Nevada County First DUI Lawyer

Nevada County First DUI Lawyer

Nevada County First DUI Lawyer | Truckee • Grass Valley • Nevada City | 530-265-0186

Nevada County First DUI Lawyer

Truckee • Grass Valley • Nevada City • Penn Valley • Interstate 80 • Highway 49

County-Wide First DUI Defense • Both Courthouses • Nevada Residents Welcome

25+ Years Defending First-Time DUI Cases Throughout Nevada County

Call (530) 265-0186 - Free Consultation
If you've been arrested for your first DUI anywhere in Nevada County—whether in Truckee after skiing, on Interstate 80 heading to Reno, downtown Grass Valley or Nevada City, or anywhere along Highway 49—you're probably feeling overwhelmed and scared right now. Take a breath. You're not alone, and one mistake doesn't have to ruin your life. As a Nevada County DUI attorney with 25+ years of experience appearing in both Nevada County courthouses (Nevada City and Truckee), I've helped hundreds of first-time offenders successfully navigate this process. Whether you live here or you're from out of town (including Nevada residents), I can guide you through this step by step.

You Just Got Home - What You Need to Know Right Now

You're exhausted from being processed at Nevada County Jail, worried about what happens next. Here's what you need to know immediately:

Step 1: Take Care of Yourself First

The immediate crisis is over. You're home. Before anything else, get some rest, drink water, and give yourself a chance to decompress. You need to be clearheaded to make good decisions.

You have time: Yes, there's a 10-day DMV deadline, but that's 10 full calendar days from arrest. You can rest tonight and handle this tomorrow or the next day.

Step 2: Two Separate Cases

Your DUI arrest created two different legal proceedings:

  • DMV (Your License): Administrative suspension. You have 10 days to request a hearing. This is separate from court.
  • Criminal Court (The DUI Charge): Heard at either Nevada City courthouse or Truckee courthouse depending on where you were arrested.

These are independent processes. An attorney handles both simultaneously.

Step 3: The 10-Day DMV Deadline

You have 10 calendar days from arrest to request a DMV hearing. Here's what happens:

  • When you hire an attorney, they request it immediately (by phone/fax)
  • Your pink temporary license stays valid until the hearing (30-60 days away)
  • You don't personally need to do anything except call an attorney within a few days

Action: Contact a Nevada County DUI attorney within 2-3 days, and we'll handle the DMV request for you.

Step 4: Gather Your Documents

When you're ready (tomorrow or the next day), gather:

  • Pink temporary driver's license
  • Citation showing your court date and courthouse location
  • Receipts from that evening
  • Contact info for anyone who was with you

Step 5: Don't Discuss Your Case

Don't post about your arrest on social media. Don't tell friends the details. Save it for your attorney—that conversation is protected by attorney-client privilege.

You're Going to Get Through This

Thousands of people face first-time DUI charges in California every year, and most move forward successfully. Many first-time cases result in no jail time, reduced charges, and minimal long-term impact.

With experienced legal help, you can:

  • Challenge the charges and possibly get them reduced or dismissed
  • Fight to preserve your driver's license
  • Avoid jail time
  • Protect your job and reputation
  • Move forward with your life

Call 530-265-0186 for a free consultation. I'll explain everything clearly, answer your questions, and help you understand your options—no judgment.

Which Courthouse Will My Case Be In?

Nevada County has two courthouses, and your arrest location determines where your case is heard:

Nevada City Courthouse

Address: 201 Church Street, Nevada City, CA 95959

Handles DUI arrests from:

  • Grass Valley and all surrounding areas
  • Nevada City and downtown
  • Penn Valley and Lake Wildwood
  • Highway 49 corridor (western Nevada County)
  • Highway 20 (western sections)
  • Rural western Nevada County

Truckee Courthouse

Address: 10075 Levon Avenue, Suite 201, Truckee, CA 96161

Handles DUI arrests from:

  • Truckee and surrounding mountain communities
  • Interstate 80 corridor (eastern Nevada County)
  • Donner Summit and Donner Pass Road
  • Highway 89 (Tahoe areas)
  • Eastern Nevada County near Nevada state line

Your citation will specify which courthouse. I regularly appear at both courthouses and know the judges, prosecutors, and procedures at each location.

🌲 Nevada Residents: Got a DUI in California?

