All You Need to Know About Henderson DUI Laws
Henderson is a city that was once separate and distinct from Las Vegas. However, with the huge population growth over the last thirty years, Henderson and Las Vegas have started to bleed together. The City of Henderson is a municipality in Clark County, Nevada. Incorporated in 1953, it currently has a population of around 300,000 people. The City of Henderson maintains its own jail, police force, and lab for testing blood. Henderson is in Clark County, so there is actually overlapping jurisdiction for criminal cases. The City of Henderson City Attorney's office and Clark County District Attorney's office can prosecute DUIs in Henderson. Henderson and Clark County are both still subject to Nevada's DUI laws. However, they often require different penalties for a first and second DUI.
Henderson DUI Jurisdiction - Where do I go?
Henderson is in Clark County, resulting in overlapping jurisdictions and two different courts. Where you were stopped and the severity of your DUI determines where the DUI is referred to. The two prosecuting agencies in the City of Henderson are the Henderson City Attorney's office and the Clark County District Attorney's office. The two jurisdictions are:
- Clark County: Henderson Justice Court
- City of Henderson: Henderson Municipal Court
Which court your Henderson DUI is referred to determines who prosecutes your case and what penalties they require for your Henderson DUI. The good news is, both courts are in the same building at the following location:
243 S Water St
Henderson, NV 89015
Henderson DUI in Clark County
A small number of first and second DUIs and all felony DUIs in Henderson fall into the jurisdiction of Clark County. In general, if you were stopped for a DUI on Interstate 215 or U.S. 95, then your Henderson DUI will go to the Henderson Justice Court to be prosecuted by the District Attorney. If your DUI caused substantial bodily harm, was a DUI 3rd, was a DUI that resulted in death, or if the DUI accompanied a more serious felony, your case would also end up in the Henderson Justice Court.
Henderson DUI in the City of Henderson
The Henderson Municipal Court receives the majority of misdemeanor DUIs and no felony DUIs. This is because the Henderson Municipal Court cannot hear matters deemed "serious," and a felony is considered serious. The Henderson City Attorney's office is who will prosecute your City of Henderson DUI. They will treat your DUI much more seriously than the District Attorney will because, in the Henderson Municipal Court, a DUI is one of the most serious offenses that they prosecute.
Henderson DUI Law
The City of Henderson police force can be very aggressive in apprehending people driving under the influence. Henderson is a relatively low-crime city and has earned awards as one of the safest big cities in the United States. The City of Henderson City Attorney's office will also aggressively pursue a DUI. You must speak with a Henderson DUI lawyer who can advise you of your rights and help you fight this case. In Henderson, a DUI is defined according to NRS 484C.110:
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. It is unlawful for any person who:
(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses 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,
If you were arrested in Henderson for a DUI based on alcohol, the City Attorney or District Attorney must prove that you were under the influence with a blood alcohol content above .08 and were in actual physical control of the car (this is a tricky one, and people are often surprised they can be arrested in Henderson for a DUI when they aren't even driving!) within two hours of testing the blood alcohol content. HOWEVER, it is also possible to be convicted of a DUI when your blood alcohol content is below 0.08 if you were too impaired to drive. To sum up, there are two ways a Henderson City Attorney or District Attorney can convict you of a DUI in Henderson:
- Per Se DUI: Having a blood alcohol concentration of.08 or above, measured within two hours of being in actual physical control of the car.
- Impairment Theory DUI: Blood alcohol content can be BELOW .08, but the driver was still too impaired to drive.
If you were arrested in Henderson for a DUI, you must speak with a Henderson DUI lawyer today! Charles Goodwin can help you fight your DUI case, and the earlier we begin, the better. Charles has already fought the City of Henderson and the District Attorney in the Henderson Municipal Court and the Henderson Justice Court too many times to count. He has the experience and the knowledge to get you to the right result.
Henderson DUI Penalties - Am I Going to Jail?
If you were arrested in Henderson for a DUI, then you have probably already been to jail. The penalties require that you spend at least 48 hours in jail for a first-time DUI, all the way up to six months. When you are arrested, that first time in jail counts towards any other required jail time. A DUI lawyer can often negotiate a DUI first not to spend any time in jail afterward. In addition to the 48 hours of jail, a first-time DUI requirement includes a DUI School, a Victim Impact Panel, and a fine between $400 and $1000. The penalties increase as the type of DUI increases. For example, a second-time DUI requires at least 10 days in jail. A third-time DUI, DUI resulting in substantial bodily harm, or a DUI resulting in death are category B felonies with mandatory prison time.
If you were arrested for a DU in Henderson and are concerned about what may happen, contact us today! Charles Goodwin is an experienced DUI attorney and has the experience and knowledge to help you navigate a first-time DUI. Hiring a DUI lawyer can help mitigate some of the penalties, get the case reduced, or be thrown out entirely. Call today for a free consultation!
If you have been arrested for a DUI in Henderson you probably have a million questions. Click on the link above to see some of those questions!