. When criminal cases occur in other counties, the DA in that county files charges. LV Criminal Attorney will represent you in court all over the State of Nevada in your criminal case. We appear in Elko, Ely, Nye County, Washoe County, Carson City, and all of Nevada. We are here for you for whatever you need.
How People Are Charged with a Crime
Following arrest, the DA’s office quickly reviews the police report or what limited information it has at that time to determine whether there is even slight evidence that any crime was committed. If the DA even suspects that you have committed a crime, it will file a criminal complaint against you. The criminal complaint states and describes all the crimes the DA’s office thinks that you have committed. It is important to know that at the time the DA files the criminal complaint, it has not reviewed all the evidence, not reviewed witness statements, not talked with the police officers or witnesses, and does not know anything about the actual circumstances. The procedure for testing the evidence against the crimes charged comes later.
After You Are Arrested
The next step after you are arrested, and while the DA is getting the criminal complaint together to file, is that you will appear in court for a probable cause review. At this hearing, the court will consider your custody status and decide whether to release you on your own recognizance, meaning you get released without having to post bail, or release you with bail or house arrest. The court will also set the next court date for your initial arraignment on the criminal charges.
Your Custody Status
The attorneys at LV Criminal Attorney are here to protect your freedom. We can appear with you in court at your probable cause review and argue that you should be released from custody immediately with no bail and without court supervision. Depending on the alleged crime, other facts, and your circumstances, bail or house arrest may be required for people charged with DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE. The attorneys at LV Criminal Attorney are familiar with the legal standards the DA must meet before it can argue to keep you in custody. And we will work to secure your freedom so that you can fight the criminal charges without being away from your family, friends, or your attorney.
Initial Arraignment and the Criminal Complaint
After the probable cause hearing, you will then appear in court for your initial arraignment. At your initial arraignment, the DA must file the criminal complaint. You and your attorney will receive a copy of the criminal complaint. It lists and describes the criminal charges against you. The court sets a preliminary hearing. The date for when the preliminary hearing is scheduled depends on whether you are in or out of custody.
The Preliminary Hearing
The preliminary hearing is a hearing where the DA must show the justice court that it has slight or marginal evidence that a crime was committed, and you were the one who committed it. The DA must show this to move forward with prosecuting you. At the preliminary hearing, the DA will call witnesses and your attorney will cross-examine those witnesses. The court will decide whether there was slight or marginal evidence. If the DA has not shown that there was slight or marginal evidence, the court must dismiss the case against you. If the DA shows slight or marginal evidence, your case will be bound over to the District Court and set for a jury trial.
After the Preliminary Hearing
If the justice court sends your case to the district court, the DA will file an information listing the charges against you and the witnesses to the case. You will enter a not guilty plea and decide whether to invoke your right to a speedy trial. If you are still in custody, you can again address your custody status. Your case will be set for a jury trial. At that point, your attorney will file motions challenging the evidence, investigate your case, interview witnesses, obtain experts, and meet with you to discuss your case, strategy, and potential resolution. You may want to take a plea deal, or you may choose to go to trial.
Experienced attorneys who are always by your side
The experienced Las Vegas criminal defense attorneys at LV Criminal Attorney will provide you with a skilled attorney experienced in all matters of criminal defense, including DRIVING UNDER THE INFLUENCE OF ALCOHOL OR A PROHIBITED SUBSTANCE. Our attorneys understand that each client’s situation is unique. While many cases require aggressive litigation all the way through trial, others require a savvy ability to be able to negotiate the best deal possible. Our criminal defense attorneys are familiar with court procedures, rules of evidence, available defenses, and are experienced trial attorneys. Let the Las Vegas criminal defense attorneys at LV Criminal Attorney provide you with the experienced, aggressive representation you need. Call us at 702-565-4335 to schedule a confidential consultation with a Criminal Defense Attorney.