Las Vegas DUI Attorney

You Could Have Limited Time. Call (702) 381-6590 to Save Your License!

Arrested for drunk driving? If you face charges, act quickly. At Draskovich Horvath, we have over 35 years of combined experience representing the Constitutional rights of our clients. Our firm has handled over 10,000+ criminal defense cases over the years. Do not face your DUI charges alone. Speak with our Las Vegas DUI lawyers in a free consultation.

Las Vegas draws in visitors and locals alike, making DUI enforcement a serious priority for law enforcement. Being pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol carries severe penalties, including jail time, fines, and license suspension. 

Penalties become more severe with your second or subsequent offense, so you need a Las Vegas DUI defense lawyer on your side to protect your rights and interests.

Understanding DUI Defense Laws in Nevada

Nevada law prohibits driving, or being in actual physical control of a vehicle, while impaired or with an illegal concentration of alcohol or drugs.

A person is considered legally impaired if they meet one of the following criteria:

• Prohibited Concentration: Driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher.
• Impairment: Driving while under the influence of alcohol and/or drugs to a degree that renders the driver incapable of safely operating a vehicle.
• Illegal Drugs: Driving with any measurable amount of a prohibited substance in your blood (e.g., marijuana metabolites, cocaine).

Different Types of DUI Charges in Las Vegas

Not all DUI arrests are equal. In Nevada, the penalties and defense strategies differ significantly based on the driver's age, criminal history, and whether the incident resulted in harm. We manage the defense for all levels of DUI complexity.

• Underage DUI (Zero Tolerance): Nevada Revised Statute NRS 484C.350 enforces a "Zero Tolerance" policy for drivers under the age of 21. The limit is 0.02% BAC or higher.
• DUI With Drugs: It is illegal to drive while under the influence of any prohibited substance, including illicit drugs, prescription drugs, or even over-the-counter medications that impair your ability to safely drive.
• Multiple DUI: Nevada uses a seven-year look-back period to enhance DUI penalties.
  • Second Offense: A second DUI within seven years requires a mandatory minimum of 10 days in jail and a one-year license revocation.
  • Third Offense: A third DUI within seven years is automatically charged as a Category B Felony (NRS 484C.400). This is non-probationable and carries 1 to 6 years in Nevada State Prison and a three-year license revocation.
• Felony DUI: A DUI is immediately charged as a felony regardless of prior history if it involves aggravating factors:
  • Substantial Bodily Harm or Death: DUI causing injury or death is a Category B Felony (2 to 20 years in prison and a fine between $2,000.00 and $5,000.00).
  • Prior Felony: Any subsequent DUI conviction after a previous felony DUI is automatically charged as a felony, permanently raising the stakes for the offender. We are experienced in defending these high-stakes felony DUI cases.

The Implied Consent Law

Nevada has an Implied Consent Law. By operating a vehicle in the state, you implicitly consent to chemical testing (blood or breath) if arrested on suspicion of DUI. Refusing a chemical test after a lawful arrest results in an immediate one-year license revocation by the DMV, regardless of the outcome of the criminal case. Your Las Vegas DUI defense lawyer must advise you on the severe consequences of refusal.

Penalties for a DUI in Nevada

Depending on the circumstances of the offense, a DUI counts as either a misdemeanor or a felony in Nevada. After an arrest, contacting our firm quickly will let us build your defense right away.

The Nevada Revised Statutes (NRS 484C) define punishment levels for first-time, repeat, and felony DUIs. Criminal penalties and separate DMV consequences combine to make any DUI in Las Vegas a serious risk. First convictions often lead to license suspensions, mandatory alcohol classes, and the possibility of an ignition interlock device—even for drivers with no prior record. 

Felony offenses involving injury, death, or repeat drunk driving allegations carry stiffer mandatory minimums and possible lifelong consequences. Las Vegas courts frequently order victim impact panels or further counseling for those convicted. Understanding these requirements matters when preparing for court and the possible reinstatement of driving privileges.

Nevada’s DUI penalties can include, but are not limited to, the following:

• Up to 6 months in jail
• Up to $1,000 in fines, plus court costs
• Completion of an alcohol awareness program
• Community service

We Act Fast to Help Minimize Penalties

The Las Vegas DUI attorneys at Draskovich Horvath have successfully handled thousands of DUI cases throughout Clark County. We know how to create a defense that always considers your best interests. 

Law enforcement agencies such as the Las Vegas Metropolitan Police Department and Nevada Highway Patrol use checkpoints, field sobriety testing, and intensified patrols—especially during holidays and major events—to enforce DUI laws. Our understanding of these methods helps us identify possible rights violations. 

We also guide clients through the DMV’s independent hearing system and work with them to understand the timelines for contesting suspensions, restoring driving privileges, and complying with Nevada’s sentencing requirements. Because Las Vegas courts continue to update policies around plea deals, diversion, and alternative sentencing, you benefit from advice focused on the latest practices in the area.

Do not hesitate to call our Las Vegas DUI lawyer at (702) 381-6590 to get started today.

