If you’re charged with DUI or DWI, you’ll want a reputable law firm in your corner. A skilled DUI or DWI Lawyer will help you navigate the legal system, ensuring you receive the right to a fair trial.
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When to Call a DUI Defense Lawyer
While you can’t easily tell from driving around the Valley, “Las Vegas” is actually made up of three separate and independent cities; The City of North Las Vegas, The City of Las Vegas, and The City of Henderson. Odds are you couldn’t even tell when you left one and entered another. However, if you’ve been charged with a DUI in Henderson, how you handle can be quite different.
Serving as the City of Henderson’s attorney for many years, in 1988, John Marchiano opened his criminal defense practice to serve the citizens of Henderson. Marchiano Law offices are conveniently located right next door to the Henderson Courts and Jail.
Appearing in Court
If you are charged with or arrested for a misdemeanor DUI or DWI in Henderson, your case will fall under the Henderson Municipal Court. If your case can be considered a gross misdemeanor or felony, it will be heard in Henderson Justice Court. Both courts are located at 243 South Water Street, Henderson, NV 89015. The Henderson Detention Center is at 18 E. Basic Rd. Henderson, NV 89015
How can I be charged with a DUI or DWI?
When an individual obtains a driver’s license in Nevada, they agree to conform to the implied consent laws. This means that if you are pulled over for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI), you must agree to have your blood, breath or urine tested to determine the blood alcohol content (BAC).
If you refuse to submit to the test or fail the test, law enforcement will revoke your driver’s license. You will be issued a temporary license that is valid for a period of seven days from your date of arrest.
Anyone found driving the Henderson streets with a BAC of .08 or greater may be arrested and charged with a DWI or DUI offense. Commercial drivers could face DUI charges if their BAC level is .04 or higher. Drivers under the age of 21 can be charged with a DUI offense if their BAC level is between .02 and .08 percent.
Penalties for a DUI offense in Henderson
Anyone who is convicted of a first-time DUI offense in Nevada could face the following penalties:
• License Revocation—Your driver’s license will be revoked for 90 days. However, you may be eligible to apply for a restricted license after 45 days allowing you to drive to and from work.
• Jail Time—The amount of jail time can range from two days up to six months, or you may be sentenced to perform 96 hours of community service instead of jail time.
• Fines—The fine amount can range from $400 to $1,000.
• Education—Complete a Nevada DUI school alcohol awareness program at your own expense.
• Treatment Program — You may be ordered to attend a substance abuse treatment program depending upon your BAC level at the time of arrest.
• Ignition Interlock Device—If your BAC was .18 or higher at the time of arrest, you may be ordered to install an ignition interlock device in your vehicle for 36 months. If it was less than .18, the court might order you to install the device for 3 to 6 months. In addition to the above penalties, you may be required to attend additional classes or programs.
DUI Convictions Involving Injuries or Death
If you have been charged with a DUI offense involving serious bodily injuries or death to another person, you will be facing much more severe charges. This is categorized as a Class B felony offense, which carries the following penalties:
• Prison Time—You will be facing a minimum term of 2 years in state prison to not more than 20 years.
• Amount of Fine—The fine will range from at least $2,000 up to $5,000.
• License Revocation—Your driver’s license will be revoked for three years. You can be charged with vehicular homicide if you cause the death of another person while driving under the influence and you have three prior DUI convictions. This Class A felony offense carries possible incarceration in a Nevada state prison for 25 years to life, with the possibility of parole after serving a minimum of 10 years.
Get Legal Help From a Henderson and Las Vegas, NV DUI Attorney
The penalties for a DWI or DUI conviction in Nevada can be extremely harsh. Therefore, it is imperative to hire a Henderson DUI Attorney who is experienced in defending DUI cases. It is up to the prosecution to prove that you are guilty of the offense. Criminal defense attorneys that specialize in DWI and DUI cases are often successful at getting the charges reduced to a lesser offense.
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