If you are pulled over and arrested for driving under the influence (DUI) in Las Vegas, you could face serious legal consequences. However, first-time DUI offenders may have more options than those with prior convictions. Skilled Las Vegas DUI lawyers can help you get alternative sentencing and avoid jail time.
Here is what you need to know about alternative sentencing for first-time DUI offenders in Las Vegas and how DUI Lawyers of Las Vegas can assist.
Will I Go to Jail if it is My First Time Getting a DUI in Las Vegas?
A first DUI is generally a misdemeanor in Nevada. According to NRS 193.150, the following penalties apply to misdemeanors:
- Up to six months in county jail
- A fine up to $1,000
- Both a fine and imprisonment
A judge can decide to impose the maximum penalty of six months in jail, or even longer in some cases, if there are aggravating factors like:
- A blood alcohol concentration (BAC) significantly higher than the legal limit
- Driving with a minor under 15 in the vehicle
- Engaging in reckless driving behaviors
While these are the Las Vegas DUI penalties under the law, first-time DUI offenders may be able to avoid time behind bars with alternative sentencing.
RELATED: Nevada First Time DUI Facts
What Is Alternative Sentencing?
Essentially, alternative sentencing is substituting other types of punishment for traditional jail time and fines. Rather than having to serve time in jail, these options focus more on education and rehabilitation, helping offenders avoid a repeat of their mistake.
People can return to their lives and jobs to support their families, as long as they meet the conditions of their sentence. They can also avoid a longer criminal record, which has a substantial impact on a person’s life.
Alternative sentencing also eases the load on the courts and county jails. It allows these systems to focus their resources on more serious cases.
What Are Alternative Sentencing Options?
If you are convicted of DUI in Las Vegas for the first time, these are some of the alternative sentencing options that may be available to you.
1. Probation
Probation is a period of court-ordered supervision that can serve as an alternative to time in jail. However, individuals who are on DUI probation must comply with strict conditions, such as:
- Random drug testing
- Monitoring with a secure continuous remote alcohol monitor (SCRAM)
- Ignition interlock device installed in their vehicle
- Regular meetings with a probation officer
- Avoiding further arrests
If you violate the terms of your probation, you could face revocation of probation and imprisonment. It is crucial to adhere to your probation conditions if you want to avoid jail time.
2. Community Service
Many first-time DUI offenders will be required to complete a certain amount of community service hours rather than jail time or paying a fine. In Las Vegas, court-approved community service may include:
- Working at non-profit organizations or charities
- Cleaning public areas or spaces in the city
- Assisting at community centers or parks
- Helping at local churches or food banks
3. House Arrest
House arrest confines DUI offenders to their homes instead of serving time behind bars. However, there may be exceptions that allow you to leave your house, including:
- Going to work
- Taking classes at school
- Attending medical appointments
With house arrest, you may also be required to wear an electronic monitoring device and follow strict rules about when you can leave your home.
4. DUI Educational Programs
Nevada DUI school involves courses designed to educate offenders on Nevada DUI law, drunk driving risks, and the dangers of alcohol and drug use. Curriculum includes:
- 8-12 hours of instruction
- Completing lessons and coursework
- Passing a final exam
You may be able to complete the course online or in person and must pay a fee to register for the class. After passing the final exam, you can present your certificate of completion to the court to verify that you fulfilled your DUI sentencing requirements.
5. Treatment for Substance Abuse
If you struggle with addiction, the court may require you to participate in a substance abuse treatment or rehabilitation program rather than serving jail time. These programs offer support as well as education to help offenders overcome addiction to drugs or alcohol.
You will likely attend therapy sessions, take classes on substance abuse and its effects, and be given tools to cope with addiction. The goal is to help you avoid incarceration and driving under the influence in the future.
RELATED: How Do Plea Bargains Work in Las Vegas DUI Cases?
How Do I Get an Alternative Sentence for a First-Time DUI?
Consult an experienced Las Vegas DUI attorney to see if you might be eligible for alternative sentencing and learn more about the process. While every case is different, you may be more likely to qualify for alternative sentencing if:
- You are a first-time DUI offender
- You have a clean criminal record with no prior convictions
- There are no injuries or property damage involved with your DUI
- You cooperated with law enforcement during your DUI arrest
- You have been compliant throughout the process
Your DUI attorney will gather relevant documents to support your case before filing a formal petition to request alternative sentencing. After applying, you will attend a hearing in which a judge will listen to your case and ask further questions. If the judge decides to grant alternative sentencing, you must be prepared to fully comply with the conditions.
Speak with a Las Vegas DUI Attorney Today
First-time DUI offenders in Las Vegas may avoid jail time and fines if they are granted alternative sentencing. Work with an attorney who understands Nevada DUI laws and knows what steps to take to help you move forward with your life as quickly as possible.
At DUI Lawyers of Las Vegas, we have decades of combined experience handling DUI cases and fighting for fair treatment for our clients. A first-time DUI does not have to ruin your life. Contact us now to schedule a free consultation and learn more about your rights and legal options.