If you live in Nevada (Reno, Sparks, Carson City, or anywhere in Nevada) and were arrested for DUI in Truckee or elsewhere in California, here's what you need to know:

You Cannot Ignore This

Many Nevada residents mistakenly think they can ignore a California DUI because they live out of state. You cannot. Here's what happens if you ignore it:

  • California issues a warrant for your arrest
  • You can be arrested if stopped in California for any reason
  • California notifies Nevada DMV through interstate compact
  • Your Nevada driver's license can be suspended
  • The charge remains on your record and can become a prior

How California DUI Affects Your Nevada License

California participates in the Interstate Driver's License Compact. This means:

  • California reports your DUI arrest to Nevada DMV
  • Nevada DMV can suspend your Nevada license based on California DUI
  • You must deal with BOTH California DMV and Nevada DMV issues
  • A California DUI conviction appears on your Nevada driving record
  • If you get a DUI in Nevada later, the California DUI counts as a prior

Do I Have to Keep Coming Back to Truckee for Court?

Not necessarily. This is why many Nevada residents hire a California attorney:

  • A California attorney can appear at most court dates on your behalf
  • You typically only need to appear for sentencing (if case doesn't dismiss)
  • Your attorney handles all negotiations, motions, and pretrial conferences
  • This saves you from driving from Nevada to Truckee 4-6 times over several months

Hiring a California Attorney When You Live in Nevada

Yes, you need a California attorney licensed in California (not a Nevada attorney) because:

  • This is a California criminal case in California court
  • Nevada attorneys cannot practice in California courts
  • California DUI law differs from Nevada DUI law
  • You need someone who knows California DMV procedures
  • You need someone who appears regularly in Truckee courthouse

I regularly represent Nevada residents arrested in Truckee. I handle all court appearances, communicate with you by phone/email, and only require you to appear when absolutely necessary. Call 530-265-0186 to discuss your options.

Common Questions About First DUI in Nevada County

Which courthouse will my Nevada County DUI case be in?

Your arrest location determines the courthouse:

  • Nevada City Courthouse (201 Church Street): Handles cases from Grass Valley, Nevada City, Penn Valley, Lake Wildwood, Highway 49, and western Nevada County
  • Truckee Courthouse (10075 Levon Avenue): Handles cases from Truckee, I-80 corridor, Donner Summit, and eastern Nevada County

Your citation specifies which courthouse. If you're unsure, call 530-265-0186 and I can look it up for you.

I live in Nevada and got a DUI in Truckee California - what happens?

Nevada residents arrested for DUI in Truckee face California criminal charges that must be handled in California court. You cannot ignore this—California will issue a warrant and notify Nevada DMV.

What you need to do:

  • Hire a California attorney licensed in California (Nevada attorneys cannot practice in California)
  • Request DMV hearing within 10 days to protect both California and Nevada driving privileges
  • Your attorney can appear at most court dates on your behalf (you won't need to drive from Nevada repeatedly)
  • Deal with California DMV administrative suspension
  • Understand that California will report conviction to Nevada DMV

Many Nevada residents hire me to handle Truckee DUI cases so they don't have to make multiple trips. I communicate by phone/email and handle court appearances.

What's different about a Truckee DUI versus other Nevada County DUI cases?

Truckee DUI cases have unique characteristics:

  • Out-of-town defendants: Many arrested in Truckee are tourists, skiers, or Nevada residents
  • Different courthouse: Cases heard in Truckee (10075 Levon Avenue) not Nevada City
  • Heavy I-80 enforcement: CHP conducts aggressive DUI patrols on Interstate 80, especially ski season
  • Seasonal patterns: More arrests during ski season (November-April) and holidays
  • Out-of-state license issues: Many defendants have Nevada, Oregon, or other state licenses
  • Appearance challenges: Defendants living far away struggle with repeated court appearances

Despite these differences, penalties are the same throughout Nevada County—California state law applies everywhere.

Do first DUI penalties differ in different parts of Nevada County?

No. First DUI penalties are set by California state law and apply uniformly throughout Nevada County. Whether arrested in Truckee, Grass Valley, or Nevada City, you face the same potential penalties:

  • Up to 6 months county jail (rarely imposed for first offense with no aggravating factors)
  • $1,800-$3,000 in fines and fees
  • 3-month or 9-month DUI education program
  • 6-month license suspension (restricted license available with IID)
  • 3-5 years informal probation

However: Different judges in different courthouses may have different sentencing tendencies, even though the legal penalties are the same. This is where local experience matters.

