by Craig Mueller, Uncompromising DUI Defense Attorney
Former Clark County Deputy District Attorney DUI prosecutor
Mueller and Associates: 702-382-1200

FREQUENTLY ASKED QUESTIONS ABOUT NEVADA DUI

1. What should I know about Nevada DUI before I get stopped?

2. What Happens After a DUI Arrest in Clark County, NV?

3. What are the most common mistakes made by someone arrested for DUI?

4. What happens if I drive with a revoked or suspended license?

1. What should I know about Nevada DUI before I get stopped?

Nevada treats DUI harshly. Its citizens are often arrested for drinking and driving, regardless of how it affects their driving ability. Many of those arrested end up convicted, but many do not.

If you are stopped for DUI in Nevada:

• Be polite. Give the officer your drivers license, registration and proof of insurance.
• Do not answer any questions other than your name and address
• Do not agree to perform roadside tests
• Do not agree to have your eyes tested
• Do not agree to blow into a handheld breath tester
• If you are asked to take a breath or bood test, take the breath test.

2. What Happens After a DUI Arrest in Clark County, NV?

Each state sets its own laws about what happens after a DUI arrest. In Nevada, the process is:

Motor Vehicle Hearing

You either have your license taken away by an officer, or you will receive a letter from the DMV revoking your license. You then have 7 days to request a hearing. The DMV must schedule an initial hearing within 90 days from the date of revokation or notification of revocation.

DMV will mail your hearing notice. You should receive it 30 to 45 days after your request. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing.

Your immediate goal is a temporary license, available to anyone whose revoked drivers license is otherwise valid. This temporary license allows you to drive until the written opinion from your DMV hearing is issued.

Craig Mueller strongly believes you will compromise your case if you do not request this hearing. THE WINDOW OF OPPORTUNITY IS SHORT!

Arraignment

Your ticket includes your arraignment date, usually from 1 to 3 months your arrest; however, up to 1 year distant is not uncommon.. The primary purpose of your arraignment is to advise you of your rights. If you have an attorney you do not have to appear, because your attorney will advise you instead.

Pre-trial Conference

This meeting between your attorney and the District Attorney is held after your arraignment, and usually after your DMV hearing. At this stage, the DA will offer a "deal." If you decide to pursue a plea bargain, it is here that the negotiations will take place.

Suppression Hearing

If your rights were violated during your arrest, the Court may suppress some or all of the evidence presented against you. These hearings, usually from 6 weeks to 3 months after the pre-trial conference, are often critical to your case.

Trial

Misdemeanor offenses are NOT entitled to a jury trial in Nevada, only felonies. Nevada has made Third-time DUI or DUI with death or substantial bodily harm felonies. If you are charged with felony DUI, you are entitled to a jury trial. Misdemeanor offenses are heard and decided by a Lower Court Judge alone, either a Justice of the Peace or Municipal Court Judge.

Sentencing

If you are convicted at trial, or negotiate a plea bargain, the Court will impose a sentence. Punishment for DUI in Nevada ranges from public service and alcohol education to in-home detention and even prison.

3. What are the Most Common Mistakes Made by People Arrested for DUI?

During his time as lead DUI prosecutor in the Clark County District Attorney's office, Las Vegas Attorney Craig Mueller has seen it all, and knows that sometimes our police officers are in a hurry and occasionally make mistakes.

• All Las Vegas area law enforcement agencies must have a legitimate reason to stop your car. It cannot be on the basis of an anonymous phone call, because you look suspicious, or simply to check your license and registration. Without some apparent violation of the law that the officer observed you committing before his or her stop, the results of the stop may be thrown out of court.
• DUI charges cannot be based on only your statements. The officer must have seen you in control of a vehicle.
• Police must either have an invitation to enter your home, or suspect a crime. You have a constitutional protection against unreasonable searches.
• Police cannot stop you based on an anonymous phone call. The officer must have a name and address for the caller.
• You do not have to be read your rights before (or after) being arrested. However, if you were questioned, statements you made before (or without) being read those rights cannot be used against you.
• The law might seem clear to the layman, but it is in fact a complicated thing, requiring the coordination of Nevada Revised Statutes, the Nevada Administrative Code, and reams of past judicial decisions. Policemen are not lawyers, and Mueller has seen some cases where an officer's legal misinterpretation leads to the arrest of an innocent person.
• Improper use of blood-alcohol-testing equipment. The Department of Health has rules officers must follow, and departures from these standards may invalidate the test result.
• Improper DUI checkpoints. Here again, there is a list of procedures that must be complied with for such stops to result in admissable evidence.

4. What happens if I drive after losing my license due to a DUI?

Very bad things. If you are caught, you will face a minimum of 30 days in jail, and may have to put up a $10,000 bond to get out of jail. If you are here on a visa, you could be deported.

This is the heart of why your DMV hearing is so important. And why it is important to already have an attorney in place by the time of the hearing. An experienced attorney working on your behalf will ensure that your arrest was constitutional, that the evidence against you is checked carefully, and that your defense is presented in the best possible light.

By the way, the revocation of your drivers license applies to all licenses you hold from any state or nation. An international drivers license is not valid if your license has been revoked for DUI.