Legal Question in DUI Law in Nevada

DUI first

How long does the state of Nevada have to give you a preliminary hearing after an arrest?


Asked on 4/18/07, 12:54 pm

1 Answer from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: DUI first

First of all, DUI's are generally misdemeanors. You would get a trial date.

If however you were given a preliminary hearing date, you were charged with a felony. If your case number has an "F" in it, for example 07F- its a felony. M means a misdemeanor.

Felony DUI's occur only if you you have been charged with a 3rd offense, the 2 prior convictions would have been entered within 7 years of the first conviction, or if you had an accident while operating a motor vehicle with a BAC above .08 and someone was seriously injured or killed.

You have a right to a Prelim in 15 days if you are in custudy. Most attorney's will waive the 15 day rule if you are out- at which time it is set in "ordinary course" which would be the next DUI docket with an available date

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Answered on 4/18/07, 5:17 pm


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