DUI violations in Nevada are taken very seriously.  By statute, Nevada has some of the toughest laws in the country regarding DUI penalties.  Here are the possible penalties for 1st, 2nd and 3rd offenses:

1st offense

- A misdemeanor. Up to 6 months in jail, a fine imposed by the court up to $1000, attendance at the DUI school, the Victims Impact Panel, and revocation by the DMV of your driver’s license for a period of 90 days.

2nd offense (within 7 years)

- A misdemeanor. Up to 6 months in jail, a fine imposed by the court up to $1000, attend a program of treatment for the abuse of alcohol or drugs, and revocation by the DMV of your driver’s license for a period of one year.

3rd offense (within 7 years)

- A category B felony punishable by a sentence of imprisonment in the Nevada State Prison for not less then 1 year nor more than 6 years, a fine imposed by the court up to $5000, attendance a the Victims Impact Panel and revocation by the DMV of your driver’s license for a period of three years.

Although there may be many defenses, there are three main points of attack when defending a DUI arrest.  First is the initial “stop” by the Officer.  Legally, did the Officer have a right to stop your vehicle?  Second is to attack the FSTs (Field Sobriety Tests) that may or may not have been administered.  The Officer who evaluates you (on a very subjective basis) during the FSTs must adhere to strict guidelines, if the Officer deviates from these standards, it may be possible to exclude the tests and the results thereof.  And third is to evaluate the results of the blood or breath sample taken.  There are many statutes that must be followed, if they are not, it may be possible to exclude the results of the blood or breath sample taken.