Henderson DUI Frequently Asked Questions
When you are arrested for a DUI in Henderson it can be overwhelming. You've already been to jail. Your license may have already been taken. You're hit with a lot of information and it can be difficult to sort it all out. Charles Goodwin is a DUI Defense attorney in Henderson who can help you sort out what you're facing. In his years defending DUI clients, he has been asked these questions several times. If you read through all of them, there is a good chance you will know more than most lawyers! Click the links below to get the answers to your questions.
There is a 48-hour mandatory jail requirement for a DUI First Offense in Nevada. That includes Henderson. However, a skilled DUI Defense attorney usually can have the jail time waived, or converted to community service. In addition to the 48-hour mandatory jail time, a DUI First Offense in Henderson is a misdemeanor that carries up to six months in jail. If you go to trial and lose, it is possible for additional jail time to be imposed - up to six months.
Henderson Courts also impose suspended sentences for DUIs. The Justice Court and Municipal Court treat DUIs differently. Click the link for more information or call today for your free case assessment.
It is possible for a DUI in Henderson to be a felony. If it is a DUI Third, DUI resulting in substantial bodily harm or injury, or vehicular homicide then it is a felony. A DUI first offense and a DUI second offense are both misdemeanors.
When you get a DUI in Henderson, two things will happen: The court will take action and the DMV will take action. The court will take actions that can result in jail time and restrictions on your liberty. The DMV will move to revoke your license. How fast they move depends on whether you were administered a breath test (instant revocation) or a blood test (waiting for the results back from the lab.)
A DUI in Henderson stays on your record for seven years. After seven years it can be sealed. It stays on your record for seven years because it is an "enhanceable" misdemeanor. This means another DUI (regardless of where) within seven years can result in enhanced penalties.
What should I do after I get a DUI in Henderson?
The first thing you should do if you get a DUI in Henderson is contact a DUI Defense attorney. Depending on what type of test you took, you could have your license revoked immediately. A Henderson DUI Defense attorney can get your license reinstated by appealing the decision. Additionally, there are a lot of court dates between the initial arrest and the case even starting. A DUI Defense attorney can handle that and get you back to your life until the case begins.
Why wasn't I read my Miranda rights when I was arrested for a Henderson DUI?
Police officers are only required to read Miranda rights in limited circumstances. Specifically, if a person is being detained or in a situation where they felt they could not have left. In most Henderson DUI cases a traffic stop is conducted. That is the reason for being detained. An investigation from there commences, and the officer makes a determination on impairment. They often will arrest based on their observations, but you can always refuse to conduct the field sobriety tests, the preliminary breath test, and even the evidentiary test. Refusing the preliminary breath test and the evidentiary test WILL result in a one-year revocation of your license.