Driving under the influence is a very serious offense, and one that is not taken lightly anywhere in the United States. There are some factors that will be considered, however, when determining what the consequences for driving under the influence will be.

In Nevada, a license suspension is almost impossible to avoid (although if you hold a driver’s license that was issued in a different state the Nevada DMV cannot take your license. They will instead suspend your rights to drive in the state of Nevada). The moment the officer ascertains that you are driving under the influence they will take your permanent license and issue you a temporary one that will be good for only seven days. Over the course of that seven days your attorney must appeal the decision and request an administrative hearing. This hearing will decide whether the suspension will be revoked or if it is a permanent one.

Driving under the influence also carries with it a possible jail sentence, particularly if this is not your first offense. A good attorney with an in depth knowledge of the Nevada legal system will be your best friend when attempting to avoid an extended prison sentence. There are many alternatives to a jail sentence, such as community service and probation, and while these are more readily available to a first time offender it is possible that with a good attorney a second time offender may be able to take advantage of these. Be forewarned, per Nevada state law a third DUI offense is considered a felony punishable by a stay in the state prison system.

It is also important to be familiar with proper protocol when an officer stops and tests a person whom they suspect to be driving under the influence. There have been many criminals who have returned to the streets due to an officer not following proper procedures. Did the officer inform you that you have a right to have an attorney present when you take your breathalyzer or blood test? Were you informed that it is your right to not take a blood or breathalyzer test? A good attorney should be familiar with these proceedings, and will probably question you extensively as to the officer’s actions. Do not leave anything out; this could be the most important building block in your case for freedom.

If you find that you are unable to avoid jail time altogether take a look at the options available. In some cases a judge will allow you to break up your sentence into several smaller ones in order to allow you to continue your employment. If this is not a possibility, remember that the legal system rewards good behavior. Chances are good a date for a parole hearing will be set, at which time the judge will evaluate your actions since you arrived at the facility and determine whether you are eligible for early release. Keeping your nose clean until this time will greatly increase your chances of being able to walk out of there a free man (or woman) prior to having completed your full sentence.