Alcohol Offenses

Many states still have laws regarding public intoxication. Nevada is not one of these states. In fact, the state has a reputation for being quite liberal about alcohol. Standard grocery stores can sell liquor, and there are no time restrictions for dedicated liquor stores. They can be open 24/7. Nevada even allows its citizens to openly drink in public, which many other states do not.

With all these facts taken together, it’s not surprising to find that simply being intoxicated in public is not a crime.

The problem, however, is the unruly behavior that often accompanies drunkenness. Nevada may not specifically criminalize drunkenness, but citizens can be arrested for disorderly conduct.

Nevada’s Disorder Conduct Penalties

Disorderly conduct is a broad charge. It can include acts such as disturbing the peace, challenging someone to a fight, and harassing others.

In Nevada, disorderly conduct is a misdemeanor, punishable by up to 6 months in jail and fines as high as $1,000.

Even though it is officially part of the potential consequences, jail time for disorderly conduct is rare in Nevada. Typically, courts put people in jail only if they are repeat offenders or if they miss appointed court dates.

Charges That Could Be Reduced

In some scenarios, your attorney could help you argue a misdemeanor battery charge down to a disorderly conduct charge.

If successful, this reduction in charges could have great benefits. First, it makes your record look better. Battery carries a strong stigma, insinuating that the alleged offender is a violent, unpredictable person. Potential employers and landlords can see a battery charge on your record and dismiss you outright.

Next, it is much easier to seal a disorderly conduct charge, erasing it from your record. Nevada allows you to seal these charges after one year, but you must wait two years to seal a battery conviction.

Defending Against a Disorderly Conduct Charge

Many effective strategies can help you fight this allegation.

You Did Not Disturb the Peace

Because disorderly conduct definitions are so broad, they are also easy to dispute. You could reasonably lay out the facts of your case, demonstrating that the arresting officer overreached. Put simply, your behavior may have been annoying, but that doesn’t make it illegal.

False Accusations

Police do not always have to witness a crime to make an arrest. Perhaps, in a drunken state, you irritated someone, and that person then accuses you of disorderly conduct. The police make an arrest based on someone else’s incorrect allegations.

Mistaken Identity

In a crowded bar, it’s easy to mistake one person for another. Perhaps someone else was engaged in some truly unruly behavior, and you took the blame.

Breach of First Amendment Rights

If someone is drunkenly wobbling in the streets, screaming threats, and cursing, police could reasonably arrest them for disorderly conduct. However, someone could get into a heated, civil discussion and voice an offensive opinion. If this results in an arrest, it could be a violation of this person’s First Amendment rights.

Our firm helps defend Nevada citizens from misdemeanor and felony accusations. If you need help, you can schedule time with us online or call us now at (775) 502-1575.

Being pulled over on suspicion of driving under the influence can be an anxiety-inducing experience. Remaining calm and following the steps outlined in this article can help.

Thinking Ahead & Acting Accordingly

When someone is pulled over on suspicion of driving under the influence, their behavior during the traffic spot can influence the outcome of the investigation. Following these steps can help you avoid making the situation worse:

• Pull over safely: As soon as an officer turns on their lights to pull someone over on suspicion of DUI, they will be paying attention to every move the driver makes. If someone pulls over erratically, long after the officer turns on their lights, or in an unsafe manner, the officer’s suspicion may increase. Drivers should use their turn signal and pull over cautiously.
• Stay in the vehicle: Once they’ve pulled over, drivers should remain in their vehicle unless instructed otherwise. Their hands should be placed on the steering wheel where they are visible to the officer.
• Don’t make sudden movements: Officers are on high alert when they pull someone over. Sudden movements from the driver could give the officer reason to believe the situation is dangerous.
• Be polite to the officer: Traffic stops tend to be easier when the person being pulled over is polite to the officer and treats them with respect. Being rude or noncompliant is not in the driver’s best interest.
• Do not admit to drinking: It is a driver’s constitutional right to remain silent. As such, it is acceptable for a driver to tell a police officer that they only feel comfortable speaking in the presence of an attorney. Approaching the situation in this manner will prevent drivers from making incriminating statements.
• Do not consent to field sobriety tests: The National Highway Traffic and Safety Administration recognizes three types of field sobriety tests; the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. These tests are notoriously easy to fail, and even some sober people are incapable of passing them. Failing these tests is likely to reinforce an officer’s belief that a driver is intoxicated, so you may want to exercise your right to refuse the test.
• Do not consent to a PAS: A PAS, also known as a preliminary alcohol screening device, is used to test a driver’s breath to determine a preliminary blood alcohol concentration. A PAS test administered by an officer on the scene is intended to help the officer determine whether there is cause for arrest, but it is not as effective or accurate as the tests that will be run at the station. You are not required to consent to a PAS test.
• Take the tests at the station: If someone refuses to take the blood alcohol concentration tests once they arrive at the police station or hospital, their driver’s license will be automatically suspended for a full year. It’s also worth noting that an officer can get a search warrant for the testing, so it’s unlikely that refusal will prevent the tests from happening.
• Contact an attorney: Anyone who has been pulled over and arrested on suspicion of driving under the influence should contact an experienced DUI attorney as soon as possible. Attorneys can help by collecting evidence, searching for police errors, and more. They can be invaluable when it comes to preventing the long-term consequences of a DUI arrest.

