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A DUI arrest in Las Vegas moves quickly. A traffic stop on Boulder Highway, the Strip, or US-95 leaving Henderson can turn into a night at Clark County Detention Center, a bail hearing, and a seven-day clock to request a DMV administrative hearing before your license is suspended. The criminal case follows on its own timeline.
Ralph A. Schwartz, PC has defended DUI cases in Nevada since 1994. Ralph is a former insurance defense attorney, which means he spent years on the prosecution side of negligence and crash cases before pivoting to criminal defense and personal injury representation. That background shapes how he prepares every DUI defense. Every client works with Ralph directly, not an associate.
What to Do If You Were Arrested for DUI in Las Vegas
- Do not make additional statements to police without an attorney present.
- Note the seven-day deadline to request a DMV administrative hearing. This deadline is separate from any criminal court date and runs from the arrest date.
- Save any photos, dash-cam footage, body-cam footage, or witness contact information from the scene if you have access to it.
- Write down everything you remember about the stop, the field sobriety test, and the chemical test while the details are still fresh.
- Do not drive on a revoked license. Driving on a revoked license is a separate criminal offense under NRS 483.560.
- Call a Las Vegas DUI lawyer for a free consultation: 702-888-5291
How Nevada DUI Cases Work in Las Vegas Justice and Municipal Courts
A DUI arrest in Clark County triggers two parallel cases. Most drivers do not realize this until they have already missed an important deadline.
The criminal case begins with booking at Clark County Detention Center, bail and release conditions, and an arraignment date in either Las Vegas Justice Court, Henderson Municipal Court, North Las Vegas Justice Court, or Clark County District Court depending on the jurisdiction and severity of the charge. Felony DUI cases proceed to District Court after a preliminary hearing. The criminal case can take weeks to months and involves discovery (police reports, body-cam, dash-cam, chemical test results), motions, plea negotiations, and either a plea entry or trial.
The DMV administrative case is a separate, civil proceeding handled by the Nevada Department of Motor Vehicles, not the courts. The DMV receives notice of a DUI arrest and is set to revoke your driver’s license. You have seven days from the arrest date to request an administrative hearing under NRS 484C.230. If you miss that seven-day window, the revocation goes into effect automatically. That hearing is the only chance to challenge the license action before it takes effect.
Both cases proceed independently. You can win the criminal case and still lose the DMV case (or vice versa). Each requires its own preparation and its own strategy.
The Automatic DUI
Nevada has drunk driving (DUI) laws that automatically find you guilty if your blood alcohol concentration (BAC) hits .08%. No additional evidence or proof of being drunk or impaired is necessary. You will be arrested.
“Zero Tolerance” If You Are Under 21 Years Old
Nevada also has “zero tolerance” drunk driving laws targeting drivers under the state’s legal drinking age of 21. The law has no minimum BAC level for these drivers. If you have just .01% BAC and are underage, Nevada law deems you to be driving drunk or under the influence.
Drunk Driving Tests: Field Sobriety and Chemical Tests
There are two types of tests that Las Vegas police officers use when they suspect a driver may be intoxicated: “field sobriety” tests and chemical tests.
Field sobriety tests require a driver to perform a series of tasks to reveal impairment of the person’s physical or cognitive ability. Common field sobriety tests include: walking a straight line, heel to toe, or having the driver recite the alphabet backwards.
Chemical tests measure breath, blood, or urine to determine how much alcohol is in the driver’s bloodstream. Police officers often use a machine known as a “Breathalyzer” that measures a driver’s blood-alcohol concentration (BAC) by having the driver breathe into the machine. Other chemical tests, where urine and blood are tested for blood alcohol levels, can also be performed.
Chemical tests leave no doubt as to the blood alcohol content, while field sobriety tests (even on video) are subjective to the police officer’s determination of whether or not the driver is drunk.
What if You Refuse a Chemical Test?
If you refuse a Chemical Test, Nevada law allows the police officer to use “reasonable force” to get up to three (3) blood samples from you. However, you do have options: if it is your first offense, you can choose a breath test over a blood analysis – if a Breathalyzer is available. If you choose a breath test, you have to give at least two consecutive samples.
If it is not your first offense or if there are reasonable grounds to believe that you’ve caused the substantial bodily harm or death of another person, Nevada law mandates that you submit to a blood test.
In addition, if there is question of whether or not you are driving under the influence of a controlled substance (which could be prescription or illegal drugs), Nevada law requires that you submit a blood or urine test, or both, in addition to the breath test.
