A first-time DUI in Nevada is a misdemeanor offense, punishable by a maximum jail term of six months, a fine of up to $1,000 (not including court fees), and driver’s license suspension for no more than 185 days. However, many people who face these serious penalties wonder if they can get their DUI charge reduced.
Although it is possible to reduce such charges, attempting to do so in a DUI case is more difficult compared to other criminal cases. According to Nevada law, prosecutors are prohibited from reducing or dropping a DUI, if the charge cannot be proved or isn’t supported by probable cause.
In other words, state prosecutors must pursue DUI convictions unless they believe that the charges aren’t backed by enough evidence to prove guilt beyond a reasonable doubt or if the charges were completely unfounded. So, if a criminal defense lawyer can show that the state’s evidence is too insufficient, untrustworthy, or inconsistent, prosecutors may opt to reduce a DUI charge.
With the help of an experienced attorney, the following are several issues that can lead to a plea deal in a DUI case:
- The arresting officer failed to obtain “reasonable suspicion” to make a traffic stop
- The arresting officer failed to follow lawful procedures when administering field sobriety tests and questioning you
- The arresting officer failed to properly calibrate and administer a breath or blood test
- You suffer from a health condition or are under medication that led to an inaccurate chemical test result
- The arresting officer is not available at trial to testify against you
If the prosecution decides to reduce a DUI charge, it often becomes a “careless driving” charge. The main benefits of being convicted of careless driving—rather than drunk driving—are no mandatory suspension of your driver’s license, a criminal record that’s less serious, the ability to get your record sealed within one year (instead of seven years), and more relaxed penalties for future drunk driving charges.
Remember, you may still have to serve the standard criminal penalties for a first DUI conviction. However, having a careless driving conviction on your record is more beneficial than a DUI conviction.
If you have been arrested for drunk driving in Las Vegas, contact The Draskovich Law Group today at (702) 381-6590 and request a free consultation to learn about your legal options.