Reno DUI Attorneys
Approachable and Energetic Trial Lawyers with Nearly 20 Years of Experience
If you have been arrested for driving under the influence, the most important step to take is to reach out to an experienced attorney. DUI charges could result in jail time, fines, and license suspension, but an effective defense in court can help to combat these penalties and the consequences on your criminal record. Attorney Richard P. Davies has been practicing law for nearly 20 years, and he leads an approachable and energetic team of attorneys prepared to fight for mitigated or even dismissed charges on your behalf.
In Nevada, it is illegal to operate a motor vehicle while with a blood alcohol concentration (BAC) of .08% or more within 2 hours of driving (referred to as a “per se” DUI) or while under the influence of drugs or alcohol such that they are impaired to a degree that they cannot safely drive. Note that the BAC threshold is lowered for commercial drivers to .04% or more and for drivers under the age of 21 to .02% or more.
Be aware that it is illegal not only to drive or operate a car while under the influence, but it is also illegal to merely be in “actual physical control” of a car while under the influence. This means the vehicle does not need to be in motion to constitute a DUI charge. Factors a judge or jury may consider when determining whether an intoxicated driver was in actual physical control of a vehicle include:
- whether the vehicle was running;
- where the ignition key was located;
- where and in what position the driver was found in the vehicle;
- whether the driver was asleep or awake;
- whether the vehicle's headlights were on;
- whether the vehicle is located on public or private property; and
- whether the vehicle was stopped in the road or legally parked.
However, under the “sleeping-it-off” defense, a driver is not considered to be in actual physical control of a vehicle if all of the following apply:
- the driver was asleep in the car;
- the driver was not in the driver's seat;
- the engine of the car was not running;
- the car was legally parked; and
- the driver could not have driven the car to where it was found while under the influence.
Penalties and Sentencing
The penalties for DUI in Nevada depend on the severity of the case and how many prior convictions the defendant has, if any at all:
- 1st offense – up to 180 days in jail (mandatory minimum of 2 days); at least $400 in fines; at least 185 days of license revocation; 185 days of ignition interlock device (IID) use if BAC less than .18%, 1-3 years if BAC over .18%
- 2nd offense – up to 180 days in jail (mandatory minimum of 10 days in jail or home confinement); at least $750 in fines; 1 year of license revocation; 185 days of IID use if BAC less than .18%, 1-3 years if BAC over .18%
- 3rd offense – 1-6 years in prison; at least $2,000 in fines; 3 years of license revocation; 1-3 years of IID use
Defendants could also face further periods of license suspension if they violate Nevada’s implied consent laws. These laws specify that all drivers lawfully arrested for a DUI are required to submit to a blood, urine, or breath test; refusal will result in an additional 1 year of license revocation for a 1st offense or 3 years for a 2nd or subsequent offense. For the purposes of determining subsequent refusals, all prior DUI convictions, refusals, and failed BAC tests (showed a BAC of .08% or greater) within the past 7 years are counted.
Time is of the essence in DUI cases, and it is critical that the first thing you do after arrest is contact an experienced attorney. We can take a look at your situation and help you craft a unique defense against your DUI charges, whether this is your first or subsequent charge. The sooner you reach out to us, the more available evidence we have to work to your advantage.
Approachable & AvailableWe are always ready to make ourselves available when you need us, and pride ourselves on our approachability and empathy during tough legal situations.
We create a comfortable atmosphere for every client, tailoring a specific approach for each case depending on the details.
Experience & KnowledgeWith nearly 20 years of experience, you can count on our firm to confidently and aggressively represent you and your case.
A Nationally Recognized Trial Lawyer
Attorney Davies is recognized as a Top 100 Trial Lawyer. No matter how complex your case is, you can count on our firm to get you the best possible outcome.
You can count on the legal team at Richard P. Davies, Esq. to fight for your rights and guide you through tough legal situations. Schedule your free consultation today!
“I will be returning my business if ever need be, you always have a customer in me.”
“Thank you so much again Mr. DAVIES hopefully, I don't have to see you again, but if it happens I know who I'm running to!!!”
“I would highly recommend Mr. Davies and his team. He is well connected, straightforward, patient, and always responds quickly.”
“He was insightful and helpful. He spent 15 minutes with me answering multiple questions and scenarios. I can’t tell you how helpful that was in explaining the process and having some bit of clarity.”
“He helped me immensely. I have never been in trouble with the law before. He walked me through the entire process and stayed with me all the way. I highly recommend Mr. Davies!”