Will I Go To Jail for a DUI First in Henderson?
A Henerson DUI can be scary. Chances are you had already spent some time in jail when you were arrested. After what is, for most people, a horrible experience, they want to know if they should be concerned about going back to jail. Unfortunately, the answer is not always very straightforward. The reason is the way that the penalties work in Henderson. Here, we'll discuss briefly the likelihood of going back to jail if you get a DUI in Henderson. We'll talk about the following:
- Standard Penalties for a DUI First in Henderson
- Henderson DUI First in Henderson Municipal Court and Henderson Justice Court
- How Can I Avoid Jail Time in Henderson for a DUI First?
Standard Penalties for a DUI First in Henderson
If you are convicted of a DUI First Offense in Henderson, you are subject to the statutory minimums for a DUI in Nevada and the penalties for a misdemeanor. From our section on the penalties for a DUI First in Nevada:
The penalties for a DUI First in Nevada are a fine between $400 and $1000, jail time of 48 hours to six months, enroll in and complete a DUI School, enroll in and attend a Victim Impact Panel, and install a breath interlock device for at least 185 days. If the BAC is .18 or higher, the enhanced penalties of attending an alcohol or substance abuse program and a breath interlock device for at least 12 months.
From those penalties, two things are not mandated: Jail time and the fine. The good news is in almost all circumstances; the court will suspend the jail time. That means there will be a suspended sentence if you do not complete your requirements or comply with a court order, such as staying out of trouble. If you do not complete the requirements or comply with the court orders, the judge can impose jail time. Of course, a Henderson DUI Lawyer might be able to get you out of that as well.
But what about the mandatory 48 hours? In most instances, a skilled DUI Defense attorney will get the 48 hours mandatory jail time as "credit for time served.".
It's important to know that the Henderson Justice Court and Henderson Municipal Court treat jail time for DUIs differently.
Henderson DUI First in Henderson Municipal Court and Henderson Justice Court
Henderson has two courts: The Justice Court and the Municipal Court. The Justice Court is administered by Clark County, and DUIs are prosecuted by the Clark County District Attorney. The Municipal Court is administered by the City of Henderson and is prosecuted by the Henderson City Attorney's office. These two agencies treat DUIs differently, and one of them can prosecute felonies.
Will I go to jail for a DUI First in Henderson Justice Court?
The Clark County District Attorney's office is responsible for every type of crime committed in Clark County. This includes small things such as disorderly conduct all the way up to first-degree murder. As such, they treat a DUI seriously but also have a better frame of reference for punishment for a DUI. They do not go easy on DUIs, but a skilled DUI Defense attorney such as Charles Goodwin can often point out the problems with their cases and negotiate the "statutory minimums" to avoid heightened penalties or even reduce the DUI. They often do not push for more jail time and give credit for time served when they are pushed because they handle murders, rapes, and crimes generally more serious.
If your DUI First is in Henderson Justice Court, then the likelihood of more jail time beyond the time spent after being arrested is low.
Will I go to jail for a DUI First in Henderson Municipal Court?
Henderson Municipal Court is a court that cannot hear "serious" matters. That means that it can only hear misdemeanors. It cannot hear gross misdemeanors or felonies. A DUI is one of the more serious matters that it hears. This is reflected in how they evaluate their cases. The Henderson Municipal Court will usually request additional jail time for a DUI in the following scenarios:
- There is an accident.
- The Blood Alcohol Content is extremely high.
In some instances, the City Attorney is requesting the additional jail time, which usually does not surpass 10 days. In others, it is the policy of the judge in the courtroom. Whatever the reason, there is a much more likely chance that the Henderson City Attorney will require additional jail time.
How Can I Avoid Jail Time in Henderson for a DUI First?
There are several different ways to avoid jail time in Henderson when you get a first-time DUI. Here are the ways:
- Hire a DUI Defense Attorney: The most obvious is to contact a DUI Defense attorney who knows the ins and outs of DUI science, law, and litigation. These attorneys can help push back against the prosecutor - whether from the City of Henderson or Clark County - to ensure that jail time is not on the table.
- Take the DUI to Trial and Win: This is another option to beat jail time, but you MUST have a DUI defense attorney to win these types of trials. A DUI is a very technical crime. Relying on an attorney who is not trained in DUI Defense can result in you getting a much more strict sentence.
- Diversionary Programs: This option can generally be exercised with a DUI attorney who knows the requirements. Several programs - including veterans court - can result in dismissal at the end and no jail time upfront. However, these can take more time.
A Skilled Henderson DUI Defense Attorney is Necessary
If you want to put yourself in the best position to beat a Henderson DUI, then you should be contacting Charles Goodwin at the Goodwin Law Group. He has the technical knowledge, courtroom experience, and legal knowledge to help you defend against a Henderson DUI. Relying on others to fight a DUI can have disastrous results. Many aren't aware of the diversionary programs available or the weaknesses in the cases before the judges. That's why you need an experienced attorney.