We Are Answering Some Commonly Asked Questions about Nevada’s Gun Laws

With some new changes coming to Nevada’s gun laws in 2020, we are answering some frequently asked questions about firearms laws in the state.

 

 

How Are Nevada’s Gun Laws Changing in 2020?

Beginning on Jan. 1, 2020, an amendment to Assembly Bill 291 added what is popularly known as a “red flag law.” This allows a person’s family or household members to request that a court temporarily prohibit someone from accessing firearms based on concerns that the person poses a threat to themselves or others.

In addition to the new red flag law, Nevada is also closing the gun show loophole in 2020. The “gun show loophole” allowed private sales of firearms without the need to be a licensed firearms dealer or run a background check on the purchaser. Now, nearly all private gun sales will require a state background check run by a federally licensed firearms dealer.

How Strict Are Nevada’s Gun Laws?

Nevada’s gun laws are not as strict as some other states’ laws. For example, a person is not required to obtain a permit to purchase a rifle, shotgun, or handgun, or to possess a firearm. No permit is necessary to “open carry” a firearm in Nevada.

Nevada does require a permit for any person who wishes to “concealed carry” their firearm. Anyone conceal carrying a firearm in Nevada without a proper permit can be charged with a category C felony. However, Nevada is a “shall issue” state, meaning the county sheriff shall issue a concealed carry permit to any applicant who qualifies for the permit under state and federal law.

Does Las Vegas Allow Open Carry?

Nevada law does permit open carry of firearms without a permit in public, except where possession of firearms is otherwise prohibited by state or federal law, such as in:

• Airports (past security)
• Childcare facilities
• Schools
• Legislative buildings
• Post offices
• VA facilities
• Federal buildings
• Military bases
• Hoover Dam

Can a Non-Resident Carry a Gun in Nevada?

A non-resident may open carry a firearm in Nevada subject to the state’s open-carry laws. A non-resident may also conceal carry a gun in Nevada provided they have a concealed carry permit from a state in reciprocity with Nevada (meaning that state recognizes Nevada’s concealed carry permits in their state, and Nevada in exchange recognizes that state’s concealed carry permits in Nevada).

Can You Keep Your Gun in a Glove Box?

A person may keep their gun in the glove box of their vehicle, even if they do not have a concealed carry permit. A person without a concealed carry permit must keep their firearm visible while in their vehicle only if they are carrying the firearm on their person.

Can You Bring a Gun Into a Casino?

While it is legal to open carry a firearm into a casino or to conceal carry a firearm with proper permits, casinos have the right to ask you to either leave or disarm yourself if they discover you are armed, and most casinos will do so. It is not illegal to refuse to disarm yourself. However, if you are asked to leave because you are armed and refuse, you can be arrested for trespassing.

Do I Have to Register My Gun?

Registration of rifles, shotguns, or handguns is not required in Nevada.

How to Get a Concealed Firearm Permit

A person who wishes to obtain a concealed carry permit in Nevada must take a training course approved by a county sheriff prior to filing a permit application. The sheriff must issue a permit to any applicant who is qualified to possess a firearm under state and federal law. An applicant is qualified for a concealed carry permit if they are 21 years old or older and not a felon, fugitive, drug addict, adjudicated mentally ill person, undocumented immigrant, or convicted of a crime of domestic violence.

If you have questions about Nevada’s gun laws or have been charged with violating Nevada’s gun laws, contact the criminal defense attorneys of Adras & Altig today.

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Domestic Battery Cases Increase During Coronavirus Pandemic

We are living in unprecedented and uncertain times. The COVID-19 (coronavirus) pandemic has had enormous consequences on daily life, closing nightlife and recreation even in the nation’s entertainment capital. Las Vegas has been severely affected. With The Strip closed, many of our residents are out of work. Over 150 Nevadans have been killed by the virus.

The many stressors have ramped up tensions, even in healthy relationships. You may find yourself snapping when you don’t mean it, or arguing over small things. This context is ripe for hurt feelings.

In this situation, scared and stressed individuals may falsely accuse someone of domestic violence in order to settle a score. A domestic violence charge, however, can impact you for life.

If you’ve been accused of domestic violence in Las Vegas, you’re entitled to a thorough legal defense. At Adras & Altig, Attorneys at Law, our lawyers will treat you with the same care we would a family member. Don’t wait to begin the process of clearing your name. Contact Adras & Altig today.