I was arrested on I-80 in Nevada County - where do I go to court?

Interstate 80 runs through the entire eastern part of Nevada County, so courthouse location depends on where specifically you were arrested:

  • Eastern I-80 (near Truckee, Donner Summit, Nevada border): Truckee courthouse (10075 Levon Avenue, Truckee)
  • Western I-80 (near Gold Run, Placer County line): May go to Nevada City courthouse or possibly Placer County depending on exact location

Your citation clearly states which courthouse. CHP conducts heavy DUI enforcement on I-80 year-round, with increased saturation patrols during ski season, holidays, and summer weekends.

Can a California attorney help me if I live in Nevada and got a DUI in Truckee?

Yes, and it's essential. You need a California attorney licensed in California (Nevada attorneys cannot practice in California courts) for several reasons:

  • Avoid repeated trips: Attorney appears at most court dates on your behalf, so you don't drive from Nevada 4-6 times
  • Handle California DMV: California DMV procedures differ from Nevada
  • Navigate California law: California DUI law differs significantly from Nevada DUI law
  • Local court knowledge: Truckee courthouse procedures, judges, and prosecutors
  • Protect Nevada license: Minimize impact on your Nevada driving privileges through Interstate Compact

I regularly represent Nevada residents arrested in Truckee. We communicate by phone/email, I handle court appearances, and you typically only need to appear once (if at all). Call 530-265-0186 to discuss your case.

How much does a first DUI cost in Nevada County?

First DUI total costs in Nevada County range from $10,000 to $18,000 including:

  • Court fines and fees: $1,800-$3,000
  • DUI program (3 or 9 months): $500-$800
  • License reinstatement: $125
  • Insurance increases: $4,000+ annually for 3 years
  • Ignition interlock device: $300-$500 installation plus $75-$100/month
  • Attorney fees: varies by case complexity
  • Lost wages from court and DUI classes

For out-of-town defendants: Add travel costs if driving repeatedly from Nevada, Bay Area, Sacramento, etc. Hiring an attorney who appears for you saves these costs.

Can I avoid jail for my first DUI in Nevada County?

Yes, most first-time DUI defendants throughout Nevada County avoid jail entirely. While California law allows up to 6 months county jail, judges typically impose probation, fines, DUI program, and license restrictions instead of custody for first offenders with no aggravating factors.

Factors that can increase jail likelihood:

  • Very high BAC (.15% or higher)
  • Accident causing injury or property damage
  • Child under 14 in vehicle
  • Excessive speed (20+ mph over limit)
  • Refusal to take chemical test

Even with aggravating factors, alternatives to jail often exist (work release, house arrest, residential treatment).

What is a wet reckless and can my Nevada County DUI be reduced?

A "wet reckless" (Vehicle Code 23103.5) is a reduced charge that many first-time Nevada County DUI cases can be negotiated down to when evidence problems exist.

Wet reckless benefits vs. DUI:

  • Shorter DUI program (12 hours vs. 3-9 months)
  • Lower fines and fees
  • No mandatory license suspension by court
  • Shorter probation
  • Record shows "reckless driving" not "DUI"

When is reduction possible?

  • BAC barely over .08% (.08-.10%)
  • No accident or injuries
  • Weaknesses in traffic stop legality
  • Breathalyzer or blood test problems
  • Strong challenge to field sobriety tests

Important: Wet reckless still counts as a prior DUI for 10 years.

