To evade police means a person is told to stop by a police officer, but refuses to do so. Instead, they flee police or continue where they were traveling. If a person evades the police without any aggravating factors present, they simply did not stop when police ordered them to do so. A misdemeanor conviction is about six months in county jail. The crime of evading police may become a felony when an aggravating factors such as driving under the influence is present.
What Is Driving Under the Influence?
Driving under the influence (DUI) is the unlawful act of operating a motor vehicle while under the influence of drugs and/or alcohol. In Nevada, the legal blood alcohol concentration (BAC) level is 0.08 percent. Any BAC level at or above 0.08 considered over the limit for operating a motor vehicle, meaning that it is illegal to operate a vehicle while in possession of a BAC level of 0.08 or higher.
What Is Evading Police While Driving Under the Influence in Nevada?
Evading police while driving under the influence refers to a person refusing a police officer's demands for them to stop while they are driving under the influence. In Nevada, this is a felony crime.
Will I Be Automatically Charged with Felony Eluding Prior to My DUI Trial?
No. The case becomes felony evading police only after a person is convicted of a DUI.
What Punishment May I Face If I Am Convicted of This Crime?
If a person is convicted of evading the police while driving under the influence, then they are guilty of a category D felony. Under a category D felony, a person will receive a sentence of:
- One to four years in prison
- $5,000 fine
- Fine and prison time
It is always possible that a person may have their prison sentence suspended in exchange for probation.
Do I Need an Attorney?
A felony is very difficult to defend yourself against when you are on your own. Thus, it is vital to contact a Nevada attorney about your case and learn more about your legal rights.