What Are the Domestic Violence Laws in Las Vegas?

The main domestic violence law in Nevada is NRS 200.485. Under that statute, domestic battery is defined as “willful and unlawful use of force or violence upon the person of another.”

The law is purposefully broad. It encompasses any violence rather than defining the crime narrowly. Harmful behavior from slapping and biting to kicking and poisoning can be considered domestic battery.

Because the definition of domestic battery is so broad, it’s important to contact an attorney as soon as possible if you are accused of it. You may not have intended to hurt your partner or family member. That doesn’t matter under the law. You can still be charged with a serious crime.

At Adras & Altig, we’ll ask you to share all the details of your situation with us. We want to build a convincing case on your behalf, so that your charges are ultimately dismissed and you’re able to move on with your life. All your information is kept private and confidential. We’ll have a much better chance of helping you move on if you contact us soon, and give us as much information as possible to work with.

How ‘Sheltering in Place’ Affects Domestic Violence

COVID-19 and domestic violence may seem like unrelated problems. What does a disease have to do with intimate partner violence? Unfortunately, major news outlets have reported that stay-at-home orders, like “Operation Nevada,” are exacerbating existing domestic violence situations.

“Movement restrictions aimed to stop the spread of the coronavirus may be making violence in homes more frequent, more severe and more dangerous,” The New York Times reports. We’re all sacrificing our movement to ensure the safety of our state. But no individual should sacrifice their personal safety to stay at home.

In the event that you or someone you know is stuck in an unsafe domestic situation, contact the authorities. There are Nevada state laws meant to protect victims of abuse. Organizations exist to find housing and other support for those who need it.

Keep in mind, however, that not all personal conflicts rise to the level of domestic abuse. Sometimes, people in difficult relationships will accuse their partner of abuse in order to punish them. Former partners may report their ex to the police to get back at them after the breakup. In these situations, you need a domestic abuse defense attorney to help protect you from consequences, including jail time.

Can I Get Arrested for Domestic Violence During Coronavirus in Las Vegas?

If you’re wondering whether a domestic battery charge can be brought during the current lockdown, the answer is yes. Even though many emergency services are focused on public health, police are still enforcing the law and responding to domestic violence complaints. That means that you may still face arrest and its consequences if you cause violence in your home.

Domestic violence during the coronavirus is really no different from any other time. It can result in penalties, including jail time, community service, and fines. You can face misdemeanor charges for your first and second charges. If you are charged for a third time, a domestic battery conviction can result in a felony, from one to five years in prison, and up to $10,000 in fines.

If you’re in an unstable relationship and think your partner may accuse you of domestic violence, you may need to take steps to separate from them. That can be difficult given the stay-at-home orders, but your own safety and freedom may depend on it. If you are charged with domestic battery, our experienced attorneys at Adras & Altig can defend you.

What to Do If I Am Charged with Domestic Violence During the COVID-19 Crisis

If you face charges for domestic violence crimes, the best thing you can do is contact and hire a competent lawyer. In the meantime, here are some simple tips to remember.

• Keep your emotions under control. Reacting angrily or arguing with the arresting officer may result in more charges and damage your defense.
• Remember your rights. As a Nevada resident, you have the right to avoid self-incrimination and the right to remain silent. Use them! Don’t talk to a prosecutor, police officer, or any other authority figure more than you have to. Staying silent does not mean you think you’re guilty.
• Contact a lawyer as soon as you can. You have the right to hire an attorney to help mount your defense. Lawyers know how the law works and can defend you from unfounded accusations.

Contact Our Domestic Violence Defense Attorneys

If you’ve been accused of domestic abuse and are facing domestic violence charges, you need a knowledgeable criminal defense attorney. At Adras & Altig, we really care about our clients and believe they deserve a defense tailored to them. You’re not just a case number to us. You’re a person who deserves every chance at freedom.

We’ll work together with you to build a convincing defense on your behalf. We want results for you. Call us today to schedule a free case evaluation.

 

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Are DUI Checkpoints Unconstitutional?​​​​​​​

It’s no surprise that many people who visit or live in Las Vegas like to take advantage of all the city has to offer. They eat. They gamble. They drink. 

That last point can be a problem when the person also gets behind the wheel of a car. This is why sobriety checkpoints are so common in Las Vegas. You have rights, even when you’ve been stopped at a DUI checkpoint.

