A first-time DUI arrest in Las Vegas sets off two separate legal proceedings simultaneously — a criminal case in Nevada’s courts and an administrative DMV hearing that can result in the suspension of your driver’s license. Understanding what happens in each process, and acting quickly to protect yourself in both, is essential. At Marathon Law Group, our Las Vegas DUI defense attorneys are available 24 hours a day because timing in a DUI case is absolutely critical.
The Nevada DUI Criminal Process
After a DUI arrest in Las Vegas, you will be booked and processed. Your first court appearance is the arraignment, where you will be formally charged and asked to enter a plea. In Clark County, DUI arraignments typically occur within a few days of arrest. After arraignment, the case moves into the pretrial phase, during which your attorney can investigate the stop, the arrest, the field sobriety testing, and the chemical test results. Many DUI cases are resolved at the pretrial stage through negotiation with the prosecutor — sometimes resulting in a charge reduction or dismissal.
If the case is not resolved in pretrial, it proceeds to trial where the prosecution must prove beyond a reasonable doubt that you were driving under the influence. Nevada DUI law is complex, and defenses based on improper stops, faulty breathalyzer calibration, improper blood draw procedures, and officer conduct errors are all legitimate avenues that experienced defense attorneys explore.
The Separate DMV Hearing — You Have 7 Days to Request It
Here is something that surprises many first-time DUI defendants: the criminal process and the DMV license suspension process are entirely separate proceedings, and the DMV process moves on a very tight timeline. After a DUI arrest in Nevada, you have only seven (7) days from the date of arrest to request a DMV hearing to contest the administrative suspension of your driver’s license. If you fail to request this hearing within seven days, your license will be automatically suspended — even if you are later found not guilty in the criminal case.
This seven-day window is one of the most critical deadlines in any DUI case. Your attorney can request the DMV hearing on your behalf and represent you at it, giving you the best chance of keeping your license during the pendency of your criminal case. Do not assume your criminal defense attorney will automatically handle the DMV hearing — confirm it explicitly, and make sure it is requested immediately.
First-Time DUI Penalties in Nevada
A first-time DUI in Nevada is typically charged as a misdemeanor (assuming no accident causing injury or death occurred). The standard penalties for a first-offense DUI in Nevada include fines ranging from $400 to $1,000 plus court assessments (total can approach $2,000 or more), mandatory attendance at a DUI school, between 2 days and 6 months in jail (though many first-time offenders avoid actual jail time through alternative sentencing), license revocation, and potential community service requirements. Nevada also requires installation of an ignition interlock device in some cases.
When a First-Time DUI Becomes a Felony
A first-time DUI is elevated to a felony in Nevada when it involves death or substantial bodily injury to another person, when the driver had a blood alcohol content of 0.18% or higher and a child under 15 was in the vehicle, or in certain other aggravated circumstances. Felony DUI carries dramatically higher penalties including prison time and permanent criminal record consequences.
When DUI Charges Can Be Reduced
In Nevada, prosecutors have the discretion to reduce a DUI charge to “reckless driving” — sometimes called a “wet reckless” when alcohol is involved — in appropriate cases. A wet reckless carries lesser penalties than a DUI conviction and in some circumstances may be eligible for expungement or record sealing sooner. Whether a charge reduction is available depends on the specific facts of your case, your blood alcohol level, your driving record, and the strength of the evidence against you. This is an area where having an experienced attorney makes a real, tangible difference in outcomes. The implications of DUI charges can also extend beyond criminal penalties — our post on DUI and immigration consequences is essential reading for non-citizens facing these charges.
Why You Must Call an Attorney Immediately
With a seven-day DMV deadline, an imminent arraignment, and evidence that can disappear within days of arrest, there is no scenario in which waiting to hire a DUI attorney makes sense. The sooner your attorney is involved, the more they can do to protect you. Contact Marathon Law Group at (702) 522-1808 immediately after a DUI arrest — we are available 24 hours a day, seven days a week.
Marathon Law Group
2012 Hamilton Ln
Las Vegas, NV 89106
(702) 522-1808