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.
Nevada DUI Attorney
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.

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.

Las Vegas Child Custody Attorney
Las Vegas Child Custody Attorney

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.