If you see flashing lights and a sign ahead of you, you may wonder, are DUI checkpoints legal? It could be tempting to just drive through or refuse to cooperate. Even if you haven’t had anything to drink that day, you may feel nervous about how they work.

At Adras & Altig, we don’t want anyone to drive under the influence of alcohol or drugs, but we’re prepared to defend you if you’ve been accused of doing so. You deserve qualified representation and good advice. There are some things you should know about Las Vegas checkpoints. Here are the basics.

Nevada DUI Checkpoint Laws

Like the rest of the country, Nevada is bound by the U.S. Supreme Court decision that made sobriety checkpoints legal nationwide. The federal case is known as Michigan Department of State Police v Sitz. Nevada has also instituted its own DUI checkpoint laws.

According to Nevada law NRS 484B.570, “police officers in this State may establish, in their respective jurisdictions, administrative roadblocks upon the highways of this State for any lawful purpose….”

In layman’s terms, that means that police can set up roadblocks as DUI checkpoints in Las Vegas. Area law enforcement agencies frequently choose to do so. It may feel like you’re being asked to stop for no reason, but Nevada state and federal laws say that you have to comply.

Sobriety Checkpoints & the Fourth Amendment

When you ask yourself, “Are DUI checkpoints legal?” you’re joining a large crowd. In fact, it’s something that legal scholars and constitutional experts debate to this day.

Despite 30 years of precedent, many drivers continue to believe that sobriety checkpoints should be unconstitutional. Some people think that the Fourth Amendment of the United States Constitution should protect Nevadans and all citizens of the United States from DUI checkpoints.

The Fourth Amendment protects Americans from unreasonable searches and seizures. People who focus on constitutional law argue that blanket stops like DUI checkpoints are unreasonable, and therefore should be excluded by the Fourth Amendment. In 1990, the Supreme Court disagreed. That’s why you can expect that sobriety checkpoints on Las Vegas roads will continue unless and until the court revisits the issue.

Penalties for Refusing or Driving Through a Checkpoint in Las Vegas

It’s probably not a good idea to bet on the Supreme Court overturning its precedent in time for you to skip a checkpoint. Nevada DUI checkpoint law institutes specific penalties for refusing or driving through the barrier. NRS 484B.580 makes it illegal to drive through a checkpoint in Nevada. You could be charged with a misdemeanor or felony for doing so, depending on whether you injure anyone in the process.

Speeding through a police barrier is a pretty extreme choice. You may think it would be better to just refuse a breathalyzer or field sobriety test. Unfortunately, that may backfire too.

NRS 484C.150 states that you give your implied consent when you get behind the wheel. You can lose your license for refusing, just like you would for being found guilty of driving under the influence. It’s safer to cooperate and contact a criminal defense lawyer to help defend you from the drunk driving allegation.

At Adras & Altig, we can defend your rights and help you keep your license.

What Are My Rights During a Field Sobriety Test?

You don’t lose all your rights just because you’re stopped at a checkpoint and the police administer a field sobriety test. You still have the right to not incriminate yourself, to remain silent, and to get a lawyer.

It’s important to cooperate with authorities to the extent required by law. You need to identify yourself by providing your license. Resisting or reacting violently will only result in additional, more serious charges. Instead, be polite, but remember your rights.

You should cooperate with the field sobriety test, but you don’t have to answer questions. If they ask if you’ve been drinking or smoking marijuana, you don’t have to answer. Instead, keep quiet and ask to call a lawyer.

If you didn’t drink but used prescribed or illegal drugs, you can still be charged with a DUI. Local outlet Fox 5 Vegas has reported that Nevada authorities are treating driving high with the same seriousness as drunk driving.

When you are stopped at a checkpoint, you can and should expect respect. The officers can’t act in a racist, sexist, or otherwise illegal manner. If they behave in any unprofessional manner you have the right to;

• ask the officer for their name and badge number
• you can also record them with your cell phone

Just remember to keep calm and behave respectfully.

Know When to Call a Las Vegas DUI Lawyer

It’s important to protect your rights after you’ve been accused of driving under the influence. After you’re stopped at a Vegas DUI checkpoint, call a qualified Nevada DUI lawyer, like ours at Adras & Altig.

