Most Recent Posts from March, 2021
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There are two main forms of crimes in Nevada: misdemeanors and felonies.
Although felony crimes are more serious and result in harsher criminal
penalties in comparison with misdemeanor offenses, getting convicted of
either can lead to a permanent mark on your criminal record, which can
make obtaining employment, applying for a college or university, seeking
a loan, or living a normal life very difficult.
A misdemeanor conviction in Nevada is punishable by less than a year in
jail and thousands of dollars' worth of fines. There are two main
types of misdemeanors: (simple) misdemeanors and gross misdemeanors.
The following are the penalties associated with each misdemeanor in Nevada:
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Misdemeanor – Considered the least serious misdemeanor, a simple misdemeanor
carries a maximum jail term of six (6) months and a fine not exceeding $1,000.
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Gross misdemeanor – As the most serious misdemeanor, a gross misdemeanor carries a
jail sentence of up to 364 days and a maximum fine of $2,000.
Additionally, there are certain offenses known as “wobblers,”
which means they can be charged as either a gross misdemeanor or a felony.
Determining whether a crime is a gross misdemeanor or a lower-level felony
falls on the court.
A felony conviction in Nevada is punishable by incarceration in state prison
or death. There are five types of felonies: Category A, B, C, D, and E felonies.
The following are the penalties associated with each felony in Nevada:
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Category A felony – Considered the most serious felony, category A felonies carry
the death penalty or life imprisonment.
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Category B felony – This type of felony carries a maximum prison term of 20 years.
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Category C felony – This type of felony carries a prison sentence of up to five (5)
years and a maximum fine of $10,000.
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Category D felony – This type of felony carries a maximum prison term of four years
and a fine of no more than $5,000.
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Category E felony – Considered the least serious felony, category E felonies carry
the penalties as a category D felony, but often result in probation.
Misdemeanors & Felonies in Nevada
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If or when the police in Nevada pull you over for suspected
DUI, officers will typically ask you to perform one or more field sobriety
tests (FSTs) to determine if you are under the influence of alcohol and/or
drugs. The National Highway Traffic Safety Administration (NHTSA) developed
three standardized tests and police officers are provided detailed instructions
on how to administer and score each test.
The following are the three standardized FSTs the police may administer:
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One-legged stand (OLS) test – The officer will instruct you to stand in place with one leg six
inches off the ground and then count to 30 by “thousands”
(i.e., one one-thousand, two one-thousand, etc.). The police will look
for certain clues of intoxication, such as putting your foot down, hopping,
using your arms to balance yourself, or swaying while balancing yourself.
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Horizontal gaze nystagmus (HGN) test – The officer will instruct you to keep your eyes fixed on his/her
pen, flashlight, or finger as it moves from side to side. The police will
observe your pupils for an involuntary jerking known as “nystagmus”
that is generally interpreted as a sign of impairment.
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Walk-and-turn (WAT) test – The officer will instruct you to take nine (9) heel-to-toe steps
and then you are required to keep one foot on the ground and pivot around
before taking nine (9) steps back in the same manner. You must also count
the number of steps aloud. The police will look for certain clues of impairment,
such as balancing difficulties, not being able to walk heal-to-toe, taking
less or more than nine steps before turning around, or stepping out of line.
It is important to understand that you can politely decline the FSTs without
facing additional penalties. However, you will likely still be arrested
– but at least the officers do not have the FST results to use against
you in court.
Do I Have to Take a Field Sobriety Test in Nevada?