Common Nevada DUI Defenses
Every DUI case is fact-specific. Ralph reviews the police report, body-cam footage, chemical test results, and any video evidence before recommending a defense strategy. Common defense angles include:
- Challenging the traffic stop. Police need reasonable suspicion to pull a driver over. If the stated reason for the stop does not hold up to review, evidence gathered after the stop can be suppressed.
- Challenging field sobriety tests. Standardized field sobriety tests are designed for specific surface conditions and physical ability. Uneven pavement, footwear, weight, age, medical conditions, and officer training all affect results. Video footage from body-cam or dash-cam is often essential.
- Challenging breath or blood test results. Breathalyzer machines require regular calibration. Blood draws require strict chain-of-custody handling under Nevada law. Calibration logs, maintenance records, and chain-of-custody documentation can be subpoenaed and scrutinized.
- Rising-BAC defense. Alcohol absorption continues after drinking stops. A driver who was below 0.08 at the time of driving may have tested above 0.08 by the time of the chemical test 30-60 minutes later. Expert toxicology testimony can establish this.
- Implied-consent procedural violations. NRS 484C.160 requires specific advisements and procedures during chemical testing. Procedural failures can lead to suppression.
- Constitutional challenges. Miranda warnings, search-and-seizure issues, and confrontation-clause challenges to lab analysts all apply.
What Makes Ralph Schwartz Different in a Las Vegas DUI Case
Ralph A. Schwartz is a former insurance defense attorney. Before representing criminal defendants and injury victims, he spent years defending insurance companies in negligence and crash cases. That background gives him an understanding of how prosecutors and chemical-test lab analysts assemble their evidence, and how to attack it.
Admitted to the Nevada Bar in 1994 and the Pennsylvania Bar in 1993, Ralph has practiced in Clark County for over 25 years. He has tried cases in Las Vegas Justice Court, Henderson Municipal Court, North Las Vegas Justice Court, and Clark County District Court. Every client works with Ralph directly, not handed off to an associate.
DUI Sub-Practice Areas We Handle
Second-Offense DUI Mandatory minimum jail time, longer license revocation, and required ignition interlock make second-offense DUI a different defense problem than a first offense. Read about second-offense DUI →
Third-Offense DUI (Felony) A third DUI within 7 years is a felony charged in Clark County District Court with a Nevada State Prison sentence on the table. Read about third-offense (felony) DUI →
DUI with Injury or Death DUI causing substantial bodily harm is a Category B felony with 2-20 years in prison and parallel civil exposure. Read about DUI with injury →
Prescription Drug DUI Lawfully prescribed medication can still support a DUI charge in Nevada if it impairs driving ability. Defense strategy differs from alcohol DUI. Read about prescription drug DUI →
Commercial Driver’s License (CDL) DUI A CDL holder faces additional federal and state consequences including disqualification from commercial driving for 1 year on a first offense and lifetime disqualification on a second. Read about CDL DUI →
Frequently Asked Questions
How long do I have to act after a DUI arrest in Las Vegas? You have seven days from the arrest date to request a DMV administrative hearing under NRS 484C.230. The criminal case follows its own timeline, typically with an arraignment within 30 days.
Can a Las Vegas DUI be reduced to reckless driving? In some first-offense cases with mitigating facts (low BAC, no accident, clean prior record), a plea to reckless driving with a substance-related enhancement may be possible. Whether it is realistic depends on the specific evidence, the prosecutor, and the court.
What happens if I refuse a breath or blood test in Nevada? Nevada has implied consent under NRS 484C.160. Refusing a chemical test triggers an automatic license revocation and the officer is authorized to use reasonable force to obtain a blood sample under certain circumstances. Refusal can also be used as evidence at trial.
How much does a Las Vegas DUI lawyer cost? The consultation itself costs nothing. Fees for DUI defense are explained at the free consultation and depend on the case complexity (first, second, third offense, felony, motion practice, trial). The fee structure is disclosed in the written engagement.
Does Ralph handle DUI cases in Henderson and North Las Vegas? Yes. The firm represents drivers in Las Vegas Justice Court, Henderson Municipal Court, North Las Vegas Justice Court, and Clark County District Court.
Talk to a Las Vegas DUI Lawyer Today
The DMV hearing deadline is seven days. The criminal case starts at arraignment. The earlier the defense begins preparing, the more options remain available.
Schedule a Free Consultation or Call 702-888-5291
Free consultation. Fee structure explained at consultation. Se habla español.