If the officers violated your civil rights or inappropriately accused you of DUI despite your sobriety, we can mount a vigorous defense on your behalf. We’ll investigate your arrest and explore ways we can reduce your charges or even get them dropped. Field sobriety tests are debated by legal experts because some people consider them unfair. We’ll do everything in our power to defend you from unmerited charges.

If you’ve been stopped at a Nevada DUI checkpoint and need a qualified, thoughtful lawyer, we’ve got you covered. The respected attorneys at Adras & Altig want the best for our clients, and we know that you’re more than just a case number or a paycheck. As a firm, we work together as a team to ensure the best results for our clients.

Call us or contact us online now for a free case evaluation. Be sure to read our last blog about a special offer on misdemeanor fees here.

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Adras & Altig Offering Misdemeanor Fees of Only $1000 Through April

Many people in Nevada’s tourist industry are suddenly out of work and facing financial stress since the Nevada governor ordered the closure of hotels, casinos and non-essential businesses in Las Vegas for 30 days to prevent the spread of the Coronavirus (COVID-19). The Las Vegas Strip is dark for the first time in more than 50 years.

The Las Vegas criminal defense attorneys at Adras & Altig are sensitive to the fact that many people are experiencing financial hardship during these uncertain times. Some people who are facing financial hardship also are facing criminal charges and need a lawyer’s help.

Adras & Altig has decided to reduce the standard legal fee that the law firm charges to handle misdemeanor charges through the end of April. The coronavirus is a serious public health threat and is affecting all of us. The fee reduction is an acknowledgment of the financial hardship that many people in Las Vegas and Clark County are facing.

We are offering $1,500 off of our normal fees to represent clients facing a Las Vegas misdemeanor charge. During this stressful time, we will handle a misdemeanor charge for a flat fee of $1,000 rather than the normal fee of $2,500, a significant discount. You should not have to worry about criminal defense costs and how to afford a lawyer with so much else weighing on you.

In keeping with the public health directives to minimize public interaction, we are offering free initial consultations by phone or video chat to protect our clients and our staff from exposure to the coronavirus. We want to do everything within our power to help those in need and to contain the virus.

Discounted Legal Fees for Handling Misdemeanor Charges

Common types of misdemeanors in Nevada that our attorneys handle include:

• Traffic tickets
• Drunk driving
• Shoplifting
• Petty larceny
• Trespassing
• Solicitation of prostitution
• Breach of peace
• Simple battery
• Stalking
• Violation of a restraining order

We are committed to helping those who need the services of a criminal defense lawyer to resolve a misdemeanor charge. We totally understand that there are two sides to every criminal charge. Police rarely have all the facts when they make an arrest. You need a hardnosed criminal defense attorney to make sure your side of the story is heard. For a limited amount of time, that’s why our criminal defense lawyers at Adras & Altig are handling misdemeanor cases for a reduced fee.

Why Should You Hire an Experienced Criminal Defense Lawyer for a Misdemeanor Charge?

The experience and determination of the misdemeanor lawyer that you select can make all the difference in the outcome of your Las Vegas misdemeanor case. You want a knowledgeable criminal lawyer who will stand up for you and challenge inaccurate claims by the prosecutors and police.

Las Vegas Attorneys Paul J. Adras and Steven Altig work as a team and have more than 30 years of combined experience representing clients facing criminal charges.

If money is tight, you may wonder if you can get the court to appoint a public defender to represent you. A public defender may be an option if you are poor and have few assets.

But public defenders have heavy caseloads. If a public defender does represent you, he or she will have a very limited amount of time to devote to investigating and preparing your defense.

The state of Nevada expects you to retain an attorney if you can afford to do so.

A criminal defense attorney in private practice has a smaller caseload and can devote more time to each case.

The criminal attorneys at Adras & Altig devote the time needed to develop a solid defense strategy and seek the best outcome for you.

Possible Penalties for Conviction of a Misdemeanor

The possible penalties for conviction of a misdemeanor in Nevada are:

• Fines of up to $1,000
• Up to six months of misdemeanor jail time in Nevada.

While the penalties for misdemeanor convictions are typically less severe than felony convictions, they still can affect your life and liberty.

No matter how minor the offense seems, a misdemeanor conviction will remain on your record and have a negative impact on your life. A misdemeanor conviction can make it more difficult to obtain employment, secure credit or qualify for a bank loan. Any criminal conviction can also lead to increased penalties if you are convicted of a subsequent offense.

