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Nevada Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Nevada or Court of Appeals of Nevada where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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City of Las Vegas v. Walsh - 12/15/2005
This case involves the scope of NRS 50.315(4), which permits the admission of a nurse's affidavit to prove certain facts relating to the withdrawal of blood for testing purposes. It also implicates the construction of that statute in...

Lader v. Meligan - 10/6/2005
Affirmed. BEFORE ROSE, GIBBONS and HARDESTY, JJ. OPINION ON REHEARING The primary issue we address in this appeal is appellant Philip Lader's post-conviction claim that his trial and appellate counsel were ineffective...

Wright v. State of Nevada - 5/12/2005
In this appeal, we clarify that the decision in State, Department of Motor Vehicles v. McLeod does not limit the factors that an officer may consider when determining whether reasonable grounds exist for an evidentiary test....

State v. Williams - 7/22/2004
A grand jury indicted Jessica Williams on six counts each of driving and/or being in actual physical control of a vehicle while under the influence of a controlled substance and/or with a prohibited substance (marijuana and marijuana...

City of Las Vegas v. Walsh - 6/11/2004
Gehner was charged with driving under the influence of alcohol. At the outset of Gehner's trial, the City requested a preliminary ruling from the municipal court (Judge Jessie E. Walsh) regarding the admissibility of the affidavit of a...

Firestone v. State - 1/30/2004
The State charged Firestone with three felony counts of leaving the scene of an accident. Firestone pleaded not guilty, and the case went to jury trial. At the jury trial, the Werly family testified that around 10:30 p.m. on...

Meyer v. State - 12/19/2003
Appellant Adam Ray Meyer was sentenced to a minimum term of ten years in Nevada State Prison after a jury convicted him of one count of sexual assault. Meyer alleges several errors on appeal, including juror misconduct.Having...

Hodges v. State - 10/15/2003
The primary issue in these appeals is whether appellant Steven Bradley Hodges stipulated to prior convictions that provided the basis for his adjudication as a habitual criminal. We conclude that he did. FACTS In April...

West v. State - 9/8/2003
Brookey West was charged with and convicted of murdering her mother, Christine Smith. West was sentenced to life in prison without the possibility of parole. West contends that (1) there was insufficient evidence of criminal agency,...

State v. Bayard - 6/26/2003
This is an expedited appeal by the State of Nevada from a district court order granting a motion to suppress narcotics found when police searched respondent Rico Shountes Bayard after arresting him for committing two minor traffic...

Barnier v. State - 4/28/2003
Appeal from a judgment of conviction, following a jury verdict, on one count of driving under the influence of intoxicating liquor (third offense), a category B felony.*fn1 Seventh Judicial District Court, Lincoln County; Steve L....

City of Reno v. Reno Police Protective Association - 12/26/2002
As amended May 14, 2003. Petition for rehearing denied. THE CITY OF RENO AND RENO POLICE DEPARTMENT, APPELLANTS, v. RENO POLICE PROTECTIVE ASSOCIATION AND STATE OF NEVADA, LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD,...

Hiibel v. Sixth Judicial District Court - 12/20/2002
The pertinent issue before us is whether NRS 171.123(3), which requires a person stopped under reasonable suspicion by a police officer to identify himself or herself, violates the Fourth Amendment of the United States Constitution. We...

Palmer v. State - 12/19/2002
Appellant Scott A. Palmer argues in this appeal that the district court erred in denying his post-conviction petition for a writ of habeas corpus. Palmer contends, among other things, that his guilty plea was not knowingly entered...

In re Parental Right as to K.D.L. - 12/3/2002
Appellant Richard contends that the district court erred in terminating his parental rights because there was no clear and convincing evidence that termination would serve his children's best interests or that there was parental...

McDaniel v. Sierra Health and Life Insurance Co., Inc., - 9/18/2002
This appeal arises from the district court's grant of summary judgment to Sierra Health and Life Insurance Company, Inc. (Sierra Health), a California corporation authorized to underwrite insurance in Nevada, which had denied death...

Gonzales v. State - 9/13/2002
Appellant Ralph M. Gonzales challenges a district court order denying his post-conviction petition for a writ of habeas corpus. The primary question before this court is whether the district court erred in concluding that the...

Williams v. State - 8/2/2002
On March 19, 2000, while returning to Las Vegas from the Valley of Fire via Interstate 15, Williams drove her van off the road, into the median, and then struck and killed six teenagers. Testimony at trial revealed that Williams had stayed...

State v. McKellips - 7/18/2002
On July 29, 2000, at 2:53 p.m., Officer John McCauley of the Reno Police Department received a dispatch call regarding an accident at the intersection of Neil Road and McCarran Boulevard. Officer McCauley arrived within minutes after...

