Drunk Driving Defense Lawyers

Clark County Drunk Driving Defense Attorney

If you have been charged with driving drunk in Las Vegas, also known as DWI (driving while intoxicated), or DUI (driving under the influence) in Nevada, you are facing some serious penalties. 

Drunk driving convictions cost.

Drunk driving penalties include mandatory fines, classes, an increase in the cost of your insurance, the loss of your driver’s license and even jail time.  While many people may think “it’s just a Misdemeanor,” when considering a drunk driving offense, in actuality, the cost of a DUI offense is staggering.  Many experts estimate that the total cost of a first offense DUI conviction, when you factor in costs for towing, bail, alcohol evaluations, required classes, victim impact panels, mandatory fines, court costs, driver’s license reinstatement fees and the like, is somewhere between $10,000.00 and $20,000.00.  When you include the years of increased costs of auto insurance after a DUI conviction, that cost can double.  To put it into perspective, going to jail and losing tens of thousands of dollars means that drunk driving is not “just another misdemeanor” offense that is minor in nature.  In fact, any criminal law expert will tell you that DUI cases can be some of the most complicated and complex cases there are.  Drunk Driving cases almost always involve multiple Constitutional law issues and expert medical and scientific witnesses utilizing the latest advances in technology.  When faced with such issues, it is important to have an experienced Las Vegas Drunk Driving DUI defense attorney on your side to help protect your interests and guide you through the process.

At the Nevada law firm of Hofland & Tomsheck, Partner Josh Tomsheck has experience in all facets of Drunk Driving (DUI DWI) cases, and specializes in the assistance of those charged with Drunk Driving, DUI or DWI charges.  As a former Chief Deputy District Attorney, Josh Tomsheck was part of the academy of instructors that lectured and taught the police and other members of law enforcement the same Constitutional law issues that arise in almost every Drunk Driving case.  Josh is a member of the National College for DUI Defense, widely recognized as the most elite organization in the United States focused on education and information regarding the defense of individuals charged with Drunk Driving offenses.  Attorney Tomsheck is one (1) of only eight (8) lawyers in Las Vegas to be admitted as a member of the College.     

At the Law Firm of Hofland & Tomsheck we have the experience to quickly understand the issues in your Drunk Driving (DUI DWI) case and identify potential defenses that are available to you.  We know how to fight Drunk Driving charges. And we know how to win. 

Do you know your rights after a DUI DWI arrest? 

At Hofland & Tomsheck, we are well trained and experienced DUI attorneys who know your rights, will fight for you and will help you get back on the road … and on with your life.

BEWARE!

Under Nevada law, if the police ask you submit to a breath test (what most people refer to as a “breathalyzer”) for the presence of alcohol and you blow a .08 or more, then the police officer or officers who stopped and arrested you will seize your driver's license and immediately serve you with an order, which will revoke your driver’s license.  You will be given a temporary license that is only good for one week.  This is IMPORTANT – you only have seven days to contact the DMV to request as stay and a hearing regarding the revocation of your driving privileges before you license is suspended.  Once this is done, you are able to drive normally, on a temporary license, until the DMV hearing is concluded.

If you have had a blood test to determine the presence and level of alcohol in your blood, then the officer will give you your license back and wait for the results of the blood test.  In Nevada, the results from the blood test can take a period of time, often several months, to come back.  Once the police obtain the results of your test, they will notify the DMV.  The DMV then sends you a letter letting you know your license will be suspended in 7 days.  Again, this is IMPORTANT -- if you don’t act on your letter from the DMV your license will automatically be suspended and you could be driving on a suspended license without being aware.  Driving on a suspended license is, of course, an additional and separate crime. 

It is imperative that you have a knowledgeable, experienced DUI/Drunk Driving lawyer who is dedicated to you and your case so that you can properly deal with the charges you face. 

If you have been arrested or charged with a drunk driving offense in Nevada, contact DUI attorney Josh Tomsheck at the Law Firm of Hofland & Tomsheck right away to discuss your DUI case.  We will give you a free consultation to determine what needs to be done to get you the best result possible.  We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or e-mail to schedule an appointment.

What are the penalties for a DUI DWI conviction?

Driving Under the Influence - First Offense:

When you are convicted of DUI (driving under the influence) in Nevada and it is your first offense, there are minimum sentencing factors that the Court must impose. 