For all those reasons, it is important to hire an experienced criminal defense lawyer to defend your rights and seek the best outcome for you. Our criminal attorneys seek to have misdemeanor charges dismissed or reduced to minimize their impact.

Contact a Misdemeanor Defense Lawyer

Whether you are facing a misdemeanor charge or a felony charge in Clark County, you need experienced legal guidance to navigate the Nevada criminal justice system and seek an outcome with the least adverse impact on your life and future.

Attorneys Paul J. Adras and Steven Altig have been representing clients in Nevada for many years. We are reputable and respected. We have a history of achieving favorable outcomes for clients by pursuing creative solutions to resolve criminal charges and protect our client’s freedom. The attorneys at Adras & Altig have more than 30 years of combined experience helping clients charged with misdemeanor offenses navigate the criminal justice system.

If you are facing a misdemeanor charge, let us discuss how we can assist you.

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An Update from Adras & Altig on COVID-19

Concerned About Coronavirus? You Don’t Need to Leave the House to Meet with Our Lawyers.

We all have a duty to keep ourselves, our families, our neighbors, and our communities safe right now. This means temporarily reshaping the way we live our lives to combat the novel coronavirus (COVID-19). At Adras & Altig, Attorneys at Law, we are taking this duty seriously and are practicing the “social distancing” guidelines recommended by health officials. To ensure you still have access to us, our lawyers are available to meet with you remotely so we can answer your legal questions and discuss your case.

Across the nation, people are limiting in-person contact as much as possible to help slow the spread of the virus and allow our health care system to operate within its capacity. The U.S. Centers for Disease Control and Prevention continues to provide important guidance about what we all can do to protect ourselves and others from exposure.

(Visit the CDC website for the most up-to-date information and recommendations.)

During this challenging time, our attorneys remain available to talk about your legal issues over the phone or via free video conferencing services such as:

• GoToMeeting
• Facetime
• Skype
• Zoom

If you are ready to speak with a criminal defense lawyer now, please contact us to schedule your free consultation. Our team can meet with you remotely and get started on your case immediately without having to talk in person.

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How Drug Abuse Can Negatively Impact a Person’s Health and Life

Drug abuse is the use of illicit drugs, such as cocaine, heroin, methamphetamine, or others prohibited for use by the Uniform Controlled Substances Act. It can also include the use of prescription or over-the-counter (OTC) drugs for purposes other than those for which they are intended. Drug abuse can also refer to using drugs in larger amounts or more often (binging) than prescribed or recommended.

Physical Health and Mental Health

Drug abuse may cause a host of physical, mental, and social problems. Drug abusers often have associated health issues, such as stroke, heart disease, cancer, or mental health conditions like depression and anxiety. The country is currently in the grips of a tragic opioid epidemic.

Opioid abuse can lead to overdose and death. Methamphetamine, or crystal meth, can cause severe dental problems. Inhalants may destroy nerve cells in the brain and the nervous system. And those are just a few examples. Studies show that drug abuse clearly increases the risk of contracting infections like HIV and hepatitis C.

Addiction

Addiction is a disease characterized by drug use that is very difficult to control, despite the adverse consequences. Drug abuse can, over time, lead to brain changes that interfere with their ability to resist the urge to use drugs. Because brain changes can be persistent, addiction is a “relapsing” disease. Those in drug recovery are at high risk for returning to drug use after a period of abstaining from using the drug.

As with other chronic diseases and health conditions, drug treatment needs to be continual and should be modified and adjusted according to how the patient responds. Drug addiction treatment plans need to be reviewed and customized to match the patient’s changing needs.

HIV

Human immunodeficiency virus (HIV) infects the body’s immune cells (T cells), whose purpose is to fight infections. HIV lowers the number of T cells in the body, making it harder to fight off diseases and infections. HIV can cause acquired immune deficiency syndrome (AIDS), chronic, possibly life-threatening condition in which the body loses its ability to fight disease and infection.

Drug abuse can worsen the progression of HIV and AIDS. Research has shown that drugs can make it easier for HIV to enter the brain and cause nerve cell injury. This can lead to various cognitive problems and memory loss. Drug and alcohol abuse can damage the liver, heightening the risk for chronic liver disease and cancer among those with hepatitis B or hepatitis C.

Prenatal Effects – If you are pregnant and want a healthy baby, it’s critical to avoid drug use. It’s not just illicit drugs like cocaine and methamphetamine that can pose danger to infants, even abuse of OTC drugs can have harmful long-term effects on an unborn child.

