Las Vegas Criminal Defense
Las Vegas DUI Lawyer
Clear answers. Strategic defense.
A DUI arrest can put your license, freedom, work, and future at risk. Shimer Zach helps people facing alcohol- and drug-related driving allegations understand the evidence, the court process, and the decisions ahead.
Focused Criminal DefenseRepresentation built around the facts
Local PerspectiveServing Las Vegas and Southern Nevada
Direct GuidanceClear communication at every stage
Prepared StrategyEvidence reviewed with purpose
RecognitionTrusted. Proven. Respected.
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Local defense, clear guidance
DUI Defense Attorneys Serving Las Vegas, Nevada
A DUI charge can affect far more than a court date. Our team helps people understand the accusation, the evidence, and the choices ahead in both the criminal case and any related license matter.
Shimer Zach is a Las Vegas criminal defense firm. A consultation begins with the details of your situation—where the stop happened, what testing occurred, and which notices or court papers you received. We can discuss the next steps without suggesting that any particular result is guaranteed.
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Understanding the allegation
Understanding a DUI Charge in Nevada
A DUI case is not only about a number on a test. Nevada law covers several different theories, including driving or being in actual physical control while impaired by alcohol, a controlled substance, or a combination of substances.
Under NRS 484C.110, the State may rely on evidence of impairment, an alcohol concentration of 0.08 or more while driving, or a qualifying measurement taken within two hours after driving. The statute also addresses controlled substances and specified prohibited-substance concentrations. Which part of the law applies depends on the charge and the evidence.
The phrase “actual physical control” is important because a case may arise even when a vehicle was not moving when police arrived. The location of the vehicle, where the person was seated, access to the keys, whether the engine was running, and the surrounding circumstances may all become relevant.
The first question is not simply what the officer concluded. It is what the admissible evidence can actually prove.
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The road ahead
What Happens After a DUI Arrest in Las Vegas?
A DUI arrest can begin two proceedings at once: a criminal case and an administrative driver’s-license matter. They can involve different decision-makers, evidence, deadlines, and consequences. Addressing only the court date may leave the DMV side of the case unattended.
An arrest is not the same as a filed charge
After police submit an arrest report, the appropriate prosecutor reviews whether and what charges to file. The citation, complaint, or later court notice tells you what has actually been alleged. Meanwhile, a DMV action can follow its own path, so preserve and read every document even if formal criminal charges have not yet appeared.
As soon as practical, keep the citation and every notice, write a dated account of the stop and testing, and identify video or records that may be lost quickly—such as dash-camera footage, nearby business cameras, parking or hotel records, and messages about the trip. Preserve originals without editing them.
Investigation and Arrest
The record may include the reason for the stop, officer observations, field sobriety exercises, preliminary testing, video, statements, and the basis for arrest.
Evidentiary Testing
Breath or blood evidence may become central. The collection method, device records, timing, sample handling, laboratory work, and statutory procedures should be examined.
Court Proceedings
The criminal matter may move through an initial appearance or arraignment, discovery, negotiations, motion practice, and—when appropriate—trial preparation.
DMV Proceedings
A license revocation and administrative hearing are separate from the criminal case. The notice and DMV file should be reviewed promptly.
Nevada DMV states that a person whose license has been revoked following a DUI-related incident may request an administrative hearing. Eligibility and timing depend on the revocation and what has already occurred.
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Consequences under current law
Nevada DUI Penalties
Potential penalties depend on the alleged offense, prior qualifying convictions, injuries, test results, and other facts. The table summarizes the basic criminal ranges in the current version of NRS 484C.400. Treatment provisions, exceptions, additional requirements, and more serious statutes may change the result.
| Offense | Classification | Custody / Service | Fine | Additional provisions |
|---|---|---|---|---|
| First within 7 years | Misdemeanor | 2 days–6 months, residential confinement, or 48–96 hours of community service | $400–$1,000 | Education; treatment may apply, including at an alcohol concentration of 0.16 or more |
| Second within 7 years | Misdemeanor | 20 days–6 months in jail or residential confinement | $750–$1,000 | Treatment program; community service may substitute for the fine |
| Third within 7 years | Category B felony | 1–6 years in state prison | $2,000–$5,000 | Treatment may be ordered when statutory requirements are met |
This overview is not a sentencing prediction. DUI causing substantial bodily harm or death, a prior felony DUI, vehicular homicide, and other circumstances are governed by additional statutes and can carry substantially greater consequences.
The evidence matters
How Can a DUI Lawyer Defend Your Case?
A defense evaluation begins by testing assumptions against the complete record. The issues that matter in one case may be very different from the issues in another.
A handheld preliminary breath screen at the roadside is not the same procedure as an evidentiary breath or blood test. Nevada law addresses them separately. Identify which test was requested, when it happened, and the purpose for which its result is offered before treating every reported number alike.
- The legal basis for the traffic stop or contact
- Body-camera, dash-camera, dispatch, and roadside video
- Lighting, surface, footwear, instructions, and medical conditions during field sobriety exercises
- Breath-device certification, calibration, maintenance, and operator records
- Blood-draw authorization, collection, storage, chain of custody, and laboratory analysis
- Timing, driving pattern, witness accounts, statements, and alternative explanations
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Two proceedings, different consequences
The Criminal Case and the DMV License Case
The charge, evidence, and potential sentence
The criminal case determines whether the State can prove the charged offense and what court-imposed consequences may follow. Discovery, motions, negotiations, and trial preparation occur in this track.