The minimum and maximum sentencing ranges for a DUI first offense in Las Vegas, Nevada, are as follows:

“Jail time” or Incarceration:

The Court is required to impose a minimum of 48 hours in jail, up to and including a maximum of 180 days, or six (6) months, in jail.  The Court does have discretion to impose a sentence of ninety-six (96) hours of community service instead of actual jail time.

Monetary Assessments and/or Fines:

The Court is required to impose assessments and fines totaling a minimum of $400.00 and a maximum of $1,000.00.  This is in addition to any Court costs.

Suspension of Driving Privileges:

 The Department of Motor Vehicles, or “DMV,” is required to impose a ninety (90) day suspension of your driving privileges.  After a period of forty-five (45) days, known as a "hard suspension period," has passed, in which all driving privileges are removed, a driver may be eligible to obtain a restricted driver's license that allows the person to drive for limited purposes, such as employment, for the remainder of the suspension period.

DUI School:

For every person convicted for a first DUI conviction, the Court must impose a requirement that you enroll in and complete a state approved traffic safety “school.”  This is commonly referred to as “DUI School.”  This eight (8) hour program costs each attendee approximately $150.00

Alcohol Treatment:

Depending on the Court issuing the order, you may be required to enter, complete and pay for, an alcohol treatment program. 

Special Conditions if BAC is over 0.18:

If your first DUI conviction involves a breath or blood alcohol reading that was .18 or higher, then the court will normally impose:

1. A DUI Assessment Program that requires a $100 fee;
2. The Victim Impact Panel that requires a $40.00 fee; and
3. The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for twelve to thirty-six months;
4. Even if your breath or blood alcohol concentration was below .18, the court may order the Breath Interlock Device for 3 months to 6 months.
5. Based on the DUI assessment given in the DUI Assessment Program, the court will impose extensive counseling to address drug or alcohol issues.

dedicated DUI attorney

When you are charged with a DUI first offense in Las Vegas, it is imperative that you have a knowledgeable, experienced DUI/Drunk Driving lawyer who is dedicated to you and your case so that you can properly deal with the charges you face. 

If you have been arrested or charged with a Drunk Driving offense in Las Vegas, Clark County or anywhere else in Nevada, contact our office right away to discuss your DUI case.  We will give you a free consultation to determine what needs to be done to get you the best result possible.  We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or Toll-Free 866-743-7305or e-mail to schedule an appointment.

Driving Under the Influence - Second Offense

The penalties for driving under the influence depend on whether you have a prior conviction for a DUI offense.  If you have previously been convicted of a Drunk Driving/DUI/OWI offense within the past seven (7) years, the sentence is for your new conviction is “enhanceable.”  In other words, the punishment goes up for each new offense.  The seven (7) year period is calculated from the arrest in the first case until the arrest in the current case.
When you are convicted of DUI (driving under the influence in Nevada) and it is your SECOND offense, there are minimum sentencing factors that the Court must impose. 

The minimum and maximum sentencing ranges for a DUI SECOND offense in Las Vegas, Nevada, are as follows:

“Jail time” or Incarceration:

The Court is required, for a second DUI conviction, to impose a minimum of 10 days in jail, up to and including or up to a maximum of 180 days, or six (6) months, in jail.  As an alternative, the Court has discretion to impose “residential confinement,” such as in an inpatient alcohol or drug treatment program which has 24/7 monitoring, instead of time in the County or City jail.  All people convicted second DUI must serve at least one continuous period in jail of at least 48 consecutive hours.

Monetary Assessments and/or Fines:

The Court is required to impose assessments and fines totaling a minimum of $750.00 and a maximum of $1,000.00.  This is in addition to any court costs. 

Suspension of Driving Privileges:

The Department of Motor Vehicles, or “DMV,” is required to impose a one (1) year suspension of your driver's license.

DUI School:

For every person convicted of a second DUI conviction within the past seven (7) years, the Court must require the person to attend and complete a DUI School class.

Alcohol Treatment:

Depending on the Court issuing the order, you may be required to enter, complete and pay for, an alcohol treatment program. 