Drug-abusing moms often give birth to “drug babies” – infants who have many developmental issues. Studies show that using drugs during pregnancy has a direct impact on the fetus. If you drink alcohol, smoke cigarettes, consume caffeine, use marijuana or methamphetamines, so does the fetus and your fetus will experience the harmful effects of these drugs. Taking drugs during pregnancy also increases the chance of birth defects, premature babies, underweight babies, and stillborn births.

Relationships

Drug addicts often have difficulty maintaining healthy relationships with others. Drug addicts are typically focused solely on getting and using drugs. Since relationships don’t typically give a drug user the same euphoric experience of the substance they’re addicted to, the drug user will usually devote less time and energy toward maintaining the relationship.

Someone who begins abusing drugs may not be very open about their use due to feelings of guilt, shame, and fear of judgment. They may believe others will not accept the situation they’re in, which creates the tendency to be secretive with a significant other, friends, and family members. Drug users may lie about where they are, who they are with, and why money is gone, among other things.

Secrecy can escalate to the point to where the drug abuser becomes isolated, putting great strain on any type of relationship. Drug addicts often lie and deceive others, causing their significant others to develop trust issues due to the perceived lack of honesty and loyalty. When trust breaks down in a relationship, you see an emergence of a number of relationship-damaging issues like anger, jealousy, and resentment.

Financial and Job Stability​​​​​​​

The economic burden of drug addiction is more than twice that of any other neurological disease, according to research. While buying drugs can, of course, be costly, there are other expenses in regard to the associated healthcare, legal fees, and other costs. Those who abuse drugs may end up with a significant loss of income.

Drug abuse can be particularly costly for people who have few financial resources to start with. If a heavy substance abuser is at or below the poverty level, they may be spending over half their income on drugs.

Drug abuse can lead to lower productivity levels. Someone with a drug problem may call in sick to work more frequently, and when they do go to work, the quality of your work may be less than satisfactory. Poor job performance can mean missing out on promotions or even termination.

Many drug addicts lose their jobs and remain unemployed because of their addiction. It can be hard to rejoin the workforce after years of drug-related unemployment.

Possible Legal Consequences of Drug Abuse

If you are convicted of a drug crime, you may end up with a criminal record that can follow you for the rest of your life. A criminal record can come back to haunt you when you apply for a job, try to buy or rent a home, and vote.

Many employers conduct background checks on applicants to make sure applicants are free of legal issues. If you’ve been convicted with a drug crime, this would be a red flag for potential employers. Drug use can obviously have a negative impact on job performance. Therefore, employers will likely hire someone else who is less likely to have drug addiction symptoms.

Drug possession often results in a hefty fine. Drug fines can total in the thousands of dollars. In addition to time in jail or prison and fines, you may face community service, probation, or other forms of confinement, such as house arrest.

Contact a Criminal Defense Attorney for Help with Drug Charges

If you have been arrested on a drug charge in Clark County, Nevada, call an experienced Las Vegas drug crime lawyer as soon as you can. At Adras & Altig, we will fight for you. We will protect your rights as we seek to have your charge reduced or dismissed.

Call Adras & Altig today to schedule a free initial criminal case review. Our skilled and compassionate Las Vegas criminal defense lawyers will act quickly to protect your rights and ensure your drug case results in the best outcome possible for you.

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What Happens to My Life After a DUI Charge?

A first-time DUI offense is punishable in Nevada by fines, mandatory DUI education, license revocation, and even jail time in some instances. A DUI arrest can impact your life in many ways, but you have the right to a legal defense to challenge the charges against you.

If you’ve been accused of driving while intoxicated in Las Vegas or elsewhere in Nevada, you deserve quality legal representation. Between fines, fees, and the possibility of losing your driver’s license, you may feel overwhelmed and unsure of what steps to take to preserve your rights. The good news is that an experienced attorney can help you avoid the worst consequences. Contact the knowledgeable DUI defense lawyers at Adras & Altig by phone or reach out to us online to schedule a free evaluation of your case.

Understanding the Difference Between a DUI Arrest and a DUI Conviction

A DUI arrest is different from a DUI conviction. An arrest is simply the act of a cop pulling you over and claiming that you are not okay to drive. Even if you don’t submit to a breathalyzer test, you can be arrested if the officer who stops you believes you are too intoxicated to safely operate a vehicle.

