Nevada DUI Process: NV Drunk Driving Criminal Procedure

Two separate cases arise from a DUI arrest in Nevada - a criminal case filed by the state and a civil case filed by the Nevada Department of Motor Vehicles. Below you will find information concerning the criminal DUI process, including a general description of what to expect at each stage of the criminal process. For more information regarding the civil administrative review process, click on the Nevada Driving tab.

The Nevada DUI arrest and booking process

The first stage in any DUI case in Nevada is the arrest. A DUI offender will be taken into custody and asked to submit to chemical tests of his/her blood, breath, or urine to determine his/her BAC. Miranda and Implied Consent rights will be read. The suspect will be "booked" - fingerprinted, searched, and placed into a holding cell. If eligible, a suspect may be released on his own recognisance with a promise to appear in court. If bond is required, release will be made upon postage of the requisite bond amount. If ineligible for release, DUI offenders will be held in custody until their case has been resolved.

The Nevada DUI criminal process and procedure

NEVADA DUI ARRAIGNMENTS

The first court appearance following a NV DUI arrest is called the Arraignment. At this hearing, the DUI offender will go before the judge, who will read the official charges and ask him/her to enter a plea. If a plea of guilty is entered, the judge will impose a sentence. If a plea of not guilty is entered, the case will be set for trial.

PRETRIAL HEARING/CONFERENCE

The purpose of a pretrial hearing is to update the judge on the status of your Nevada DUI case. Issues with discovery and scheduling conflicts may be dealt with. At the pretrial conference, your attorney will have the opportunity to engage in plea negotiations with the prosecutor. If negotiations are successful, the plea will be entered on the record and the sentence will be imposed. If a plea agreement is not reached, the case will proceed to trial.

PRETRIAL MOTIONS

If your attorney wishes to have certain issues resolved prior to trial, such as the admissibility of evidence, then he/she will file motions with the court. A hearing on the motions will be held. At the motion hearing, your attorney may present evidence and cross examine the police officers that were involved in your case. Expert witness testimony may also be heard. The most common motions in DUI trials involve motions to suppress evidence, such as chemical test results. If a motion to suppress is granted, then that evidence will not be admissible against you in trial.

TRIAL

There are two types of trials that are held in Nevada DUI cases - jury trials and bench trials. In jury trials, issues of law will be determined by the judge, while issues of fact are left for the jury to decide. In bench trials, there is no jury. Instead, the judge will act as both judge and jury, determining the issues of law as well as the issues of fact in each case. Which trial you will have depends on the nature of your charges, the court in which they were filed, and the preference of the parties. Bench trials are typically more desirable in cases involving complex issues and evidence that a jury would not understand. If the final outcome of the trial is a not guilty verdict, the case will be dismissed and the charges will be dropped. If a guilty verdict is returned, the judge will impose a sentence.

APPEAL

Nevada DUI convictions may be appealed for review from the higher courts, so long as a request for an appeal is made timely. Failure to timely file a request for an appeal will result in the waiver of the right to appeal the case.