Fighting On Your Behalf

If you’ve been arrested for a DUI and need legal counsel, contact the Law Offices of Kenneth A. Stover today. Our legal team has an in-depth understanding of toxicology and the procedures used in DUI cases. Call us or contact us online for your free consultation.

In the United States, driving is a privilege, and each state has the ability to revoke that privilege if they feel a driver has acted irresponsibly. Licenses are issued based on certain requirements and with certain rules in place. Failing to meet those requirements or breaking the rules can lead to losing a license. Penalties are especially strict for drivers who lose their privileges due to a DUI. The loss of driving privileges can be devastating for certain people and getting them back can be difficult. However, it is a possibility in some cases, and certain legal strategies can be used to help aid in this process.

Driver’s License Requirements in Nevada

Each state has distinct requirements for issuing driver’s licenses. In the state of Nevada, the requirements to receive a driver’s license are as follows:

• First, the person seeking a license must apply for a Nevada Instruction Permit, which is the steppingstone to a full Driver’s License. To be eligible for the permit, a person must:
  • Be able to provide proof of their identity
  • Live in the state of Nevada and provide a Nevada address
  • Inform the Department of Motor Vehicles of any preexisting permits or identification cards
  • Apply for the permit in person at a Department of Motor Vehicles location
  • Pay the required fees, which are applicable to testing and the permit itself
  • Pass a vision test
  • Pass a written knowledge test
  • Have their picture taken
• If the applicant is younger than 18, they must complete a driver’s education course. This requirement can be fulfilled by taking a course and completing 50 hours of supervised driving, or solely by 100 hours of supervised driving.
• After a permit is granted and all requirements have been met, an applicant can take a driving skills test to receive a full driver’s license.

Why Would Someone Lose Their Driving Privileges?

To ensure that roads are safe for all drivers, the state of Nevada penalizes those who drive under the influence, who do not maintain their vehicles in a safe manner, and/or who otherwise endanger other drivers. In some cases, the state will remove someone’s driving privileges as punishment. Here are the most common reasons driving privileges are revoked:

• Driving under the influence: Anyone caught driving under the influence of drugs or alcohol will have their license suspended. The duration of the suspension depends on how severe the violation was.
• Refusing a chemical test: If someone is pulled over on suspicion of a DUI and they refuse to comply with chemical testing, their license will be suspended.
• Driving without a license: If someone is driving without their license on them, their driving privileges can be suspended.
• Driving with a suspended license: Anyone caught driving with a license that has already been suspended will see the duration of their suspension increase, and they may receive a prison sentence of up to 5 years in length. The amount of time added to their license suspension will depend on why their license was initially suspended.
• Driving uninsured: Proper insurance is a legal requirement for all vehicles in Nevada. If a driver is caught operating an uninsured vehicle, their license may be suspended.
• Violating driving-related laws: If someone engages in any activity that qualifies as reckless driving, if they are at fault in certain accidents, if they are involved in street racing, and more, they can find themselves with a suspended license.
• Failure to pay: If someone fails to make payments on certain government-mandated accounts, such as child support, traffic tickets, or car registration, their license may be suspended. This also applies to anyone who tries to pay these fees with a check that bounces.
• Disqualification due to physical or psychological reasons: If the DMV determines that a person is temporarily unfit to drive, physically or mentally, they may suspend that person’s license until they have regained the faculties needed to safely operate a vehicle. The DMV can order re-evaluations to make such determinations.

