Out-of-state visitors who experience a DUI charge in Nevada have the same penalties as Nevada residents, including license suspension. Since there is an Interstate Driver’s License Compact Contract between different DMV offices in various states, a DUI case in Nevada usually leads to a license suspension of out-of-state drivers in their home state.
Fortunately, out-of-state drivers do not have to return to Nevada to attend the court proceedings. Instead, their DUI defense attorneys in Nevada may appear in court for them in case of a DUI misdemeanor.
DUI defense attorneys in Nevada can negotiate a DUI conviction to a lesser charge (such as reckless driving) and may even get the charges dismissed without you having to appear before the judge. The typical penalties for 1st-time DUI offense for out-of-state convicts (which they can complete in their home state) include the following.
- Monetary fines ranging between $400 and $1,000,
- Attending a Victim Impact Panel and completing an online DUI school, and
- Avoiding further convictions or arrests while the case is still open.
DUI defense attorneys in Las Vegas are experienced in representing non-Nevada residents accused of a DUI charge. In each case, the objective of the defense attorney is to:
- Keep the defendant’s record clear of any DUI charges and
- Prevent driver’s license revocation as it impacts the driving privileges of the defendant in their home state.
In this post, we look at the answers to some of the frequently asked questions about DUI arrests in Nevada for out-of-state drivers.
Does a Non-Resident Have to Return to Las Vegas For Court Proceedings?
In most cases, the non-resident driver doesn’t have to return to Las Vegas for court proceedings if a local DUI defense attorney in Nevada represents their case.
Judges allow attorneys to appear on behalf of their client in misdemeanor DUI cases (1st and 2nd time a DUI offense is a misdemeanor unless the charge involves serious physical injury or death of another person).
Moreover, persons involved in Felony DUI charges may also be able to avoid court proceedings if they have a DUI defense attorney appearing in the court on their behalf. However, it depends on the case as well as the judge. Felony DUIs include a 3rd-time DUI offense or a DUI offense that results in the death or serious injury of another.
A Nevada-based DUI defense attorney may
- Make an appearance in court on the defendant’s behalf,
- Collect evidence for them,
- Create defense strategies,
- Present the case to the judge,
- Negotiate with prosecutors to reduce or dismiss the charges,
- Attend a Nevada DMV hearing.
In case of a plea bargain, the defendant can complete all the essential paperwork through the mail. However, if the case goes to trial, the defendant must attend the court meeting in Nevada to complete the DUI court process. Typically, most DUI cases are resolved without going to trial.
Does an Out-of-State Resident in Nevada Need to Hire a DUI Defense Attorney?
There is no legal requirement to hire a DUI defense attorney. However, a defendant who doesn’t hire an attorney may experience the following disadvantages:
- The defendant must personally appear before the court for the initial and all subsequent hearings. It can turn out to be a disadvantage for anyone living in another state as they will have to miss work to attend court meetings, along with spending a hefty amount on travel.
- The chances of fighting and winning the case are much lower without hiring an attorney.
- When defendants are represented by counsel, they have a better chance of negotiating and talking to the prosecutor.
- A DUI defense attorney can come with multiple possible DUI defenses and will likely get the charge reduced or even dismissed. Some of the possible defenses include lack of probable cause, misconduct of law enforcement, inappropriate administration of field sobriety tests, or faulty test results due to certain medical conditions.
Defendants who choose to represent themselves without an attorney can also ask the court to appoint a public defender to defend their case. However, typically public defenders do not have as much time and resources as private attorneys to investigate and present the case in court.
What Happens If a Non-Resident Ignores Their DUI Case?
If a non-resident ignores their DUI case in Nevada, the judge will order a bench warrant which requires the defendant or their attorney in Nevada to show up on the court hearing date.
If the defendant returns to Nevada and gets pulled over, the police officer will look up their name and carry out the bench warrant by arresting them. The driver will then be held in jail until the DUI case is resolved.
The only way to get away with a bench warrant is to request a court hearing which persuades the judge to recall the bench warrant.
In case of a misdemeanor DUI, the defendant with a bench warrant typically doesn’t have to appear at the court hearing if their legal representative is there.
The judge usually agrees to call off the bench warrant as long as the defendant doesn’t have a history of skipping appearances in court.
Can a Non-Resident Driver Get Extradited?
A non-resident driver can get extradited by the police in Nevada. However, it only happens when the defendant is facing felony DUI charges.
Non-resident defendants in Nevada facing misdemeanor DUI are less likely to be arrested by out-of-state police. However, it can happen.
Extradition is a complicated legal process that involves a warrant by the governor and requires collaboration between the police agencies and attorneys in different states and districts.
Does a Non-Resident Have to Return to Las Vegas to Hire an Attorney?