An arrest for a DUI does not automatically equal a conviction. In order to convict, the prosecutor has to prove “beyond a reasonable doubt” in court that you are guilty of being impaired behind the wheel. The burden of proof is on the prosecution. A DUI defense lawyer can bolster your case for reasonable doubt.

Short-Term DUI Consequences

If you’re arrested and convicted for a DUI in Las Vegas, there are several immediate sentences you can expect to receive. For a first-time DUI misdemeanor, short-term consequences may include:

• $400 to $1,000 in fines
• Attendance at a victim impact panel
• Eight hours of DUI school
• 185-day license revocation

A second DUI offense (without substantial injuries) is also a misdemeanor and may carry some similar consequences, including attendance at a victim impact panel awareness program, and up to $1,000 in fines. In addition, a second DUI can result in:

• Court-ordered rehabilitation
• Installation of an ignition interlock device in your vehicle
• One-year license revocation

In some instances, defendants may be able to avoid a conviction by entering a court-approved intensive rehabilitation program.

Long-Term DUI Consequences

In Nevada, a DUI charge will remain on your record permanently. However, after seven years, you can apply for your record to be legally sealed from the public, as long as you:

• Did not spend time in prison
• Do not have any pending charges
• Meet all probation conditions
• Have no prior charges

Long-term consequences for both first- and second-offense DUIs can also include jail time. For a first offense, you can potentially spend two days to six months in jail. For a second offense, you can potentially spend a minimum of 10 days and up to six months in jail.

A third DUI offense is considered a Class B felony if the driver had two prior DUI convictions with the previous seven years and can result in up to six years behind bars and a three-year license suspension.

The penalties become more severe for chronic DUI offenders.

Will a DUI Affect My Record for Background Checks?

A DUI misdemeanor or felony conviction will remain on your record indefinitely unless you get it sealed after the mandated seven years, so it is likely it will appear in a background check. The stigma around a DUI may influence the decisions of employers and others who perform background checks on you.

Potential employers and loan providers, for example, can find out if you’ve been convicted of a DUI and base hiring or lending decisions on these findings. DUI convictions can also influence a landlord’s decision to rent to you.

In addition, a DUI conviction on your record could prevent you from obtaining professional licenses in fields such as medicine, law, or finance.

Will a DUI/DWI Offense Affect My Car Insurance?

After a DUI or DWI (driving while intoxicated) conviction, your auto insurance company will likely consider you a “high-risk driver” – someone more likely to prompt or file an auto insurance claim. Auto insurance premiums are significantly more expensive for high-risk drivers.

In the worst cases, some insurers will drop DUI offenders altogether once the drivers’ current policies expire.

The effects of a DUI on your auto insurance rates don’t have to be permanent. Much like increased rates from an at-fault accident in Nevada, your rates will start to decrease again after several years of good driving behavior.

How Will a DUI Affect My Job?

A DUI conviction can affect your employment status in several ways. Depending on your job and its terms and conditions, you may get fired after being convicted of driving under the influence. You’ll likely have to miss some work for court appearances and community service, which could affect your employment as well.

A DUI conviction can also affect your career growth. A DUI is a criminal charge, and as such, a DUI can affect your trajectory if you apply for a job or a promotion that requires applicants to have a clean criminal record. Read more in this article about dealing with your employer after a DUI.

Will I Have to Attend Counseling After a DUI Arrest?

Counseling such as Alcoholics Anonymous and other forms of therapy are not always required after a DUI charge. However, first-time DUI offenders in Nevada are required to attend an eight-hour DUI school as part of the minimum punishment.

DUI school courses cover alcohol awareness and driving safety and usually cost around $150. Luckily, they can often be taken online. For subsequent DUI arrests, a court may order rehabilitation programs. In addition, for both a first- and second-offense DUI, you’ll be required to attend a victim impact panel, which costs about $40.

How Our Las Vegas DUI Defense Lawyers Can Help

The aftermath of a DUI arrest can be stressful, but it does not have to ruin your life. You are entitled to an aggressive legal defense, and the compassionate Law Vegas DUI attorneys at Adras & Altig can help. Check out the results of other people just like you, here. 

Give us a call at (702) 385-7227 or fill out our simple online contact form to arrange for a free consultation in our Las Vegas office.

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