What a DUI defense attorney does after a car accident in Reno
A DUI defense attorney in Reno handles the legal side of a drunk driving charge that resulted from a car accident. Their job is to review the police report, the breathalyzer or blood test results, and the circumstances of the stop—and to identify whether the arrest followed proper procedure. They represent you in court, negotiate with the prosecutor, and challenge evidence if it was collected incorrectly.
After a car accident involving alcohol, you face two separate legal processes: a criminal DUI case and a civil liability case (if someone was injured or property was damaged). A DUI attorney focuses on the criminal charge. They do not handle the injury claim or property damage claim—those go to a personal injury or insurance attorney—but they can advise you on how the criminal case may affect the civil one.
In Reno, DUI cases are prosecuted in the Washoe County District Court if the charge is a felony, or in Reno Justice Court if it is a misdemeanor. An attorney licensed to practice in Nevada can represent you in either court. The attorney's role is to protect your rights during arrest, questioning, and trial, and to work toward the best possible outcome—whether that is dismissal, reduced charges, or a favorable sentence.
Key Takeaways
- A DUI defense attorney reviews police procedures, test results, and arrest circumstances to find weaknesses in the prosecution's case.
- Reno DUI cases go to Washoe County District Court for felonies or Reno Justice Court for misdemeanors, and your attorney must be licensed in Nevada.
- You need a separate attorney for any civil injury or property damage claim; the DUI attorney handles only the criminal charge.
- The first conversation with an attorney should cover their experience with Reno courts, their fee structure, and whether they negotiate with local prosecutors regularly.
How to find a DUI attorney in Reno
Start with the State Bar of Nevada's lawyer referral service, which lists attorneys licensed to practice in Nevada and filtered by practice area. You can search online at the State Bar website or call their referral line. This ensures the attorney is in good standing and has no disciplinary history you should know about.
Ask for attorneys who list DUI defense as a primary practice area and who have handled cases in Washoe County. An attorney who practices DUI defense in Las Vegas may not know the Reno judges, prosecutors, or local court procedures the way a Reno-based attorney does. Local knowledge matters—prosecutors and judges have patterns, and a local attorney knows them.
You can also ask for referrals from friends or family who have used a DUI attorney, or search online reviews on Google, Avvo, or Yelp. Read reviews for mentions of communication, whether the attorney explained the process, and whether they negotiated aggressively. Be skeptical of reviews that promise outcomes—no attorney can may provide a result.
Once you have a short list, call each attorney's office and ask whether they offer a free initial consultation. Many do. Use that call to ask about their experience, their fee structure, and how they would approach your case.
What to ask a DUI attorney during your first conversation
Ask how many DUI cases they have handled in Washoe County in the past two years. An attorney with 50 cases in that time has more current experience than one with 5. Ask specifically about cases similar to yours—a car accident DUI, a high blood alcohol level, or a refusal to take a breath test.
Ask what they charge: flat fee, hourly rate, or a combination. A flat fee means you know the total cost upfront; an hourly rate means the bill grows with the work. Ask whether the fee covers everything through trial, or whether trial costs extra. Ask what happens if you cannot pay the full amount upfront—do they offer a payment plan.
Ask how they would challenge the evidence in your case. Would they request the calibration records for the breathalyzer? Would they file a motion to suppress the traffic stop if it was unlawful? Would they request the dash camera or body camera footage from the officer? An attorney who asks specific questions about your arrest is thinking through the case; one who gives generic answers may not be.
Ask how often they negotiate with the Washoe County District Attorney's office and what kinds of deals they typically see—reduced charges, deferred adjudication, or probation without jail time. This tells you whether they have a working relationship with the prosecutors and what realistic outcomes look like in Reno.
Understanding DUI charges and penalties in Nevada
Nevada law defines DUI as driving with a blood alcohol concentration (BAC) of 0.08 percent or higher, or while impaired by alcohol or drugs. A first DUI offense is a misdemeanor, punishable by up to six months in jail, a fine of $400 to $1,000, and a mandatory suspension of your driver's license for 90 days to one year.
A second DUI within seven years is also a misdemeanor but carries harsher penalties: up to one year in jail, a fine of $750 to $1,000, and a license suspension of one to three years. A third DUI within seven years becomes a felony, with up to three years in prison and a license suspension of one to three years.
If your DUI accident caused injury or death, the charge escalates. DUI causing injury is a felony, and DUI causing death is a felony with a mandatory minimum of two years in prison. These are the cases where an experienced attorney is most critical—the stakes are highest and the prosecution will be aggressive.
Nevada also has an "implied consent" law: when you drive, you consent to a breath or blood test if arrested for DUI. Refusing the test carries its own penalties—a one-year license suspension for a first refusal, and a three-year suspension for a second refusal within seven years. An attorney can challenge whether the officer had probable cause to request the test, but the refusal itself is a separate violation.