Special Conditions if BAC (the concentration percentage of alcohol in your blood) is over 0.18:

If your first DUI conviction involves a breath or blood alcohol reading that was .18or higher, then the court will normally impose:

1. A DUI evaluation that requires a $100 fee;
2. The Victim Impact Panel that requires a $40.00 fee; and
3. The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for twelve to thirty-six months;
4. Even if your breath or blood alcohol concentration was below .18, the court may order the Breath Interlock Device for 3 months to 6 months.
5. Based on the DUI assessment given in the DUI Assessment Program, the court will impose extensive counseling to address drug or alcohol issues.

When you are charged with a DUI second offense in Las Vegas, it is imperative that you have a knowledgeable, experienced DUI/Drunk Driving lawyer who is dedicated to you and your case so that you can properly deal with the charges you face. 

If you have been arrested or charged with a drunk driving offense in Las Vegas, Clark County or Nevada, contact our office right away to discuss your DUI case.  We will give you a free consultation to determine what needs to be done to get you the best result possible.  We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or e-mail to schedule an appointment.

Driving Under the Influence – Third or Subsequent Offense (Felony Offense)

The penalties for driving under the influence depend on whether you have a prior conviction for a DUI offense.  If you have previously been convicted of two (2) or more Drunk Driving/DUI/OWI offense within the past seven (7) years, the sentence is for your new conviction is “enhanceable.”  In other words, the punishment goes up for each offense.  The seven (7) year period is calculated from the arrest in the first case until the arrest in the current case.  If you are arrested for Drunk Driving/DUI/OWI after you have previously been convicted of two DUIs within the past seven (7) years then your case will be charged as a Felony (class “B”).  More importantly, this offense is a “non-probationable” offense, meaning that you are not eligible for probation and must go to prison. 

DO NOT JUST PLEAD GUILTY!

A third DUI offense, as with any Felony offense, is a very serious charge.  A felony conviction can impact a person for life.  A third DUI offense is even more serious than most other felonies however, because, if convicted, the person charged faces a mandatory prison sentence.  No probation, no house arrest.  Just real, hard time in the Nevada State Department of Corrections.  And despite what you may think, a DUI third offense is a mandatory prison felony even if you never got into an accident or hurt anyone.  Because of this fact it is absolutely imperative that someone charged with a DUI third offense speak to a knowledgeable, experienced and dedicated DUI defense lawyer to help them fight the charges they are facing.  Such a lawyer will know where to look for issues and potential defenses and won’t be afraid to go to Court and argue on your behalf.  Such an attorney can fight the following issues with your case:

1. The police did not have probable cause to stop you;
2. The Officers failed to perform the field sobriety tests at the scene properly;
3. Any statements made by you were obtained in violation of your Constitutional rights;
4. The machine that took your breath test was not properly used, maintained or calibrated;
5. The police lab failed to follow proper protocol in handling your blood sample and the testing of your blood sample;
6. The first two DUI convictions were not valid for enhancing your current case;
7. The previous DUI convictions cited by the prosecutor are too old, or not relevant to the charges in your current case;
8. Evidence in your case should be suppressed

All of these issues are ones that a competent and trained attorney DUI attorney will know how to spot and address.  There are many ways to fight your DUI charge, but you must have a lawyer with the “know how” and work ethic to be willing to tackle the issues head on.  Partner Josh Tomsheck with the Law Firm of Hofland & Tomsheck handles DUI cases on a daily basis.  Josh is a former Chief Deputy District Attorney and knows the Criminal Law system inside and out.  He can spot the issues and find defenses that can help keep you out of jail or prison.   Josh Tomsheck should be your first call if you are faced with a DUI charge and the potential of a prison sentence.  He will fight for you when other attorneys just say plead guilty.

“SHOULD I FIGHT THE CHARGE?”

 The simple answer is YES!  You shouldn’t just plead guilty to a DUI third offense because the consequences to doing so are devastating.  If convicted of DUI (driving under the influence in Nevada) and it is your THIRD or subsequent offense, there are minimum sentencing factors that the Court must impose. 

The minimum and maximum sentencing ranges for a DUI THIRD offense in Las Vegas, Nevada, are as follows:

“Prison / Jail time” or Incarceration:

For a Felony DUI third conviction the court must impose a sentence between one (1) year and six (6) years in the Nevada Department of Corrections, which is the State Prison system in Nevada.

Monetary Assessments and/or Fines:

For a Felony DUI third conviction the court must impose fines of at least $2,000.00 and as much as $5,000.00.  This is in addition to any court costs. 