Driving privileges and administrative review
A test result at or above the statutory level can trigger a 185-day revocation. Refusal of a required evidentiary test can trigger a one-year revocation, or three years when there was a qualifying refusal revocation during the prior seven years. Hearing rights and reinstatement options are fact-specific.
An ignition-interlock privilege, reinstatement requirements, SR-22 insurance, treatment, testing, and other conditions may become relevant. A person should not assume that progress in one proceeding automatically resolves the other.
For someone who holds a commercial driver’s license, the DMV may also address commercial-driving eligibility separately. Insurance costs, employment, and professional-license reporting may raise additional questions depending on the person’s circumstances. Discuss those concerns early; the criminal charge alone does not tell the whole story.
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The local process
Las Vegas DUI Courts and Local Procedures
The court named on your citation or charging document matters. A case arising within the City of Las Vegas may be handled in Las Vegas Municipal Court; other matters may proceed in a Clark County justice court. The charge, location, and stage of the case determine the path, and felony matters may move beyond an initial justice-court proceeding.
Review the papers for the correct court, hearing date, and any conditions that apply to you. The court case is separate from a possible Nevada DMV license proceeding. If you are uncertain which court has your case, ask before relying on a general timeline.
Court information: Las Vegas Municipal Court · Clark County Justice Courts
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Explore the DUI defense library
Types of DUI Cases and Issues
Use these focused guides to explore the issues most closely related to the allegation. Select a topic below for more detail.
People defend people
Why Choose Shimer Zach for DUI Defense?
Shimer Zach approaches criminal cases with preparation, direct communication, and close attention to the details that shape the decisions ahead. You deserve to understand the process and the options available for your specific circumstances.
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Understanding your options
Are Payment Plans Available for DUI Defense?
Yes. Shimer Zach offers payment plans for DUI defense. Ask our team about available options during your consultation. The fee and payment terms for your case depend on the work involved and will be explained in a written fee agreement before representation begins.
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Straight answers to common questions
Las Vegas DUI Frequently Asked Questions
Can I be charged with DUI if my BAC was below 0.08?
Yes. Nevada law is not limited to a numerical alcohol concentration. A person may also be accused of driving or being in actual physical control while under the influence to a degree that makes the person incapable of safely driving. The evidence and the theory alleged by the State matter.
What does “actual physical control” mean?
A DUI allegation does not always require proof that a vehicle was moving when police arrived. Whether someone was in actual physical control is a fact-specific question that may involve the person’s position, the location of the keys, whether the engine was running, where the vehicle was located, and other circumstances.
Will I automatically lose my license after a Las Vegas DUI arrest?
Not every case follows the same path, but a test result at or above the applicable limit or a refusal of a required evidentiary test can trigger a separate Nevada DMV revocation process. An administrative hearing is different from the criminal court case, so both tracks should be evaluated promptly.
Is a first DUI in Nevada a felony?
A first offense within seven years is generally prosecuted as a misdemeanor when the case does not involve death, substantial bodily harm, a qualifying prior felony DUI, or another circumstance that changes the charge. The charging document and complete history should be reviewed before assuming how an offense will be classified.
Can prescription medication lead to a DUI charge?
It can. A valid prescription does not necessarily resolve an impairment allegation. Nevada law addresses driving under the influence of controlled substances and other substances that may make a person incapable of safely driving. The medication, dosage, timing, observations, testing, and medical records can all matter.
What happens if I refused a breath or blood test?
Refusal can create consequences separate from the criminal charge. Nevada law permits revocation of driving privileges for failure to submit to a required evidentiary test, and evidence of a refusal may be used in criminal or administrative proceedings. The length of a revocation can depend on prior refusals.
Can a Nevada DUI charge be reduced or dismissed?
Nevada restricts dismissal or reduction of a DUI charge unless the prosecutor knows, or it is obvious, that probable cause is lacking or the charge cannot be proved at trial. That makes a careful review of the stop, testing, reports, video, witnesses, and procedures especially important. No outcome can be promised.
I live outside Nevada. Do I still have to deal with the Las Vegas case?
Yes. A visitor can still face a Nevada criminal case and Nevada driving consequences, and the person’s home state may take separate action. Travel, appearances, and license issues should be addressed with advice tailored to both jurisdictions.
Is “DWI” a different charge from DUI in Nevada?
People may use both phrases casually, but the Nevada charging papers and NRS Chapter 484C determine the actual offense. Do not assume a different acronym changes the statutory elements or consequences; read the cited section.
What should I bring to a DUI consultation?
Bring the citation or complaint, court and release papers, DMV notices, test paperwork, and any prior-case records. A short timeline of the stop, driving, arrest, and testing can help identify urgent questions without relying on memory alone.
What if police contact me about a suspected DUI before charges are filed?
Keep the officer’s contact information and any request or notice. A pending investigation does not tell you whether a charge will be filed or whether a separate DMV matter has begun. Speak with counsel about your rights and the specific request before deciding whether to give an interview.
Primary sources
Nevada Law and DMV Information
- Nevada Revised Statutes, Chapter 484C
- Nevada DMV: Driving Under the Influence
- Nevada DMV: Office of Administrative Hearings
Legal information changes. This page provides general information and is not legal advice. It does not create an attorney-client relationship, and no result is guaranteed.
