DUI Laws in Las Vegas, Nevada

Las Vegas DUI Law And Penalties

Before you consider partying in Vegas, it is best to familiarize yourself with the current Nevada DUI laws.

1. Blood Alcohol Content (BAC)

If you have a blood alcohol level of .08 or over, you are considered to be legally intoxicated and can be charged with a DUI. The average person will exceed the BAC after just one or two drinks, depending on their weight and what they are drinking. For drivers under the age of 21 years, the BAC drops to 0.2.

BAC content is determined by a chemical test (normally a blood test). In Las Vegas, an implied consent law exists meaning that you cannot refuse to take a chemical test to confirm your BAC. If you do refuse, an officer may use reasonable force to perform the necessary blood test.

2. Misdemeanor Charge

A DUI charge is a misdemeanor in the State of Nevada. However, this does not mean that severe penalties will not ensue if you have been charged. The severity of each penalty increases with each consecutive DUI charge within a 7 year period.

First Offence – Jail time of between 2 days and six months and/or a fine of between $400 and $1000. Alternatively, community service of between 24 and 96 hours. Jail sentences are normally suspended for a six month period and the average fine is $600. Your license may also be suspended for a period of up to 90 days. Court costs, attendance of an alcohol awareness program, alcohol or drug dependency evaluation and a civil penalty fee may also apply.

Second Offence – Jail time between 10 days and 6 months. Jail time is seldom suspended for second time offenders but the sentence may be for residential confinement. Fines of between $750 and $1000 as well as court costs, alcohol or drug dependency evaluation, substance abuse program and civil penalty fee. License suspension of up to 1 year or a revocation.

Third Offence – Prison time between 1 and 6 years plus a fine of between $2000 and $6000. 3 years suspension of drivers license or revocation. Alcohol and drug evaluation as well as Victim Impact Panel. Las Vegas DUI law includes the installation of a Nevada Breath Interlock Device in the driver’s vehicle for a period of between 12 and 36 months after release from prison.

Additional penalties may apply for first and second time offenders who have a BAC exceeding .18. Evaluation and treatment for drug and alcohol abuse may be ordered as well as the installation of the Nevada Breath Interlock Device for 12 to 36 months.

3. Felony Charge

Felony charges will ensue if a legally intoxicated driver caused an injury or death to another person while driving under the influence. These charges are a category B felony and are far more serious in nature and may result in sentences that include:

– between 2 and 20 years in a state prison.
– fines ranging between $2000 and $5000.

Vehicular homicide, where death to another person results from the actions of intoxicated driver who has 3 DUI charges, will result in a 25 year or lifetime prison sentence. This is a category A felony and possibility of parole will only be considered after 10 years.

If your are charged with a misdemeanor or felony under Las Vegas DUI law, it is highly recommended to seek legal advice and representation immediately. Offenders may under some circumstance plead to a lesser offence and could also received reduced sentences if they receive expert legal representation.

To avoid the above mentioned penalties, it is best just not to drink and drive in the state of Nevada.

Tips On Estate Planning in Las Vegas

Six Tips and Pointers On Estate Planning in Las Vegas, Nevada

The National Association of Estate Planners and Councils stated that over one hundred and twenty million Americans to not have estate plans that will protect not only themselves, but also their families in the event of illness, an accident or death that are up to date.

An estate plan that is carefully conceived could be one of the most important gifts that you could give to yourself and to those you love. Having an up to date estate plan will provide your loved ones with a clear direction as to what you wish and, give you peace of mind. If you are needing estate planning in Las Vegas, Nevada, here are a few tips and pointers that will help you with the process:

1. Make a Will

When planning your estate in Las Vegas, it is important to write a Will. This will guarantee that your assets are distributed to your loved ones or other beneficiaries in the way you intend them to be. If you do not have a Will, then state law will determine what will happen to your property, which may lead to property being distributed in a manner that you do not want. A Will also allows you to place particular conditions on your assets, for example holding assets for your children in trust until they reach a certain age.

Parent should also name a guardian in their Will. This is who will be in charge of their minor children should both parents have something happen to them. If there is not this provision added to a Will, a guardian will be appointed for the children by the court.

2. Decide How To Distribute Your Individual Assets

The importance of this step is huge, never assume that your family and friends will be able to sort things out on their own. You should opt to openly discuss the subject with those who are involved, let them know it is your wish to leave them something of sentimental and monetary value. This is a great way to avoid any unnecessary misunderstanding and to make sure that your well earned and treasured possessions end up where you wish them to go.

