Las Vegas DUI Attorney on Your Side.

Many Las Vegas residents who are arrested for a DUI (NRS 484C.110) are under the impression that there is no hope for fighting the case. After all, the Blood Alcohol Content test is the ultimate ruler in a guilty vs. not guilty conviction, right? … not always.

Did you know?

  • Breathalyzers and blood testing are known for making critical reporting errors?
  • Police officers have been known to make critical mistakes in their routine DUI investigations?
  • Various medical conditions can affect the accuracy in breathalyzer and blood testing readings?

A knowledgable DUI Defense attorney can, and will, combat prosecution on your behalf to argue inaccuracy in reporting on your behalf. Las Vegas car accident attorney, Craig P. Kenny and Associates is an experienced defense team that has represented the residents of Las Vegas for over 20 years. We’ve helped our clients get their DUI charges reduced or dismissed completely.

If you’ve been accused of a Las Vegas DUI, contact our law firm immediately for a free consultation to see how we can help you, too!


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las vegas dui attorney

Under Nevada law NRS 484C.110 a person can be charged with DUI alcohol in one of two situations.

(1) If that person is found to have a concentration of alcohol of 0.08 (BAC) or more in his/her blood or breath within 2 hours of driving and or being in actual physical control; or

(2) If that person is found to be under the influence of alcohol to a degree which renders them incapable of safely driving or exercising actual physical control of a motor vehicle.

How is the Blood Alcohol Content (BAC) tested?

In Clark County, blood alcohol (BAC) testing typically occurs one of two ways:

1) Breath Test Using the Intoxilyzer 8000; or

2) Blood Draw performed by a medical professional

Alcohol DUI FAQ
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las vegas marijuana dui attorney

Although the recreational use of marijuana is now legal in Nevada, driving under the influence (DUI) of marijuana is still a criminal act and is treated with the same level of severity as a DUI of alcohol. In Nevada, a driver can be charged with DUI marijuana if they are found to have as little as:

2 nanograms per milliliter of Marijuna (delta-9-tetrahydracannabinol) in their blood OR

5 nanograms per milliliter of Marijuna metabolote (11-OH-tetrahydrocannabinol).

How is a Person’s THC Level Determined?

Much like alcohol, blood draw testing is used to determine a driver’s THC levels. However, DUI of marijuana are typically very difficult for a prosector to prove. A Las Vegas criminal defense attorney may be able to get the charges reduced or dismissed entirely. Hiring a DUI attorney should not even be a question as a DUI conviction will remain on your record for at least seven (7) years before you can explore having it sealed.

Marijuana DUI FAQ
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las vegas illegal drug defense attorney

Nevada law NRS 484C.110(3) makes it illegal to drive or be in actual physical control of a vehicle with an amount of any of the following prohibited substances found in the blood or urine that is equal to or greater than:

Urine Nanograms / Blood Nanograms
(a) Amphetamine: 500 / 100
(b) Cocaine: 150 / 50
(c) Cocaine Metabolite: 150 / 50
(d) Heroin: 2,000 / 50
(e) Heroin Metabolite:
a. Morphine 10 10
b. 6-monoacetyl morphine 10 10
(f) LSD: 25 / 10
(g) Methamphetamine: 500 / 100
(h) PCP: 25 / 10

Illegal Substance DUI FAQ
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illegal prescription medication use lawyer

Unlike alcohol, marijuana (THC), and the prohibited substances noted above, Nevada law does not prescribe threshold nanogram amounts for prescription drugs such as Xanax, sleeping medication, SOMA, and muscle relaxers.

However, prosecutors will typically attempt to prosecute prescription drug DUIs under the catch-all provision of NRS 484C.110(2)(c) which makes it illegal to “inhale, ingest, applies or otherwise use any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle.”

How are prescription drugs tested for?

Much like alcohol and marijuana (THC), prescription drugs will be tested for using a blood draw test.

How can the court prove I was under the influence of a prescription drug?

A prosecutor will have to show that the prescription drug in the blood stream rendered the driver incapable of safely operating a motor vehicle.

To do this, a toxicologist may be necessary to offer expert testimony that the amount of prescription drug found in the blood stream was found to be at a higher level than considered “therapeutic”. Also, that expert toxicologist may need to testify to the level of impairment expected with that level of prescription drugs in the blood stream.

Prescription Drug DUI FAQ
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How the DUI Process works in Nevada

A DUI arrest in Las Vegas encompasses two separate cases: the court case and the DMV case. Below we will describe the proceedings of each case and what you can expect during the process:

1. The court case

The first case is the court case. This is centered on the criminal charges you’ll face for your accused driving under the influence. Following your Nevada DUI arrest, the policing agency will typically provide you with a notice (citation) to appear in court at a later date. This court date is used to establish your plea (guilty vs. not guilty). If you have a Las Vegas DUI lawyer, and in most cases, your attorney can appear on your behalf (you will not need to make an appearance.)

