DUI DEFENSE ATTORNEY — LAS VEGAS, NV
DEFENDINGYOUR LICENSEAND YOUR FUTURE
A DUI charge can cost you your license, your job, and your freedom. Thomas Boley has defended DUI clients in Las Vegas for 18+ years. We act immediately to protect your rights, challenge the evidence, and fight for the best possible outcome.
7-Day DMV Hearing Deadline
After a DUI arrest, you have only 7 days to request a DMV hearing to fight your license suspension. Missing this deadline means automatic suspension. Contact us today.
NRS 484C.400 — WHAT YOU ARE FACING
PENALTIES FORDUI IN NEVADA
DUI penalties in Nevada escalate dramatically with each offense. Understanding what you face is the first step to building an effective defense.
1st DUI Offense
Within 7 years
2 days – 6 months (or 48–96 hours community service)
$400 – $1,000 + court costs
90-day suspension (restricted license available)
DUI school, victim impact panel, possible ignition interlock device
2nd DUI Offense
Within 7 years
10 days – 6 months (or residential confinement)
$750 – $1,000 + court costs
1-year revocation
DUI school, victim impact panel, ignition interlock device required
3rd DUI Offense
Within 7 years — or DUI causing death/injury
1 – 6 years Nevada State Prison
$2,000 – $5,000
3-year revocation
Felony conviction, loss of civil rights, no probation for death/injury cases
Beyond statutory penalties, a DUI conviction in Nevada can result in dramatically increased insurance premiums, job loss, housing difficulties, immigration consequences, and a permanent conviction that cannot be sealed under NRS 179.245. Fighting for the best possible outcome from the very beginning is critical.
HOW WE FIGHT YOUR DUI CHARGES
PROVEN DUI DEFENSESTRATEGIES
Thomas Boley examines every aspect of your arrest — from the traffic stop to the breathalyzer results — to identify constitutional violations and procedural errors that can get your charges reduced or dismissed.
Unlawful Traffic Stop
Police must have reasonable suspicion to stop your vehicle. If the stop was unlawful — no traffic violation, no reasonable suspicion — all evidence obtained after the stop, including field sobriety tests and BAC results, may be suppressed under the Fourth Amendment.
Breathalyzer Accuracy Challenges
Breathalyzer devices must be properly calibrated, maintained, and operated according to strict protocols. We challenge the device's calibration records, the officer's certification, and any procedural errors in administering the test that could have produced a falsely elevated BAC reading.
Field Sobriety Test Challenges
Standardized Field Sobriety Tests (SFSTs) — walk-and-turn, one-leg stand, horizontal gaze nystagmus — are inherently subjective. Medical conditions, fatigue, anxiety, uneven road surfaces, and improper officer instructions can all produce false indicators of impairment.
Rising BAC Defense
Alcohol continues to absorb into the bloodstream for 30–90 minutes after your last drink. If you were tested significantly after driving, your BAC at the time of testing may have been higher than when you were actually behind the wheel — a critical distinction under NRS 484C.110.
Medical Conditions & Mouth Alcohol
Conditions such as GERD, acid reflux, diabetes, and ketogenic diets can produce falsely elevated breathalyzer readings. Residual mouth alcohol from mouthwash, medications, or dental work can also contaminate breath samples. We investigate all alternative explanations for elevated readings.
Improper Blood Draw Procedures
Blood tests must follow strict chain-of-custody protocols. The blood must be drawn by a qualified person, stored properly, and tested in a certified lab. Any deviation — improper collection tubes, contamination, fermentation, or storage errors — can invalidate the blood test results.
Not sure which defenses apply to your DUI case? . Thomas Boley will personally review the details of your arrest and explain every option available to you.
NRS 484C.160 — IMPLIED CONSENT LAW
SHOULD YOU TAKETHE TEST?
Nevada's implied consent law under NRS 484C.160 means that by driving in Nevada, you implicitly consent to a chemical test if lawfully arrested for DUI. Refusing has automatic consequences — but taking the test also creates evidence. Understanding your options before you are in that situation is critical.
If You Take the Test
If You Refuse the Test
OUR PROCESSSTEP BY STEP
We handle every aspect of your defense — including the DMV hearing — so you can focus on your life and your future.
Free Case Evaluation
We review every detail of your arrest — the traffic stop, field sobriety tests, breathalyzer or blood test, and the officer's conduct. We identify constitutional violations and procedural errors before your first court date.
Evidence Investigation
We obtain police reports, dashcam and bodycam footage, breathalyzer calibration records, blood test chain-of-custody documents, and witness statements. We challenge every piece of evidence the prosecution intends to use.
DMV Hearing & Motions
We request an immediate DMV hearing to fight your license suspension — you have only 7 days after arrest to request this. We also file suppression motions to exclude unlawfully obtained evidence and negotiate with prosecutors for reduced charges or dismissal.
Trial or Resolution
If the prosecution refuses a fair resolution, we take your case to trial. Thomas Boley prepares every DUI case as if it will go before a jury — because that preparation wins cases and protects your future.
NEVADA LAW
KEY STATUTES GOVERNINGDUI IN NEVADA
Driving Under the Influence
Nevada's primary DUI statute. It is unlawful to drive or be in actual physical control of a vehicle with a BAC of 0.08% or higher, or while impaired by alcohol or a controlled substance. Commercial drivers face a lower threshold of 0.04% BAC.
View full statute →Implied Consent Law
By driving on Nevada roads, you implicitly consent to a blood or breath test if lawfully arrested for DUI. Refusing a chemical test results in automatic license revocation for 1 year (first refusal) or 3 years (second refusal), and the refusal can be used against you in court.
View full statute →Penalties for DUI
Sets the penalty structure for DUI offenses in Nevada. First offense: misdemeanor, 2 days–6 months jail, $400–$1,000 fine, 90-day license suspension. Second offense (within 7 years): misdemeanor, 10 days–6 months jail, $750–$1,000 fine. Third offense: category B felony, 1–6 years prison.
View full statute →Felony DUI — Death or Serious Injury
If a DUI causes the death or substantial bodily harm of another person, the offense is a category B felony carrying 2–20 years in prison. This statute also applies when a driver with two prior DUI convictions within 7 years is charged with a third offense.
View full statute →FREQUENTLY ASKED QUESTIONS
DUI QUESTIONS ANSWERED
YOUR LICENSEDESERVES A DEFENSE
Don't wait. You have only 7 days after a DUI arrest to request a DMV hearing and fight your license suspension.
Thomas Boley offers free, confidential consultations. We fight for the best possible outcome — including charge dismissal, penalty reduction, and preservation of your driving privileges.
CONTACT US
FREE CONSULTATION
Tell us about your case. Thomas Boley will personally review the details and respond as quickly as possible.