How a DUI attorney challenges the prosecution's case
The most common challenge is to the traffic stop itself. An officer must have reasonable suspicion that you committed a crime before pulling you over. If the stop was unlawful—the officer had no reason to believe you were impaired—an attorney can file a motion to suppress, which asks the court to throw out all evidence gathered after the stop. If the motion succeeds, the case often falls apart.
A second challenge is to the breath or blood test. Breathalyzers must be calibrated regularly and maintained properly. Blood tests must be collected, stored, and analyzed according to strict protocols. If the equipment was not calibrated, or if the blood sample was contaminated or mislabeled, the test result may be unreliable. An attorney requests the maintenance records and the chain of custody for the sample.
A third challenge is to the field sobriety tests—the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test. These tests are subjective and can be affected by fatigue, medical conditions, or uneven ground. An attorney can argue that the officer administered the test incorrectly or misinterpreted the results.
A fourth challenge is to the officer's observations. The officer may have noted slurred speech, bloodshot eyes, or the smell of alcohol—but these observations are subjective and can have other explanations. An attorney can cross-examine the officer in court and highlight inconsistencies in their testimony.
The cost of hiring a DUI attorney in Reno
DUI attorney fees in Reno vary widely depending on the attorney's experience, the complexity of your case, and whether the case goes to trial. A misdemeanor DUI handled by negotiation (no trial) typically costs $1,500 to $3,500 in flat fees. A felony DUI or a case that goes to trial can cost $5,000 to $15,000 or more.
Some attorneys charge hourly rates ranging from $150 to $400 per hour. If your case requires extensive investigation—requesting records, hiring informed witnesses, or filing multiple motions—the hourly cost can add up quickly. Ask the attorney for an estimate of how many hours they expect to spend on your case.
If you cannot afford an attorney, you may be may have access to to a public defender. You must request one at your first court appearance and demonstrate that you cannot pay for private counsel. A public defender is a licensed attorney who handles DUI cases regularly, though they carry a heavy caseload and may have less time to spend on your individual case.
Some attorneys offer payment plans, allowing you to pay a portion upfront and the rest in installments. Ask about this option if cost is a barrier. Do not let cost alone drive your choice—a cheaper attorney who does not know Reno courts may cost you more in the long run through a worse outcome.
What happens after you hire an attorney
Your attorney will request the police report, the officer's dash camera and body camera footage, the breathalyzer calibration records, and any other evidence the prosecution has. This is called discovery. The prosecution must turn over all evidence, including evidence that helps your defense.
Your attorney will review this evidence and advise you on your options: go to trial, negotiate a plea deal, or request a continuance to gather more evidence. If the evidence is weak, your attorney may negotiate with the prosecutor for reduced charges or a lighter sentence. If the evidence is strong, your attorney may advise you to accept a plea deal rather than risk a harsher sentence at trial.
If you go to trial, your attorney will file motions before trial (such as a motion to suppress evidence), cross-examine the prosecution's witnesses, and present your defense. Your attorney will also advise you on whether to testify—testifying can help your case, but it also exposes you to cross-examination by the prosecutor.
Throughout the process, your attorney is your advocate. They explain what is happening, what your options are, and what the likely outcomes are. They do not make decisions for you, but they give you the information you need to make informed decisions.
Frequently Asked Questions
Should I talk to police before I hire an attorney?
No. After a DUI arrest, you have the right to remain silent and the right to an attorney. Exercise both. Anything you say to police can be used against you in court. Tell the officer you want to speak to an attorney, then stop talking. Your attorney will advise you on what to say later.
Can an attorney get my DUI charge dismissed?
Sometimes, if the stop was unlawful, the test was unreliable, or the officer's observations were flawed. But dismissal is not may provide. Your attorney will review the evidence and tell you whether dismissal is realistic in your case. If not, they will work toward reduced charges or a lighter sentence.
What is the difference between a plea deal and going to trial?
A plea deal means you plead guilty to a charge (often a reduced one) and accept a sentence without a trial. A trial means the prosecution must prove guilt beyond a reasonable doubt in front of a judge or jury. Plea deals are faster and more predictable; trials are riskier but can result in acquittal.
Will a DUI conviction affect my job?
That depends on your job. Some employers do not care about a DUI conviction; others do. Some professional licenses (nursing, law, teaching) may be affected. Ask your attorney how a conviction might affect your specific situation, and discuss this before deciding whether to accept a plea deal.
Can I drive while my case is pending?
Not automatically. If you refused the breath test, your license is suspended when ready. If you took the test, you may be able to drive on a restricted license (for work or school) while your case is pending. Your attorney can request a hearing to challenge the suspension or to obtain a restricted license. Ask about this at your first meeting.