Your Craig P. Kenny and Associates attorney will request all evidence that will be used against you, including: police reports, lab reports, medical records, maintenance history of the breath machine, etc… We will use this information to negotiate with the court to get your DUI charges reduced or dismissed.

First offense Nevada DUI fines and penalties:

$400 to $1,000 fine;
DUI School (8-hours);
Victim Impact Panel attendance;
2 days to 6 months in jail (depending on the judge, this could be reduced to 48 to 96 hours of community service); and
90-day drivers license revocation (185-day driver’s license revocation after October 1st, 2018.)

2. The DMV case

The second case in a Nevada DUI is with the Nevada DMV. You will be required to attend a drivers license suspension hearing to determine whether or not your driver’s license will be suspended. Your Craig P. Kenny and Associates lawyer can represent you at this hearing as well.

In the event the panel concluded the hearing with license suspension, your Nevada drivers license will become suspended for 90-days (180-days if charged after October 1st, 2018). 

What Happens When You Get A DUI In Las Vegas?

DUI in Nevada is typically classified as a misdemeanor accompanied by substantial penalties. However, sentencing and punishment become much harsher with each DUI obtained within a seven-year period, or if the DUI caused the death or significant injury to a third-party.

Common penalties for a first-offense DUI in Las Vegas, NV:

  • two-days to six-months in jail; OR 24-hour to 96-hours of community service in Nevada
  • Nevada DUI School (alcohol awareness program)
  • Fines up to $1,000 plus court fees
  • Nevada Victim Impact Panel
  • If you are under 21 or if your BAC was 0.18 or greater, an alcohol dependency evaluation ($100)
  • If your BAC was 0.18 or more, an alcohol or drug abuse treatment program (fees vary)
  • If your BAC was 0.18 or more, a Nevada Breath Interlock Device in your car for 12 months to 36 months
  • 185-day suspension of your driver’s license and a $35 civil penalty fee

Common penalties for second-time DUI in Nevada (within seven years of the first one) are:

  • Up to 6-months in jail or residential confinement
  • Fines up to $1,000, or an equivalent number of community service hours
  • Nevada Victim Impact Panel
  • An alcohol dependency evaluation ($100)
  • 1-year driver’s license suspension or revocation, 5-day registration suspension, and a $35 civil penalty fee
    DUI Court
  • Ignition interlock device for up to 185-days
  • Drivers license restriction/suspension

Common penalties for third-time DUI in Nevada (within seven years of the first one):

A third-offense drunk driving conviction is a category B felony. The penalties for a third offense are:

  • Nevada prison commitment of up to 6-years
  • Fines up to $5,000
  • Victim Impact Panel
  • A Breath Interlock Device on your car for 12 months to 36 months after your jail release
  • 3-year driver’s license suspension or revocation, 5-day registration suspension, and a $35 civil penalty fee
  • Alcohol dependency evaluation ($100)

Nevada DUI law provides that a person imprisoned for drunk driving should be segregated from more violent offenders and housed in minimum-security facilities.

Punishment for DUI causing death:

DUI causing death is a category A felony which carries twenty-five years in prison, or a life sentence, with the possibility of parole after 10 years.

What Are A Few Drunk Driving Defenses in Las Vegas?

If you’ve had a run in with the law for drunk driving in Las Vegas, there could be a few defenses available to you that you’re unaware of. The police do not have a strong case against you just because you are facing a DUI charge.

For starters, the police could have stopped your vehicle for unlawful reasons. Moreover, their evidence collection could have been obtained in an illegal manner. They could have made a mistake in your case, or their substance detection technology could have failed them. At Craig P. Kenny & Associates, our lawyers will use every defense possible to ensure you are not charged unlawfully, and we will ensure we build you the strongest case possible.

Contact the best Las Vegas DUI Lawyer for immediate help.

Between defective devices and tainted blood sampling, the sad truth is that people plead guilty every day to Las Vegas drunk driving charges. They do not believe that they have any other alternative. It is highly advisable to have an experienced DUI attorney evaluate your case BEFORE taking this plea to avoid hefty penalties, fines, sentencing, and a could-be permanent dent on your record.

Nevada DUI cases are rarely straightforward; a conviction is not always the answer. We know how to negotiate with the court, identify Las Vegas policing mistakes, and evaluate and examine evidence to give you the best shot of avoiding hefty fines, penalties, and sentencing. If you have been accused of a Nevada DUI, please contact our DUI Lawyers immediately to discuss your options. Do not wait; contact us today.

Do you need legal representation? Call the best Las Vegas DUI defense law firm (702) 380-2800

Do not leave your future to chance. Hire the best defense team in Las Vegas.