Nevada County DUI Defense Strategies

Every first DUI case has potential defenses. Even if you believe the evidence is strong, weaknesses often exist. Here are common defense strategies I use throughout Nevada County:

Challenge the Traffic Stop

Police must have reasonable suspicion to stop your vehicle. If the stop was illegal, all evidence gets suppressed:

  • No valid reason for the stop
  • Officer's observations insufficient for reasonable suspicion
  • DUI checkpoint violations (especially on I-80)
  • Pretextual stop to investigate DUI without proper basis

Attack Breathalyzer Results

Breathalyzer machines have limitations and requirements:

  • Calibration and maintenance records (I subpoena these)
  • Officer training and certification
  • 15-minute observation period violations
  • Medical conditions (GERD, acid reflux) causing false readings
  • Mouth alcohol from recent drinking
  • Radio frequency interference

Challenge Blood Test Accuracy

Blood tests have their own vulnerabilities:

  • Chain of custody documentation
  • Improper storage (blood must be refrigerated)
  • Fermentation causing falsely elevated BAC
  • Contamination issues
  • Lab errors and testing procedures

Rising Blood Alcohol Defense

Your BAC continues rising for 30-90 minutes after you stop drinking. If stopped shortly after leaving a bar or restaurant, your BAC may have been under .08% while driving but rose to .08%+ by testing time. This defense is particularly strong when significant time passes between stop and test.

Field Sobriety Test Challenges

FSTs are subjective and unreliable:

  • Medical conditions affecting balance
  • Poor testing conditions (weather, lighting, road surface)
  • Officer not properly certified
  • Anxiety and nervousness mimicking impairment
  • Non-standardized tests have no scientific validity

Comprehensive Nevada County Coverage

I defend first DUI cases throughout Nevada County, regardless of where the arrest occurred:

Western Nevada County (Nevada City Courthouse)

  • Grass Valley (Highway 49, downtown, residential areas)
  • Nevada City (Broad Street, Sacramento Street, Highway 49)
  • Penn Valley (Highway 20, Pleasant Valley Road)
  • Lake Wildwood
  • Highway 49 corridor (both directions)
  • Highway 20 (western sections)
  • Rural western Nevada County roads

Eastern Nevada County (Truckee Courthouse)

  • Truckee (downtown, Donner Pass Road, commercial areas)
  • Interstate 80 corridor (both directions)
  • Donner Summit and Donner Pass
  • Highway 89 (Tahoe areas)
  • Eastern Nevada County near Nevada state line
  • Mountain resort communities

Law Enforcement Throughout Nevada County

DUI arrests in Nevada County are made by various agencies:

California Highway Patrol (CHP)

CHP conducts most DUI enforcement on:

  • Interstate 80 (heavy enforcement year-round, especially ski season)
  • Highway 49 throughout the county
  • Highway 20 corridors
  • Highway 89 near Tahoe

CHP uses standardized procedures and specific breathalyzer equipment. I know their common procedures and frequent mistakes.

Nevada County Sheriff's Department

Handles DUI enforcement in unincorporated areas:

  • Rural Nevada County roads
  • Lake Wildwood area
  • Penn Valley residential areas
  • Highway coverage outside city limits

Local Police Departments

  • Grass Valley Police: Downtown Grass Valley, residential areas, Highway 49 within city limits
  • Nevada City Police: Downtown Nevada City, Broad Street corridor, Sacramento Street
  • Truckee Police: Downtown Truckee, Donner Pass Road, local streets, commercial areas

Regular Appearances at Both Nevada County Courthouses

For 25+ years, I've been defending DUI cases in both Nevada City courthouse (201 Church Street) and Truckee courthouse (10075 Levon Avenue). I know the judges, prosecutors, procedures, and local law enforcement patterns throughout Nevada County. Whether you live here or you're from out of town—including Nevada residents—I can provide experienced, effective defense.

Schedule Your Free Consultation

Why Choose Our Nevada County First DUI Defense

County-Wide Coverage

Defend first DUI cases throughout Nevada County. Regular appearances at both Nevada City and Truckee courthouses.

Nevada Residents Welcome

Experienced representing Nevada residents arrested in Truckee. Handle court appearances so you don't travel repeatedly.

Both Courthouses

Know judges, prosecutors, and procedures at Nevada City courthouse and Truckee courthouse.

First DUI Specialists

Focus on first-time offenders with strategies to minimize impact, reduce charges, or achieve dismissals.

DMV Hearing Defense

Immediate DMV hearing request to preserve license. Challenge suspension before it takes effect.

25+ Years Experience

Defended hundreds of first DUI cases throughout Nevada County with successful outcomes.

Phillips Personal Injury

Michael Phillips, Attorney at Law

305 Railroad Ave., Suite 5
Nevada City, California 95959
Phone: (530) 265-0186

Serving Truckee, Grass Valley, Nevada City, Penn Valley, and all of Nevada County

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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