DUI defense attorneys in Las Vegas offer telephonic consultations to individuals charged with DUI in Nevada. We discuss the specific details of the case over the phone and recommend possible defenses which can help reduce or dismiss your DUI charge.
If the defendant chooses to hire our firm for their legal representation, we send an email for an agreement which they can sign and return so we can take care of their entire case.
We allow access to lab reports, police reports, and other documents to our clients through our online client portal and then set up telephonic meetings to discuss the reports and plan strategies for case proceedings accordingly.
What Happens to a Driver’s License in Their Home State?
The home state typically imposes a penalty for the defendant, which is the same as the defendant would get in case of a DUI arrest in the home state. Most states penalize DUI defendants with driver’s license revocation or suspension.
Nevada doesn’t have the jurisdiction to suspend or revoke an out-of-state resident’s driver’s license, which is issued by other states. The only penalty that Nevada DMV can impose is suspending the driving privileges of the DUI defendant in the state of Nevada. However, in that case, the Nevada DMV is also required to inform the DMV in the defendant’s home state.
The Department of Motor Vehicles in Nevada follows the Interstate Driver’s License Compact. It is an agreement among the DMVs in various states to share information about DUI cases of residents of other states outside their home state so their driving privileges can be penalized accordingly.
For example, if a resident of California is arrested for DUI in Las Vegas, the DMV in Nevada will inform the DMV in California about the arrest. Consequently, California DMV will impose a license suspension on the resident in California.
It is critical for non-resident DUI defendants in Nevada to consult with an attorney in their home state to discuss how a DUI conviction in Nevada will affect their driver’s license in their home state.
Department of Motor Vehicles (DMV) Hearing
For every DUI conviction in Nevada, two separate cases are initiated, both of which are independent of each other. The two cases include the
- DMV case, which can lead to suspension of the driver’s license, and
- A criminal case, which can lead to imprisonment, monetary fines, and other penalties.
Even if the criminal court dismisses the criminal charge, the DMV in Nevada can still revoke your driver’s license. Moreover, the Nevada DMV will also update the defendant’s home state about the DUI charge, which can be contested through a DMV hearing in Nevada.
DMV hearings are administrative trials that allow the defendant to prove that he/she did not violate DUI laws in Nevada. The hearing calls for an administrative judge who proceeds with the meeting along with the defendant and their attorney. The hearing may also include witnesses to present evidence at the hearing.
Are DUI Standards Different for Out-of-State Defendants?
No.
State law in Nevada imposes the same standards and penalties for both local and non-resident drivers. It is a misconception about DUI laws that consuming “one drink per hour” will prevent a DUI charge and associated penalties. It doesn’t work that way.
It is against the state law to drive under the influence of alcohol or drugs. Even if the driver isn’t impaired, he/she can still be convicted of a DUI charge if
- They have a blood alcohol concentration of 0.08% or more, or
- An illegal amount of abused substance (drugs such as marijuana, heroin, cocaine, ecstasy, or methamphetamine) is found in the blood.
The criminal defense attorney for the defendant will convince the district attorney to drop the charge or reduce it to reckless driving. However, if the charge is not dismissed or reduced, standard DUI penalties will apply for non-residents (which tend to get more stringent with each subsequent DUI offense).
| DUI Offense in Nevada | Penalties |
| 1st Time DUI Offense in 7 years | Misdemeanor DUI Imprisonment ranging between 2 days and 6 months, or up to 96 hours of community service;Completion of DUI school in Nevada (can be completed online);Suspension of your drivers license for 185 daysMonetary fine up to $1,000 in addition to the court costs; andVictim impact panel |
| 2nd – Time DUI Offense in 7 years (even if the 1st offense is from another state) | Misdemeanor DUI Imprisonment duration ranging between 10 days and six months; Monetary fines up to $1,000;Victim impact panel; Suspension of drivers license for 1 yearA substance dependency evaluation, |
| 3rd– Time DUI Offense in 7 Years | Felony DUI Imprisonment of up to six years, and Monetary fines up to $5,000.Suspension of drivers license for 3 years |
| DUI offense resulting in the death or injury of another individual | Felony DUI Up to 20 years of imprisonment; and Monetary fines up to $5,000Suspension of drivers license for 3 years |
A large proportion of DUI defendants in Las Vegas are tourists who drive rented vehicles in the state. Hence, judges allow non-residents to complete the sentencing terms (such as community service or victim impact panel) in their home states.
Does a DUI in Nevada Count as a Prior DUI in Home State?
Every state has a different policy. However, it is possible that a DUI offense in Nevada can be considered a prior DUI in the defendant’s home state.
However, it depends on the time that has elapsed between DUI arrests.
Therefore, it is critical that non-residents seek legal assistance in their home state to understand the implications of DUI in Nevada on their likelihood of an arrest in their home state later.