Diaz v. State - 7/18/2002
On February 11, 1998, the State of Nevada indicted Diaz for driving while under the influence of alcohol, with two or more prior convictions. Diaz appeared for his arraignment on April 14, 1998, and pleaded not guilty. On July 13, 1998,...

Chapman v. State - 3/15/2002
This case presents an issue of first impression for this court and requires that we determine the applicable statute of limitations for a third or subsequent driving under the influence (DUI) charge within seven years of two or more...

Floyd v. State - 3/13/2002
Appeal from a judgment of conviction, pursuant to a jury verdict, of one count of burglary while in possession of a firearm, four counts of first-degree murder with use of a deadly weapon, one count of attempted murder with use of a...

Northwest Pipe Co. v. Eighth Judicial Dist. Court of the State of Nevada - 3/13/2002
Northwest Pipe Company has filed an original petition for a writ of mandamus or prohibition challenging a district court order ruling that Nevada law governs the underlying wrongful death actions arising out of a fatal automobile accident...

Salaiscooper v. Eighth Judicial District Court of the State of Nevada - 11/15/2001
Introduction Petitioner Virginia Anchond Salaiscooper contends that, in prosecuting her for solicitation of prostitution, Clark County District Attorney Stewart Bell is engaging in impermissible unconstitutional selective...

In re Discipline of Rogers - 11/7/2001
ORDER APPROVING CONDITIONAL GUILTY PLEA IN EXCHANGE FOR STATED FORM OF DISCIPLINE This is an automatic appeal from a Southern Nevada Disciplinary Board hearing panel's decision. The panel recommends that we approve a conditional...

Hudson v. Ignacio - 5/17/2001
As amended June 21, 2001. LARRY DEANE HUDSON, APPELLANT, v. WARDEN, NEVADA STATE PRISON, JOHN IGNACIO, RESPONDENT. Karla K. Butko, Reno, for Appellant. Frankie Sue Del Papa, Attorney General, Carson City; Belinda Quilici,...

Robinson v. State - 2/5/2001
At issue in this case is whether the term "prisoner" as defined in NRS 193.022 applies to persons placed in civil protective custody. We hold that the term "prisoner" only applies to individuals in custody for criminal conduct, and...

Dennis v. State - 12/4/2000
The State charged appellant Terry Jess Dennis by information with one count of first-degree murder with the use of a deadly weapon for the March 1999, willful, deliberate and premeditated strangulation murder of Ilona Straumanis. The...

Parsons v. State - 10/23/2000
Appellant David Earl Parsons was convicted, pursuant to a jury verdict, of felony driving under the influence in violation of NRS 484.379 and NRS 484.3792(1)(c). On appeal, a panel of this court reversed the conviction, concluding...

Paschall v. State - 9/19/2000
SUMMARY This case involves Raymond Paul Paschall's two convictions for driving under the influence ("DUI"), which were enhanced from misdemeanors to felonies through the introduction of two prior misdemeanor convictions. Prior...

English v. State - 8/24/2000
The issues raised in this appeal are: (1) whether convictions for battery constituting domestic violence occurring prior to January 1, 1998, may be used to enhance the penalty of a subsequent conviction for battery constituting...

Hollaway v. State - 8/23/2000
Appellant Roy Hollaway strangled his wife, Carolyn Whiting, on January 27, 1996. The couple had been arguing for days and drinking heavily when Hollaway strangled Whiting, first with his hands and then with an electrical cord....

Speer v. State - 8/21/2000
The issue before this court is whether a felony DUI conviction may be used as a prior offense to enhance a subsequent DUI conviction to a felony. We conclude that it may. FACTS Appellant Michael Richard Speer pleaded...

State v. The Eight Judicial District Court of The State of Nevada - 2/2/2000
The state charged each of the real parties in interest with driving under the influence pursuant to NRS 484.379(1) and at least one traffic code infraction under NRS chapter 484 or a Clark County Ordinance. In each case, the real...

Diaz v. Eighth Judicial District Court of the State of Nevada - 1/27/2000
As amended February 24, 2000. ROSALVA DIAZ; EDUARDO JESUS DIAZ, A MINOR BY AND THROUGH HIS GUARDIAN AD LITEM ROSALVA DIAZ; KATIA GUADALUPE ALCANTARA, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM JOSE ANTONIO ZERMENO; ESTEPHANIA...

Ronning v. State - 1/26/2000
Appellant was convicted, pursuant to a guilty plea, of one count of felony driving under the influence. On direct appeal, appellant argued that one of his prior convictions should have been stricken as constitutionally invalid....

Goodson v. State - 12/29/1999
PER CURIAM: Appellant Bob Goodson was convicted of a felony count of driving while under the influence of alcohol (DUI). His conviction was enhanced to a felony based in part on a prior misdemeanor DUI conviction which resulted...

