DUI cases in Las Vegas are rarely simple and smooth. Even if your blood test or breath test puts you above the legal limit of .08 BAC, it can still get pretty complex. Prosecutors and police can go after you anyway, attempting to make you appear much more inebriated than you actually are.
It can be frustrating when you know you were not drunk, but the other side is trying to make you appear like you were. That is why you need an experienced criminal law attorney on your side to represent you.
Your defense attorney will put together a defense strategy to help you and they may even employ some of the other strategies mentioned here. They will present evidence while pointing out the flaws in the evidence that the prosecution presents.
A good defense attorney will fight for you and that is exactly what you want – what you need.
Can you get a DUI reduced in Nevada?
Sometimes a person who has gotten a DUI may be able to get a reduced charge instead of a DUI. Reckless driving is one of the most common alternative charges that are given for DUI. While it is still a serious charge, the penalty is lighter. This is also advantageous because it keeps you from having a DUI on your record.
Your defense attorney may also be able to negotiate your DUI charge so that you have a reduced sentence. You can talk to your lawyer and see what they propose and what they consider to be the best course of action to take for your particular case.
How do you get a DUI dismissed in Nevada?
Some people believe that the first DUI a person gets is dismissed automatically. That is a myth. First time DUIs are processed just like second and third DUIs. While your defense attorney may be able to get your sentence or charge reduced, it is much harder to get the DUI dismissed.
The only way to get a DUI dismissed is if the prosecution lacks sufficient evidence to prove beyond a shadow of reasonable doubt that you are guilty of a DUI or if the prosecution lacks sufficient evidence. If either of those scenarios occurs, the prosecution cannot get a conviction and the case will be dismissed.
However, your defense attorney may be able to get you a reduced sentence which could include community service instead of jail time.
What are the most common defenses for a DUI?
DUI defenses depend on the circumstances that surround your case, including the incident itself, testing to determine your BAC and the arrest. Your defense attorney will scrutinize all of these areas to find the best possible defense strategy for you.
Some of the most common DUI defenses include:
- The Field Sobriety Test was done incorrectly. Many officers are not trained correctly in administering this test, or they simply do not execute it properly. Either way, it does leave a lot of room for the defense to come in and tear down the charge.
- There was no probable cause for the stop. Police officers must have probable cause to pull a person over. While DUI checkpoints do not have to adhere to this, police officers on the roads do. They must see you driving in a way that makes you seem impaired or you must violate a traffic law.
- The breath machine gave an inaccurate reading. If the Intoxilyzer 5000 Breath Machine reads mouth alcohol instead of lung alcohol, the reading could be deceptively high, giving a false reading.
- Field Sobriety Tests are largely inaccurate and unreliable. These tests have a very high rate of error and are not reliable in measuring a person’s DUI impairment.
- Non-alcohol factors caused a false positive on the Field Sobriety Tests. Nervousness, high-heeled shoes, a sinus infection, and even high blood sugar can affect a person’s balance and ability to complete the tests accurately.
- The Field Sobriety Test does not establish a baseline. The officer administering the test has nothing to compare it to because there is no baseline. Therefore, they cannot make an accurate determination on whether you are intoxicated or not.
- Insufficient evidence for arrest. The police must have probable cause in order to arrest you.
How long does it take for a DUI to come off of your record in Nevada?
Under Nevada law, first-offense and second-offense DUI convictions can be sealed no sooner than seven years after the culmination of the case. However, felony DUI convictions can not be sealed.
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What is the “2 hour rule” for DUIs in Nevada?
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