License Suspensions Due to DUIs

All drivers convicted of a DUI will face a license suspension; the length of their suspension will be based on a few key factors. These factors include whether it was their first DUI and whether it was considered a felony DUI. Some of the terms regarding license suspensions for DUIs in Nevada are as follows:

• A driver convicted of their first DUI (or first DUI within 7 years) will have their license suspended for at least 185 days. However, many defendants in this situation are allowed to continue driving if they consent to installation of an ignition interlock device in their vehicle.
• A driver convicted of their second DUI within 7 years (including DUIs they received in other states) will have their license suspended for one full year. There is no option for drivers in this situation to continue driving with an ignition interlock device or otherwise.
• A driver convicted of a felony DUI will have their license suspended for 3 years. Many drivers in this situation are allowed to begin driving again after the first year if they consent to an ignition interlock device.

Felony DUI is one of the most serious driving offenses, and the license suspension that follows is the most serious in conjunction. A felony DUI in Nevada could be a 3^rd DUI within 7 years, a DUI that resulted in death or injury, any DUI that happens after a felony DUI conviction, or a DUI that results in vehicular homicide.

Getting a Suspended License Reinstated After a DUI

The process of getting a license reinstated after it was suspended due to a DUI can be difficult, but following the rules laid out by a judge and being patient can help make it happen as soon as possible.

As stated earlier, certain drivers can begin driving again before their suspension is over by opting for an ignition interlock device. However, the driver is responsible for all fees associated with the device, including the $150 installation fee and $75 worth of monthly fees for monitoring and calibrating the device.

Any driver seeking the reinstatement of their license after a DUI-related suspension will have to prove to the DMV that they still hold valid insurance for their vehicle. They may also be required to pass a written test, and they will have to pay reinstatement fees to the DMV.

Restricted License

Some drivers who had their license suspended due to a DUI will be eligible for a restricted driver’s license once they have served half of their suspension. A restricted license will allow eligible persons to drive themselves to their place of work, school, the doctor’s office, and to grocery stores. This option is only available to drivers with ignition interlock devices in their vehicles.

Once the DMV has proof of a device in an eligible driver’s vehicle, they can issue that driver a restricted license. The specific restriction the license will hold is restriction Y. This option is not available to drivers beyond their first DUI conviction.

If someone violates their restricted license, they may face the following penalties:

• A jail sentence between 30 days and 6 months
• House arrest between 2 and 6 months
• Fines between $500 and $1000

Contact an Attorney Today

If you have been pulled over for a DUI and have lost your driving privileges, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience serving drivers in Nevada, our knowledgeable attorney is ready to fight tirelessly on your behalf to get your driver’s license reinstated. We understand that DUI convictions and losing driving privileges can significantly impact your life for a long time, which is why we make it our goal to re-establish your driving privileges as quickly and efficiently as possible. Contact us for a free consultation today at 775-502-1575 or via our online contact form.

From enjoying the nightlife in Las Vegas to gambling in Reno or vacationing in Lake Tahoe, Nevada has plenty of fun activities to offer its visitors. Unfortunately, some tourists end up being arrested for criminal offenses, which means there is a significant possibility of having to travel back and forth from their home state or country back to Nevada.

If you are a visitor in Reno or Nevada in general and are currently facing criminal charges, it is in your best interest to obtain a local criminal defense attorney to protect your rights and freedom. A local lawyer can evaluate your case, determine all available legal options, inform you of the penalties upon conviction, and help you obtain the best possible outcome.

Furthermore, and perhaps the most important reason to obtain local counsel, you DO NOT have to show up for your court dates in Nevada if you are represented by a local lawyer. If you were arrested and bailed out of jail, your bail bondsman informed you that you are required to attend every court hearing to avoid bondsman fees, a bench warrant, and incarceration. The bondsman is also supposed to tell you that an attorney can appear on your behalf on most court hearings.

The initial court hearing--known as arraignment--is when the defendant pleads “guilty,” “not guilty,” or “no contest” to the alleged criminal charges. From there another court hearing is scheduled, which either consists of plea deal negotiations or a trial date if both parties cannot reach a plea bargain.