State v. Kuemmerlin - 10/20/1999
This is an appeal from a district court order granting judicial review and reinstating respondent's driving privileges. Appellant, the Department of Motor Vehicles and Public Safety (DMV), contends the district court erred as a...

Derosa v. First Judicial District Court of the State of Nevada - 8/27/1999
Petitioners DeRosa and Thomas were convicted of driving while under the influence (DUI) following separate trials in the municipal courts. Having exhausted available legal remedies, petitioners seek extraordinary relief from this...

Parsons v. State - 5/18/1999
In 1991, appellant David Earl Parsons was charged by a criminal complaint, which cited two prior misdemeanor driving under the influence (DUI) convictions, with one count of felony driving under the influence. The underlying facts of...

Nevius v. Warden - 6/24/1998
Motion for rehearing and reconsideration of denying motion to disqualify Justice Young. Motion denied. In November 1982, over fifteen years ago, a jury convicted Thomas Nevius of murder in the first degree. He was sentenced...

Skiba v. State - 5/28/1998
Appeal from a judgment of conviction of one count of battery with a deadly weapon and one count of battery causing substantial bodily harm, pursuant to a jury verdict. Fourth Judicial District Court, Elko County; Jack B. Ames, Judge. ...

Leonard v. State - 5/28/1998
CORRECTED COPY ORDER DENYING REHEARING AND CORRECTING OPINION issued by Court August 12, 1998 Appeal from an order of the district court denying a petition for post-conviction relief. First Judicial District Court, Carson...

State v. Sonnenfeld - 5/28/1998
Appeal from an order of the district court granting respondent's motion to suppress evidence. Second Judicial District Court, Washoe County; Deborah A. Agosti, Judge. Reversed and remanded. Respondent, Dietrich Sonnenfeld,...

Woods v. State - 5/19/1998
Appeal from a judgment of conviction, entered pursuant to a plea agreement, for one count of drunk driving causing death and one count of drunk driving causing substantial bodily harm. First Judicial District Court, Carson City;...

Bolin v. State - 5/19/1998
Appeal from a judgment of conviction pursuant to a jury verdict of one count each of first-degree kidnapping, sexual assault, and first degree murder, and from a sentence of death. Eighth Judicial District Court, Clark County; A....

Barmettler v. Reno Air Inc. - 4/16/1998
Appeal from summary judgment. Second Judicial District Court, Washoe County; Steven R. Kosach, Judge. Affirmed. Reno Air employed appellant Andrew Barmettler ("Barmettler") from July 1992 to February 1993. In November of...

Miranda v. State - 4/9/1998
Appeal from an amended judgment of conviction correcting a facially illegal sentence imposed pursuant to a conviction of a third offense of driving under the influence. First Judicial District Court, Carson City; Michael R. Griffin,...

State v. Lomas - 4/2/1998
Reversed and remanded. FACTS On January 21, 1995, Daniel Lomas was involved in a two-vehicle collision at the intersection of North McCarran Boulevard and Seventh Street in Reno. The driver of the other car was injured in...

Sereika v. State - 2/26/1998
Gregory Ben Sereika was convicted of driving under the influence of intoxicating liquor pursuant to NRS 484.379(1)(c), which prohibits blood alcohol levels of .10 or more within two hours after driving a motor vehicle. Sereika appeals...

State v. Evans - 1/22/1998
Reversed and remanded with instructions. On November 28, 1994, Las Vegas Metropolitan Police Officer Scott Lang arrested respondent Larry Evans ("Evans") for driving under the influence of intoxicating liquor, then advised Evans...

Nika v. State - 12/30/1997
Appellant Avram Nika ("Nika") left Aptos, California, where he lived with his wife Rodika, between noon and 1 p.m. on August 26, 1994, and was traveling to Chicago so that he could fly from there to Romania to visit his sick mother....

Jaeger v. State - 11/20/1997
Affirmed. Appellant John Jaeger was convicted of grand larceny, given a seven year suspended prison sentence, and placed on probation for a period not to exceed five years. A probation revocation hearing was conducted after...

Woolsey v. State - 11/30/1995
Per Curiam: Weldo D. Woolsey pleaded guilty on April 27, 1994, to failure to appear after admission to bail. He received a three year suspended sentence conditioned on specific parole requirements. Woolsey reserved the right to appeal...

Frutiger v. State - 11/30/1995
By the Court, Young, J.: Charles Dickens noted, we should "take nothing on its looks; take everything on evidence. There's no better rule." Charles Dickens, Great Expectations ch. XL (1861). Therefore, even after discerning all the...

Johnson v. State - 8/24/1995
By the Court, Steffen, C. J.: FACTS On August 14, 1993, Nevada Highway Patrol Trooper Chava Chevat noticed an approaching car, driven by appellant James Joseph Johnson, exceeding the 55 mile-per-hour speed limit. Chevat...