Suspension of Driving Privileges:

For a Felony DUI third conviction the Court will Order the suspension of your driving privileges for three (3) to five (5) years.  This suspension means that not even a restricted driver's license is available until you have served at least one (1) full calendar year of the revocation after your release from custody.  After that period you are allowed to request a restricted license, but not until you provide proof that you have installed a breath controlled ignition interlock device on any car you drive and that you have obtained special auto insurance, called SR-22 insurance, which comes at a staggering cost compared to standard auto insurance. 
Additionally, for a DUI third conviction, the DMV has a mandatory duty to revoke your privileges to drive a motor vehicle for 3 years. 

Alcohol Treatment:

Depending on the Court issuing the order, you may be required to enter, complete and pay for, an alcohol treatment program. 

When you are charged with a Felony DUI third offense in Las Vegas, it is imperative that you have a knowledgeable, experienced DUI/Drunk Driving lawyer who is dedicated to you and your case so that you can properly deal with the charges you face. 

If you have been arrested or charged with a drunk driving offense in Las Vegas, Clark County or Nevada, contact our office right away to discuss your DUI case.  We will give you a free consultation to determine what needs to be done to get you the best result possible.  We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or e-mail to schedule an appointment.

Driving Under the Influence – Substantial Bodily Harm or Death (Felony)

In addition to the Drunk Driving/DUI charges detailed above, there is a separate crime recognized in Nevada for DUI Causing Serious Bodily Harm or Death.  This Crime is a Felony.  A very serious Felony. 

The law in Nevada states that if a person is convicted of DUI which causes substantial bodily harm, or death, in another person, it is a FELONY offense.  This is true even if the person charged has no criminal history whatsoever. 

The charge for DUI causing substantial bodily harm or death is a category “B” Felony, which is the second most severe level of Felony in Nevada law.  In this instance, such a crime is punishable by imprisonment in Nevada State Prison system for a minimum term of 2 years and a maximum term 20 years.  It also carries a fine of between $2,000.00 to $5,000.00.  More importantly, DUI causing substantial bodily harm or death is a non-probationable offense, meaning if you are convicted, you must go to prison. 

When someone finds themselves charged with the crime of DUI causing substantial bodily harm or death, it is extremely important that a qualified, dedicated and aggressive lawyer is obtained early on in the process to begin fighting the case.  There are several issues that are unique to this charge and anything less than a experienced and educated DUI lawyer may miss a chance to obtain the best result for the person charged. 

For instance, one of the essential issues in a DUI causing substantial bodily harm or death case is whether the charged driver who was allegedly intoxicated with alcohol or impaired by a controlled substance was the “proximate cause” of the serious bodily injury or death of the victim.  If not, then the conviction, and the 2-20 year prison sentence that comes with it, cannot stand.  Many lawyers, who do not specialize in DUI defense, do not know they have the right to present defense evidence that the person charged is not guilty of that element of the charge because something else caused the injury or death.  This is known as a superseding or intervening cause. 

This is just one of the many potential defenses to someone who is in the scary position of being charged with DUI causing substantial bodily harm or death. You need a lawyer who knows these issues and will fight on your behalf when faced with such a charge.  Partner Josh Tomsheck, of the Law Firm of Hofland & Tomsheck, is a former Chief Deputy District Attorney and a Member of the National College of DUI Defense. Attorney Tomsheck has made a career out of not being afraid to fight a case in the Courtroom in the interest of Justice. Attorney Tomsheck will do the same thing for you.

If you have been arrested or charged with a drunk driving or DUI offense in Las Vegas, Clark County or Nevada, contact our office right away to discuss your DUI case.  We will give you a free consultation to determine what needs to be done to get you the best result possible.  We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or Toll-Free 866-743-7305 or e-mail to schedule an appointment.

Contact Us

For experienced legal representation, contact Hofland & Tomsheck. We offer free initial consultations and are available for evening and weekend appointments. We also charge reasonable rates and accept credit cards. We handle all personal injury cases on a contingency fee basis. Our offices are conveniently located in downtown Las Vegas, just steps away from the federal and state courthouses. To contact our Las Vegas law firm, call (702) 895-6760 or Toll-Free: (866) 743-7305 or e-mail our office.

Hofland & Tomsheck
228 S 4th Street, 1st Floor
Las Vegas, NV 89101
Phone: (702) 895-6760
Toll-Free: (866) 743-7305
Fax: (702) 731-6910
Las Vegas Law Office
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