There are two terms that you may be familiar with when it comes to driving under the influence or drunk driving: driving under the influence (DUI) and driving while intoxicated (DWI). These terms are used interchangeably in many states, including Nevada. However, in Nevada, there are significant legal distinctions between DUI and DWI. As a law firm, we want to provide clarity on these distinctions to protect our clients’ legal rights.
Legal definitions of DUI and DWI in Nevada
In Nevada, both DUI and DWI refer to the crime of operating a motor vehicle while under the influence of drugs or alcohol. However, the legal definitions of these terms differ. DUI, or driving under the influence, is defined as operating a vehicle with a blood alcohol concentration (BAC) of .08 or higher, or under the influence of legal or illegal drugs. DWI, or driving while impaired, is defined as operating a vehicle with a BAC between .02 and .08. Often, DWI charges involve drivers under the age of 21 or commercial drivers.
Penalties in Nevada
The penalties for DUI and DWI in Nevada differ significantly based on the legal definition of the charge. For a first offense DUI in Nevada, penalties may include up to 6 months in jail, fines up to $1,000, license suspension up to 185 days, and mandatory alcohol education classes. For a first offense DWI, penalties may include up to 6 months in jail, fines up to $1,000, license suspension up to 90 days, and mandatory alcohol education classes. The penalties increase in severity with each subsequent offense.
Legal defenses in Nevada
There are legal defenses for both DUI and DWI charges in Nevada. These defenses may include improper police procedure, inaccuracies in BAC testing, or evidence that the driver was not impaired. However, each case is unique, and it is essential to consult with a licensed attorney for advice on legal defenses based on the specific circumstances of your case.
The role of law enforcement officers in DUI and DWI charges
Law enforcement officers play a pivotal role in DUI and DWI charges in Nevada. They are responsible for conducting traffic stops, administering field sobriety tests, and determining whether there is reasonable cause to make an arrest. Understanding their procedures and your rights during a traffic stop is crucial in defending against DUI and DWI charges.
The importance of legal representation in DWI and DUI cases
DUI and DWI charges bring significant legal consequences in Nevada. Therefore, it is crucial to seek legal representation in these cases. A licensed attorney can provide legal advice, determine appropriate legal defenses, and represent you in court.
Knowing the legal distinctions between DUI and DWI in Nevada is essential for protecting your legal rights. If you are facing DUI or DWI charges, it is important to seek legal representation to ensure the best outcome for your case. Our experienced team of legal professionals is here to help. Contact Richard P. Davies today.