Note that if a defendant is on probation in another state, a DUI case in Nevada may lead to probation revocation in that state.
Will DUI Conviction Show Up on the Defendant’s Record or Employer’s Background Check?
A DUI conviction for a non-Nevada resident shows up on the defendant’s employer background check, as employers do not run state-specific background checks.
All criminal case information pertaining to an individual is shared with all concerned state law enforcement agencies and local police throughout the country.
How Can a Non-Resident Seal a DUI Case in Nevada?
A non-resident in Nevada is required to wait for a certain period before sealing their DUI record. The duration of the wait depends on the DUI offense.
| DUI Offense in Nevada | Wait Time for Record Sealing |
| Felony DUI 3rd – Time DUI offense DUI resulting in death or serious injury | The record can never be sealed |
| Misdemeanor DUI 1st – Time or 2nd – Time DUI offense | 7 years after the DUI case ends |
| Reckless driving misdemeanor | 1 year after the DUI case ends |
| Dismissal of DUI case | No record sealing wait time |
Once a DUI case is sealed, the criminal case doesn’t appear on most background checks. However, certain agencies can access even sealed criminal records.
What if an International Tourist Faces a DUI Charge in Nevada?
International tourists visiting Nevada who are convicted of DUI charges are typically not required to return to the U.S. for court proceedings if they have hired a local attorney. In case the defendant decides to take a plea, the defendant can sign, attest, and courier the plea agreement to their attorneys in Nevada. Non-U.S. citizens would have to attend a trial. However, DUI trials are very rare.
Moreover, international defendants should also discuss the consequences of their DUI case with attorneys in their countries of residence and inquire about how their DUI conviction can affect their ability to visit or stay in the U.S. or any other country, as every country has varying DUI laws.
The critical thing is that non-residents (whether from another state or country) must not disregard their DUI cases in Nevada; otherwise, the judge will issue a bench warrant for their arrest. A bench warrant against an individual can keep that individual from obtaining a U.S. visa in the future. Moreover, reentry into the U.S. with a standing bench warrant will result in an arrest.
Is DUI in Nevada a Deportable Offense?
DUIs in Nevada are not a deportable offense. However, the consequences of DUI in Nevada on an individual’s immigration may vary according to the case.
Hence, defense attorneys representing non-citizens must always try to get the defendant’s DUI charges dismissed or reduced.
Why is Drinking a Punishable Offense in Las Vegas?
While Las Vegas is the world’s party capital, there are stringent laws about drinking and driving under the influence of drugs or alcohol.
Some of these laws include:
Carrying Open Containers of Alcohol in the Vehicle
Carrying open containers of alcohol in the vehicle, even if the driver is not driving under the influence, is a misdemeanor in Nevada. The penalty for this offense includes:
- Monetary fine of $1,000,
- Up to six months in prison or
- 120 hours of community service
Apart from carrying an open container in the vehicle, walking with an open container in certain areas is also an offense. The penalty for this offense includes:
- A monetary fine of $250 and/or
- 30 days in prison.
Learn more about penalties for carrying open containers in Las Vegas.
Possession of Illegal Drugs
Nevada has some of the most stringent drug laws in the United States. A 1st – time offense of possession of illegal drugs for personal consumption is a category E felony.
The court may grant a deferment of judgment for eligible defendants who file for no contest or plead guilty. It means that the court will terminate the case if the defendant fulfills certain terms ordered by the court. However, if the defendant fails to complete these terms, the felony can lead to probation and a prison sentence.
However, for defendants with two or more prior felony convictions, the court may impose imprisonment for up to four years and a monetary fine of up to $5,000.
Public Misconduct
Legally, public intoxication isn’t prohibited in Las Vegas. However, it is a misdemeanor to display misconduct in public by exhibiting behaviors like being loud or disruptive. In all, an individual can be drunk as long as they do not exhibit drunk behavior.
Penalties for acting drunk and causing disruptions include:
- Monetary fines of up to $1,000 and/or
- 6 months in prison.
Transportation Options Available for Tourists in Las Vegas
Millions of tourists visit Las Vegas each year for recreation, conventions, or weekend fun. Tourists visiting Las Vegas have several options to travel around the state without having to drive themselves. Some of the transportation options include the following.
| Mode of Transportation in Las Vegas | Companies Offering the Service |
| Ridesharing | Lyft, Uber |
| Cab/Taxi | Various taxi service providers |
| Bus | RTC |
| Rail Line | Monorail in Las Vegas |
Seek Legal Assistance
If you or someone you know has been accused of DUI driving in Nevada, reach out to our attorneys at The Bourassa Law Group for a consultation. Our experienced attorneys will investigate all critical aspects of your case and will help you reduce or even dismiss your charges without the need to return to Nevada.