Driving Under the Influence

A law enforcement officer can ask a DUI suspect to perform certain exercises or tasks in order to test the coordination and concentration abilities of the suspect. A person is not legally required to do the Field Sobriety Tests, but they can be helpful in demonstrating that a person is not under the influence of intoxicants.

Nevada’s “Implied Consent Law” provides that any person who applies for and gets a Driver License is deemed to consent to testing for intoxicants so the Department of Motor Vehicles (DMV) can decide whether or not to revoke the driving privileges. A Preliminary Breath Test (PBT) is given by an officer having the suspect blow into a measuring apparatus to give an initial indication of the presence of alcohol in one's breath.  A PBT reading can give an officer probable cause to investigate further for a DUI arrest and prosecution.

Blood tests, breath analysis and urine tests can be performed to determine the presence of alcohol or drugs in one’s system for purposes of criminal prosecution. Those tests are administered at the Washoe County Detention Facility (Jail)  after a suspect has been arrested. If an arrestee refuses all testing, law enforcement officers can obtain a telephonic Search and Seizure Warrant for Blood, issued by a Judge.

DUI’s adjudicated in Sparks Municipal Court are Misdemeanors, punishable by a maximum sentence of 6 months in jail, $1,000 fine, 200 hours of Community Service, or any combination. There are also minimum penalties.

1. At least 2 days in jail or 48 hours of Community Service;
2. A fine of not less than $400, plus fees and assessments;
3. A $60 chemical testing fee for tests conducted at the jail at time of arrest;
4. A $100 state fee
5. Mandatory attendance in-person at a Victim Impact Panel (VIP) presentation;
6. An Alcohol/Drug awareness class or a period of counseling, as determined by a Judge
7. Additionally, whenever the BAC is over .18%, the Judge can order the driver to install a Breath Interlock Device (BID) on one’s vehicle;
8. A suspended sentence of up to three years may be imposed restrictions on alcohol or controlled substance use of possession may be imposed.

If a second offense is committed within seven years of the first offense is still a Misdemeanor, but has increased minimum penalties:

1. 10 days in jail or 20 days of House Arrest;
2. A fine of no less than $750, plus fees assessments;
3. A $60 chemical testing fee for tests conducted at the jail at time of arrest;
4. Mandatory attendance in-person at a Victim Impact Panel (VIP) presentation;
5. A period of counseling, as determined by a judge;
6. Installation of a BID is required.

If a driver is under 21 years of age, or has a BAC over .18%, or is charged with a Second Offense DUI, Nevada law requires that, before sentencing, a state-certified evaluator must perform a Substance Abuse Evaluation to recommend to the Judge the appropriate level of treatment needed by the defendant.

Other requirements for a first DUI may be imposed;

A third offense committed within seven years of the first and second offenses, is prosecuted as a Category B Felony in Nevada. That is punishable by a possible prison sentence of one to six years in the custody of the Department of Corrections and a fine ranging from $2,000 to $5,000. If a death or substantial bodily harm is caused during any DUI, that is also a felony, punishable by a prison sentence ranging from 2 to 20 years, with no probation allowed. Those are prosecuted by the Washoe County District Attorney and adjudicated by the Second Judicial District Court, not the Sparks Municipal Court.

The DMV can take away one’s driver License for 90 days upon conviction of a First Offense DUI, or for one year upon conviction of Second Offense DUI. A Third Offense Felony DUI results in a 3 year loss of driving privileges. That is done in separate administrative proceedings and is not a decision made by the Court. A person who drives on a suspended or revoked license faces severe fines, and if the license was lost due to a DUI, could also face a mandatory 30 days in jail or 60 days House Arrest and a fine of $500 to $1,000. The license then is suspended for an additional year, as well. To get one’s license again, the driver must pay DMV a reinstatement fee, take tests again, and provide proof of insurance for three consecutive years.

The State Bar of Nevada’s Lawyer Referral and Information Service (1800-789-5747) or www.nvbar.org provides names of attorneys who handle DUI cases.

These are the options available for resolving an outstanding warrant at the Court:

• Surrender yourself to the Washoe County Jail at 911 Parr Blvd. You will be seen by a judge within forty-eight (48) hours. After hours bail can be posted in full at the jail.
• Post full bail at the court and receive a new arraignment date.
• Post and forfeit bail at the court (depending on the charge).
• File a motion at the court and bring as much money as possible with you for posting.
• The Court may require incarceration in lieu of accepting bail.

If you have any questions regarding resolving a warrant on your case or you have any information about an individual who has an active warrant with the Sparks Municipal Court, call the Marshal division at (775) 353-2365.

Please note: with an active warrant, you are subject to arrest 24 hours a day. You can also be arrested at the courthouse.