Practice Area - DUI & Traffic Offenses
One Attorney.
A DUI arrest triggers two entirely separate proceedings at once, one in criminal court and one with the DMV. You have seven days to request the DMV hearing. Miss that window and you lose the right to contest your license revocation entirely. Kelsey handles both fronts together.
DUI & Traffic Offenses
in Nevada
A DUI arrest is one of the most stressful things that can happen to a person. One moment you’re driving home, and the next you’re in handcuffs, your car is being towed, and you’re trying to figure out what just happened to your life. Whether it’s your first offense or you’ve been through this before, the situation feels serious. It is serious. But having an attorney who has handled hundreds of criminal cases across Northern Nevada, and who knows exactly how these cases are fought and won, makes a real difference.
Kelsey has been in Nevada’s courtrooms for years, starting as a Deputy Public Defender in Elko County and continuing in Washoe County. She has handled DUI cases at every level from first-offense misdemeanors to felony DUI charges involving serious injury. She knows the law, she knows the courts, and she knows where the weaknesses in the prosecution’s case tend to be.
Critical Deadline
You have only seven days from the date of your arrest to request a DMV hearing. If you miss that window, you lose the right to contest the revocation entirely and your license will be automatically suspended regardless of what happens in criminal court.
What Nevada's DUI Law
Actually Says
Nevada’s DUI statute makes it unlawful to operate a vehicle while impaired by alcohol or drugs, or while having a blood alcohol concentration (BAC) of 0.08% or higher. That second part matters: you can be charged with DUI even if you don’t feel impaired, simply because your BAC tested at or above the legal limit. Conversely, you can also be charged even if your BAC is below 0.08% if the officer believes your driving was impaired.
For commercial drivers, the BAC threshold drops to 0.04% so a single drink before climbing into a work truck can create serious consequences. For drivers under 21, Nevada’s zero-tolerance policy means any BAC of 0.02% or above can result in a DUI charge.
The law also covers driving under the influence of drugs including marijuana, prescription medications, and controlled substances. The fact that a drug is legal, or that you have a valid prescription, does not protect you from a DUID charge if you were impaired at the wheel. For drug-related DUI arrests, officers require a blood test rather than a breath test, since breathalyzers are designed to detect alcohol only.
What You're Actually Facing:
Penalties by Offense
Nevada’s DUI penalties escalate significantly with each offense, and all are measured within a seven-year window.
2 days to 6 months in jail (or 48–96 hours community service). Fine of $400–$1,000. 185-day license revocation. Mandatory DUI school and Victim Impact Panel. Possible ignition interlock device.
10 days to 6 months in jail, or possible residential confinement. Fine of $750–$1,000. 1-year license revocation. Mandatory alcohol or drug treatment program. Ignition interlock device required.
1 to 6 years in state prison mandatory, non-probationable. Fine of $2,000–$5,000. 3-year license revocation. Permanent felony record that cannot be sealed. Ever.
2 to 20 years in state prison. Fine up to $5,000. 3-year license revocation. Non-probationable prison time is mandatory.
A misdemeanor DUI conviction stays on your record for seven years before you are eligible to apply to seal it. A felony DUI conviction cannot be sealed in Nevada ever. That permanence is a big part of why fighting the charge from the very beginning matters.
The Two Tracks:
Criminal Court and DMV
7-Day Deadline
You only have seven days from the date of your arrest to request a DMV hearing. If you miss that window, you lose the right to contest the revocation entirely, and your license will be automatically suspended. It does not matter whether the criminal case is eventually dismissed the DMV operates on its own timeline and its own lower burden of proof.
How a DUI Case
Gets Challenged
A DUI arrest does not automatically mean a DUI conviction. The prosecution has to prove every element of the charge, and there are often significant vulnerabilities in the evidence. Here is where Kelsey looks first.
The Traffic Stop
Law enforcement must have reasonable suspicion that a traffic violation occurred or that a crime was being committed before they can pull you over. If the stop was unlawful and there was no real basis for it, any evidence collected afterward, including field sobriety tests and BAC results, may be suppressible. No valid stop, no valid case.
Field Sobriety Tests
The Horizontal Gaze Nystagmus test, the Walk-and-Turn, and the One-Leg Stand are voluntary you are not legally required to perform them. They are also highly subjective and easily affected by factors that have nothing to do with alcohol: uneven pavement, poor lighting, nerves, medical conditions, or footwear. Officers are trained to administer these tests in a specific way, and deviations from that protocol matter.
Breathalyzer Accuracy
Nevada law enforcement uses the Intoxilyzer 8000. Issues with device calibration, maintenance records, operator training, or the two-hour rule which requires that the BAC reading reflect the concentration at the time of driving, not just at the time of testing can all be raised to challenge the result. A reading of 0.09% from a machine that was improperly maintained or operated is not the open-and-shut case prosecutors want it to be.
Blood Test Challenges
Blood draws must follow strict procedures for collection, handling, labeling, and storage. Chain of custody errors, improper preservation, or contamination can render a blood test result unreliable. In drug DUI cases, Kelsey examines the laboratory protocols and the qualifications of the analysts who processed the sample.
Medical and Physiological Factors
Certain medical conditions including acid reflux, diabetes, and GERD can cause falsely elevated breathalyzer readings. Residual mouth alcohol from belching or burping shortly before the test can also produce an inaccurate result. Medical history is always part of the investigation.
Felony DUI and
Traffic Offense Defense
A third DUI within seven years is automatically a Category B felony in Nevada and unlike most felonies, there is no probation available. Prison time is mandatory. If you are facing a felony DUI, you need an attorney who handles serious criminal defense, not just traffic court matters. Kelsey’s years of felony practice in Northern Nevada mean she approaches these cases with the full depth of criminal defense experience they require.
DUI cases involving substantial bodily harm or death are among the most serious charges in the Nevada criminal code, carrying up to 20 years in state prison. These cases demand expert investigation, accident reconstruction analysis, and often a battle over causation whether the defendant’s impairment actually caused the harm alleged.
Beyond DUI, Kelsey handles a range of traffic matters that carry real consequences for your driving record, insurance rates, and in some cases your liberty. Reckless driving, excessive speeding, hit-and-run charges, driving on a suspended license, and vehicular manslaughter are all offenses that deserve serious legal attention not a rushed guilty plea.
Kelsey assesses each case for its strengths and weaknesses and helps you get to the best resolution possible, whether that’s through litigation or negotiation.