The Nevada Criminal Defense Process for DUI

DUI defense in Las Vegas is a two-part legal process that requires immediate action to protect your driving privileges.

• DMV Administrative Hearing (The 7-Day Rule): Upon arrest, your driver's license is immediately seized, and you are given a temporary 7-day permit. You have only seven days from the date of arrest to request a DMV administrative hearing to challenge the summary revocation of your license. We immediately file this request for you, and the hearing provides us with an early opportunity to cross-examine the arresting officer under oath, which is invaluable for the later criminal case.
• Criminal Case (Las Vegas Justice Court): The criminal charge is filed, and we appear at the arraignment to enter a plea. We then proceed to file motions to suppress evidence, utilizing the testimony gained at the DMV hearing and the flaws we identify in the police procedure.
• Negotiation and Trial: We leverage our constitutional challenges to negotiate with the prosecutor for a reduction of the charge (e.g., to Reckless Driving, which carries less severe penalties) or a dismissal. If negotiation fails, we are prepared to take your case to trial.

Our Comprehensive Approach as Your DUI Attorney in Las Vegas

At Draskovich Horvath, we provide a rigorous defense strategy built on technical knowledge and decisive action in the Clark County court system.

• Focus on the Fourth Amendment: We aggressively challenge the legality of the initial traffic stop and the probable cause for your arrest, knowing that if the stop was illegal, all subsequent evidence gathered by the police must be suppressed.
• Technical BAC Challenge: We scrutinize the accuracy of the chemical testing devices. Our firm investigates the breathalyzer's maintenance records, the qualifications of the operator, and compliance with the Nevada Administrative Code to invalidate faulty BAC results.
• Immediate DMV Action: We guarantee immediate action to meet the crucial 7-day deadline for the DMV hearing, which is essential to saving your driver's license and gathering early testimony from the arresting officer.
• Client Accessibility: We offer free consultations to ensure you can access expert legal advice immediately when facing the dual crises of a DUI charge and license suspension.

How Can Draskovich Horvath Help You

Our work starts when you reach out to us. Our firm’s approach to DUI defense differs from most attorneys in the area. We personally represent our clients in court and stand by our results.

One of our DUI lawyers will personally interview you and address:

• How the system works
• How we protect your driving privileges
• How the facts of your case lead to a defense
• What we can do for you as a DUI defense lawyer
• The costs of our services
• Any questions you have regarding your defense

If you hire Draskovich Horvath, we defend you. We will not pass your case to an inexperienced associate who pressures you to plead guilty. We refuse to offer deeply discounted “teaser” prices and then demand larger fees after your first court date. Discount lawyers yield discounted results.

Don’t Let a DUI Charge Permanently Affect You

Our Las Vegas attorneys appear in criminal court nearly every day and have for the last 35 years. We know and interact with every judge and prosecutor who handles DUI cases in the greater Las Vegas, Nevada area. Our results speak for themselves, and we are pleased to discuss prior case results upon request.

Additional DUI Resources:

• Can I Get A Nevada DUI for Sleeping in My Car?
• The Impact of DUI Charges on Your Driving Privileges
• Are DUI Checkpoints Legal in Nevada?
• False Breathalyzer Reading: What You Should Know

FAQs

How Does a DUI Affect My Record in Nevada?

A DUI conviction in Nevada usually stays on your criminal record for seven years. Courts and law enforcement can consider prior DUIs if you face later charges within that period. Having a DUI on your record can impact employment opportunities and insurance premiums for years after the case concludes.

Are Field Sobriety Tests Required in Las Vegas?

In Las Vegas, Nevada law allows officers to request field sobriety tests during a DUI stop. You can refuse these tests; however, refusal may lead to arrest and a request for alternative testing methods, like breath or blood analysis. Refusals can have legal consequences, including license suspension.

Will I Have to Appear in Court If Arrested for DUI?

If you are charged with DUI in Las Vegas, you must appear for scheduled court dates unless your attorney receives permission to appear on your behalf for certain hearings. Missing court dates can result in warrants and additional penalties, so working closely with your legal team helps ensure you meet all appearance requirements.

Is a DUI a Felony in Nevada?

Even if you have no past criminal history, a DUI in Nevada is a felony if it causes substantial bodily harm or death to another person. DUI causing substantial bodily harm or death is a non-probationable offense, meaning if you are convicted, you must go to prison.

Can a DUI Be Dismissed in Nevada?

A DUI in Nevada can be dismissed, but it is rare. There is a strong public policy to remove impaired drivers from Nevada roads. We will be on your side advocating for your rights and making sure all parties in the case follow the rules.

Do You Need a DUI Attorney for a First Offense?

Facing a DUI charge, even for a first offense, carries significant consequences that can affect different areas of your life. While some drivers try to handle a first-offense DUI themselves, it can be hard to recognize available defenses or legal mistakes by officers or prosecutors without professional legal counsel. A DUI attorney in Las Vegas will review the facts, check for errors, and negotiate for the best possible outcome, which may include reduced charges or alternative sentencing where allowed.

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