Field v. State - 4/27/1995
Per Curiam: This is an appeal from an order of the district court affirming the Department of Motor Vehicles' ( [111 Nev. 552, Page 554] the Department of Motor Vehicles' (DMV) revocation of appellant's driving privileges....

Parsons v. District Court - 11/30/1994
Per Curiam: Petitioner David Earl Parsons (Parsons) was charged by criminal complaint with one count of felony driving under the influence (DUI). The justice court granted Parsons' motion to strike one of his prior convictions,...

Dawes v. State - 9/28/1994
Per Curiam: Appellant Emory Todd Dawes was charged as a principal to involuntary manslaughter for the death of Jennifer Gail Swett. Swett died when a truck driven by Dawes' friend, Kevin Neil Jenkins, forced the car in which...

State - 8/10/1994
Per Curiam: This is an appeal from an order of the district court reversing the decision of a Department of Motor Vehicles (DMV) hearing officer to revoke respondent Manuel Madrigal's driving privileges. On June 25, 1991, the DMV...

State - 5/19/1994
Per Curiam: The State of Nevada, Department of Motor Vehicles and Public Safety ("DMV"), asks this court to hold that federal park rangers are police officers within the meaning of the Nevada implied consent laws, and that they...

Anderson v. State - 12/22/1993
Per Curiam: Appellant James Larry Anderson appeals from a judgment of conviction, pursuant to a jury trial, of three counts of driving while under the influence of intoxicating liquor (“DUI”) which resulted in a multi-car...

Robertson v. State - 11/29/1993
Per Curiam: A jury determined that appellant was guilty of driving under the influence of alcohol. Thereafter, the district court conducted a sentencing hearing. The state neglected to introduce evidence of appellant's prior DUI...

Grover v. State - 11/3/1993
Per Curiam: This is an appeal from a judgment of conviction, pursuant to a conditional plea of guilty, of one count of driving under the influence of alcohol, third offense. The district court sentenced appellant to serve a term...

State - 9/29/1993
Per Curiam: On May 3, 1984, respondent Hans K. Binder was convicted of driving under the influence of an intoxicating beverage in violation of NRS 483.379(1). Pursuant to NRS 483.450(3), the court clerk sent the report of...

State - 6/22/1993
Per Curiam: This is an appeal from an order of the district court reversing a Department of Motor Vehicles hearing officer's decision to revoke respondent's driving privileges. Sergeant Peppley of the Nevada Highway Patrol...

Long v. State - 5/27/1993
Per Curiam: Appellant was charged in an information filed June 25, 1990, with one count of driving under the influence of intoxicating liquor, third offense, pursuant to NRS 484.379. See also NRS 484.3792(1)(c). Specifically,...

Beavers v. State - 4/27/1993
Per Curiam: This is an appeal from an order of the district court affirming the Department of Motor Vehicles' revocation of appellant's driving privilege. On August 30, 1990, a Nevada Highway Patrol Trooper observed a...

Jenkins v. District Court - 3/24/1993
Per Curiam: This original petition for a writ of prohibition challenges an order of the district court refusing to dismiss two of three alternative charges in a criminal complaint after petitioner pleaded no contest to the third...

Polson v. State - 12/11/1992
Per Curiam: On July 11, 1990, appellant Kyle Dean Polson was arrested for driving under the influence of alcohol. A Douglas County sheriff observed Polson pull his pickup into a parking lot, get out of the vehicle, fall down, get...

Raquepaw v. State - 12/4/1992
Per Curiam: On March 16, 1991, appellant was arrested for driving under the influence of alcohol. According to the Intoxilyzer 5000 breath analysis performed on appellant, his blood alcohol level was 0.12%. Appellant was charged...

State - 12/4/1992
Per Curiam: This is an appeal from an order of the district court granting respondent Hafen's petition for judicial review and reversing the revocation of Hafen's driver's license. The record on appeal contains a copy of a...

Shaw v. Continental Ins. Co. - 10/29/1992
Per Curiam: On November 7, 1989, appellants Edward and Leeandra Shaw and their three children were injured in an automobile accident when they were struck from behind by Scott Stafford, an intoxicated driver. All of the Shaws...

Sheriff v. Harrington - 10/22/1992
Per Curiam: This is an appeal by the state from an order of the district court granting respondent Harrington's pretrial petition for a writ of habeas corpus. On December 9, 1991, and December 17, 1991, a preliminary...

Coty v. Washoe County - 9/3/1992
By the Court, Mowbray, C. J.: The sole issue on appeal is whether the appellants have set forth facts sufficient to sustain a wrongful death action by asserting that deputy sheriff “affirmatively caused” their harm, pursuant to...

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