How to get out of a DUI?
Are you facing a DUI in Nevada? If so, you might be wondering if it’s possible to hire a lawyer and get your DUI charge dismissed. As you can imagine, this question comes up quite often as people realize the serious repercussions that come with DUI convictions.
The truth is, DUI dismissals are rather rare in this state, so you’ll have to fight hard for that outcome. You’ll need a skilled lawyer on your side who knows all the laws well and can create a solid strategy for your defense. Fortunately, our team at ATAC Law Firm can help with your case.
To help you get started on this journey, here’s a look at just what you need to know about getting your DUI charge dismissed.
What are the DUI Mandatory Penalties?
In an effort to discourage people from driving a vehicle while under the influence of drugs and alcohol, Nevada courts have mandatory penalties in place. So, if you end up with a DUI conviction, the judge will have to follow the minimum sentencing factors instead of using their own judgment.
Even if it’s your very first DUI, the mandatory penalties are:
- Jail for at least 48 hours
- Minimum fine of $400 plus other court fees
- License suspended for 90 days
- Requirement to complete driving school at your own cost
The penalties just get worse from there, too.
For that reason, it’s wise to try and get your DUI charge dismissed or at least reduced to reckless driving. You must have a solid case and a great defense lawyer to have any real chance of fighting against the charges though.
Driving intoxicated can lead to arrest, leaving you fighting to get your DUI charge dismissed
Possible Strategies for Nevada DUI Dismissals
If you hire a knowledgeable Nevada defense lawyer to get your DUI Charge Dismissed, you can expect them to discuss several possible dismissal strategies, like:
Absence of Charging Officer
You have the right to face your accuser in court, so the charging officer must show up to your trial. On top of that, they must testify under oath about their interactions with you during the traffic stop. If they do not show up to speak about your violations of the law, then your lawyer can ask for a dismissal of your charges.
Sobriety Test Challenge
Your lawyer can question both the Field Sobriety Test and Breathalyzer Test results during the cross-examination of the officer. When completing the Field Sobriety Test, the officer interprets the results, resulting in the risk of human error. Errors can occur in the Breathalyzer Test, too, largely due to the calibration and operation of the equipment. If any errors did occur, your lawyer can ask the court to dismiss your case.
Exclusionary Rule Defense
To legally stop you for questioning, the officer must have had reasonable suspicion of your impairment. Barring that, you must have broken at least one traffic law. If not, then the stop could end up declared illegal. If that happens, the court must exclude all findings from the traffic stop as evidence.
With that, it’ll likely be difficult to impossible for the prosecutor to continue with the case, resulting in its dismissal.
Skilled lawyers can use their understanding of the law to verify that the police and courts followed all the correct procedures for your case. With that move, they can search for errors that open up the doors to the dismissal of your DUI in Nevada.
Other Potential DUI Case Outcomes
If your lawyer cannot find a reason to get your DUI charge dismissed, it’s not time to give up hope quite yet. They may still be able to get the charges reduced to reckless driving to minimize the penalties you face.
Although reckless driving is still a serious charge, it does not have mandatory penalty minimums for the judge to follow. Oftentimes, it’s possible for you to avoid losing your license, avoid jail time, and pay much less in fines and fees.
Furthermore, you can seal your criminal record after just one year instead of the seven you’d have to wait after getting convicted of a DUI. So, it’s a good idea to pursue having your DUI charges reduced to reckless driving if at all possible.
Need Help with Your DUI Case in Nevada?
You need to go on the offense if you want to defend yourself from the harsh DUI penalties. Otherwise, you’re sure to get hit with the mandatory minimums and pay big time for your mistake.
So, it just makes sense to partner with ATAC Law Firm upon learning about your Nevada DUI charge. At our firm, law is war, so you know that we’ll always go above and beyond in creating a winning strategy for your case. Our goal is to get your DUI Charge Dismissed.
To get started, you just have to give us a call at 725-217-4753 to schedule a free consultation. From there, we’ll learn more about what you’re up against and assemble our in-house team of private investigators to fight on your behalf.
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“How do you beat a DUI in Nevada?”
To learn more about DUI charges in Las Vegas and how to get your DUI Charge Dismissed or to discuss a particular criminal case that you or someone you love is facing, Call ATAC Law firm for help to get your charges reduced or dismissed.
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