3. Beneficiary Designations Should Be Reviewed and Updated

In the sense that the designated beneficiaries will directly inherit these assets, regardless of what is stated in your Will, you can consider retirement plans, life insurance policies and and payable-on-death accounts to be contracts. Make sure that after any major life event, such as marriage, divorce, etc. that all your beneficiary designations are updated in the manner that you wish, or it could lead to your ex spouse receiving all of your assets in the event of your untimely demise.

4. Choose an Estate Executor Who Is Qualified

An executor will be the one responsible to make sure that your debts are paid and that you assets are distributed according to your Will. For many people, the most obvious choice is their husband, wife or their first born child, there are however other options that you may want to take into considertaion, especially if the process of settling your estate is likely to be complicated or lengthy. A professional executor, for example, a certified public accountant or any other trusted advisor, could have more experience in administering an estate, there is also the benefit of them being impartial when they distribute your assets.

5. Your Family Should Know Where You Keep Your Vital Documents

Preparing a list that states where all assets and important documents are stored is a good idea. Make sure to include birth, marriage and death certificates, particularly of spouses, children and others who may inherit as well. Important financial records such as insurance policies, stock certificates, retirement statements etc. should also be included. Your executor should have the names of your accountant, attorney, stockbroker and any other of your advisors.

6. The Annual Gift Tax Exclusion Should Be Maximized

In order to minimize any estate costs in the future, making an annual tax free gift of $13,000 to any amount of people is a good idea. A couple is able to give a combined gift of $26,000 to each person receiving. On top of the that, the future appreciation on the assets gifted can be transferred away from your estate.

These are just a few tips and pointers to keep into consideration when making your estate plan in Nevada. By making sure that everything is written out, up to date, and properly explained to those involved, you can rest assured that if anything were to happen to you, the process for those you love will be much simpler.

Las Vegas Child Custody Attorney – Finding the Right one

Finding The Right Las Vegas Child Custody Attorney

Your kids are the most important things in your life. Don’t let a Divorce or Legal Separation affect the time you can spend with your kids, or your rights as a parent. Finding the right Las Vegas child custody attorney at a time of separation and flux is crucial if you want to maintain your rights as a parent, and your timeshare with your kids. When looking for a Nevada Divorce attorney or a Las Vegas Child Custody attorney if you are not married, you want to find someone who has extensive experience in child custody litigation in Nevada, and has been practicing family law litigation for at least ten (10) years.

Many of the issues in child custody can be complex. In Nevada, the Court looks at the “best interests of the children” as the primary standard in setting a custody designation between parents. The court will also look at a number of factors enumerated under Nevada’s statutes when making child custody determinations. In fact, Nevada’s Assembly Bill 263 just modified the standards again in child custody litigation with the focus being on the best interests of the minor children. Assembly Bill 263 indicates that a joint physical custodial designation is the preferred custody designation in child custody litigation.

Some factors that courts use in making a child custody determination can be found under Nevada Revised Statutes, section 125.480 and include the following:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.
(b) Any nomination by a parent or a guardian for the child.
(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
(d) The level of conflict between the parents.
(e) The ability of the parents to cooperate to meet the needs of the child.
(f) The mental and physical health of the parents.
(g) The physical, developmental and emotional needs of the child.
(h) The nature of the relationship of the child with each parent.
(i) The ability of the child to maintain a relationship with any sibling.
(j) Any history of parental abuse or neglect of the child or a sibling of the child.
(k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
(l) Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.

However, though these factors are required to be looked at by the courts, the court will also take into consideration several other factors as well. Things such as how far the parents live from each other and the children’s schools are looked at because if one parent is an hour from the children’s school, will that parent be able to get the children to the school? Courts will also look at what are the work schedules of each parent and when are their days off? If a parent is working all the time, or traveling for their job, are they available to care for the children as much as the other parent? If parents have different days off it is easier for the court to award a shared custody arrangement. What if a parent works the graveyard shift? Who will be there to watch the children during the night while the children sleep? There is actually an inexhaustible list of factors and the court can really consider anything that is relevant at all to a particular case. Each case is also distinct and different from every other case.

Therefore, when choosing a Las Vegas Child Custody Attorney one should make their decision carefully, because choosing the wrong lawyer could cost you your kids. If you are looking for a Nevada Attorney to handle this type of issue for you, we recommend checking out dwp-law.com.