This first hearing is often brief and not the best opportunity to argue your case. It is wise to save time and money by staying at home, while a local lawyer appears for you at your initial court appearance. The best case scenario is that you never have to return to Nevada at all for any subsequent hearings.

Keep in mind, this often applies to misdemeanor criminal charges such as DUI, public intoxication, simple battery, destruction of property, or trespassing. Fortunately, this also applies to felony charges as well, including drug possession and casino-related crimes.

If you have been arrested for a crime in Reno or Lake Tahoe and do not reside in the area, contact our experienced criminal defense attorney at the Law Offices of Kenneth A. Stover today.

People often think of DUIs and bar fights as the kind of legal trouble drinking can cause. However, drinking alcohol isn’t the only way people can face alcohol-related charges. In fact, just having a bottle of beer in your possession can end in a criminal arrest due to open container laws.

What Constitutes an Open Container?

State statutes define an “open container” as any alcoholic container with a seal broken or that has been opened. If a container is opened, but someone places a top back onto it, the vessel is still considered open if it can never be fully closed or sealed again. Therefore, if a bottle of beer is opened, but someone puts the cap back on the bottle, it is still technically open in the eyes of the law.

Examples of open containers include:

• An uncorked bottle of wine
• A can of beer/wine with an open tab
• A liquor bottle with a broken seal/ unscrewed cap
• A plastic cup (such as a SOLO cup) filled with alcohol

Nevada Open Container Law

In Nevada, an open container is illegal to have in a vehicle and out in public spaces. A driver cannot use ignorance as a defense to an open container charge: even if the container is in the back seat or a passenger’s hands.

If a driver is charged with an open container violation, he or she could face fines and up to 6 months of jail time. Additionally, prior convictions can increase the penalties of this offense.

In regards to carrying an open container in public, the circumstances and location of the offense will impact the potential charges. In some cases, carrying an open container in Nevada is perfectly legal (like on the strip of Las Vegas). In other cases, carrying an open container can result in a criminal charge. Therefore, it is crucial you identify where and when carrying an open container is legal before you go out.

Protecting Your Rights

If you or someone you love has been charged for carrying an open container, you have the right to defend your case. Contact the Law Offices of Kenneth Stover for experienced legal representation in all alcohol-related matters.

Call (775) 502-1575 now for a free consultation concerning your case!

If you’re not from Nevada originally, you’re probably used to strict liquor laws. Bars in your home state probably have a state-mandated “closing time” and some stores might not even sell beer or hard liquor. You may have to go to an actual liquor store to buy a bottle of Merlot or Jack Daniels.

While the legal drinking age in Nevada is 21 and it’s against the law to drive under the influence of alcohol or drugs just like other states, most of Nevada’s other liquor laws differ from the rest of the country. Visitors in Reno may discover that Nevada’s alcohol-related laws are a lot more relaxed than most states.

Most notably, beer, wine and liquor can all be purchased at Nevada grocery stores. Liquor can be sold 24 hours a day, seven days a week by licensed establishments, and bars do not have to close by any specified time. They can be open all night.

What About Public Intoxication?

Many if not most states have laws outlawing public intoxication, but that’s not the case in Nevada. Under NRS 458.260, the act of public intoxication or being a “drunkard” is not a public offense and cannot be treated as such by any ordinance of a town, city, or county.

The above means that throughout Nevada, state law prohibits any city or county ordinances making public intoxication a public offense. However, it is illegal to drive a motor vehicle while intoxicated by drugs or alcohol – DUI is still highly frowned upon.

What you need to know about Nevada’s alcohol laws:

1. Driving under the influence (DUI) with a blood alcohol concentration (BAC) of .08% is against the law; however, someone can still be convicted of DUI with a lower BAC.
2. Minors cannot be in the area where liquor is sold, including casinos, bars, and hotels.
3. Minors cannot enter bars and taverns where liquor is sold.
4. It’s illegal for a minor to present a fake ID.
5. It’s illegal for adults, including parents, to provide minors (under the age of 21) with alcohol.

Are you facing DUI or alcohol-related charges in Reno? If so, contact us at (775) 502-1575 to schedule a free case evaluation.