Posts Tagged ‘DUI in Nevada’

5 Tips from a Las Vegas DUI Attorney When Facing a Field Sobriety Checkpoint

You’re driving home from a night out with friends after having had a drink or two and notice up in the distance on your way home a field sobriety checkpoint. All of a sudden your heart begins to race, your face feels flushed, your palms become sweaty, you’re anxious, and starting to think maybe I should turn around and take the back roads home. Sounds like a good idea, right? Wrong. These are the exact things you should try to avoid doing in this type of situation. If that isn’t the best thing to do, then what is? Below you will find the five things you should remember to do the next time you are faced with a field sobriety checkpoint.

1. Keep calm.
When approaching a field sobriety checkpoint make sure to not panic, and drive cautiously until designated by an officer to pullover. Keep in mind that not every vehicle will be pulled over at a checkpoint, and if you are chosen to it does not mean that you are suspected of DUI. According to Federal Law, officers are not allowed to detain every vehicle that passes through a checkpoint. The officers conducting the checkpoint are required to use a mathematical formula to determine which vehicles to pullover (i.e. every X number of cars).

2. Don’t draw attention to yourself.
Do not attempt to avoid the checkpoint by performing a U-turn or turning away from it. This will cause suspicion and draw attention to your vehicle, and will likely lead to a “Chase car” pulling you over after you have done so. “Chase cars” are designated officers that look for vehicles that try to avoid a checkpoint.

3. Do what is asked.
If chosen to pull over, while waiting in the designated area try to have your license and registration ready for the officer, they will likely be asking you to provide these documents. Having these items ready will also help in making the process a much smoother and faster one.

4. Performing a field sobriety test.
Federal law requires that the time officers detain a vehicle be kept to a minimum. That being said you will only be asked to step outside of your vehicle and perform a field sobriety test if you exhibit obvious signs of intoxication such as:

  • Glossy Eyes
  • Slurred Speech
  • Slow Motor Skills
  • Erratic or Improper Driving
  • Strong Odor of Alcohol
  • Poor Coordination

5. Cooperate.
Although field sobriety test are optional, refusing to cooperate in a field sobriety test may cause suspicion and lead the officer to believe there is probable cause and allowing the officer to submit you for either a breath, blood, or urine test, all of which cannot be refused per Nevada Per Se law. If you find yourself being arrested for a DUI charge, it is important to contact a Las Vegas DUI attorney immediately following the arrest.

Remember, even if you do fail a field sobriety test and are arrested for a DUI it does not mean you will be convicted for it. There are a number of strategies and defenses that can be used to reduce your penalties or even have the charge dismissed. Be mindful that a DUI charge is a criminal charge and is not to be taken lightly. You will need the help of an experienced and knowledgeable Las Vegas DUI attorney to represent you in court.

Contact us today for a free consultation by calling (702) 529-0333 or submitting the contact request form in the upper right corner of this page.

Top 10 DUI Questions Answered By a Las Vegas DUI Attorney

What is BAC?

BAC (blood alcohol content) is commonly used for legal and medicinal purposes to measure the amount of alcohol in one’s blood. The legal BAC limit in the state of Nevada is .08% for drivers age 21 and over, .04% for commercial license holders, and .02% for underage drivers. Because BAC limits act only as a guide for officers, it is still possible to be charged and arrested for a DUI with a BAC reading below the legal limit.

Can I refuse to take a breathalyzer test?

No. Unlike many states that allow the refusal of BAC testing by the arrestee during a DUI arrest, when being arrested in Nevada for DUI, the arrestee has no right to refuse BAC testing, and by law the arresting officers have permission to use reasonable force to administer such tests.

Are field sobriety and breathalyzer tests always accurate?

No. There are many factors that can lead to a false reading. A skilled and experienced Las Vegas DUI attorney will know about the faults in such tests and will examine your case to find any discrepancies in your test results.

What are some of the common signs of intoxication that an officer will use to warrant a DUI arrest?

The following are common indicators that a police officer would use to determine whether or not a driver is intoxicated:

  • Slurred speech
  • Glazed or blood shot eyes
  • Obnoxious behavior
  • Failure to comprehend questions and follow directions
  • Weaving or drifting in and out of the lane
  • Sudden speed changes
  • Slow responses to traffic lights
  • Wide turns

Will I lose my license after being convicted for a DUI?

  • First Conviction – Driver License revoked for 90 days
  • Second Conviction (within 7 years) – Driver License revoked for one year
  • Third Conviction (within 7 years) – Driver License revoked for 3 years
  • DUI Conviction that Resulted in a Death or Serious Injury – Driver License revoked for 3 years

Will I have to go to jail after a DUI?

Because each case is unique, there is no clear cut answer to this question. The best way to prevent having to face jail time is by seeking the counsel of an experienced Las Vegas DUI lawyer.

What penalties will I face for a DUI?

There are two types of consequences associated with DUI convictions, administrative and criminal. Administrative consequences are imposed by the Department of Motor Vehicles on you and your license. Criminal consequences are imposed by the courts in the form of fines and criminal charges. Click here to view these penalties in detail.

Why should I hire a Las Vegas DUI attorney?

A DUI conviction can have an enormous negative impact on your life. Defending a DUI charge in Nevada requires the experience and knowledge of a Las Vegas DUI attorney to walk you through every step of the process, and help minimize the penalties and consequences that you could face.

When should I call an attorney after a DUI?

You should contact a Las Vegas DUI attorney immediately after your arrest. Your attorney will provide you with the best advice to increase your odds of beating your DUI charge.

What should I do if I already have a DUI conviction, and I am being charged for another DUI?

Contact an experienced Las Vegas DUI lawyer immediately. Nevada law allows for harsher punishments with each DUI offense, so you will need a trusted Las Vegas DUI attorney to represent your case and negotiate for a lessening or reduction of these penalties.

Contact us today for a free consultation by calling (702) 529-0333 or submitting the contact request form in the upper right corner of this page.

Advice From a Las Vegas DUI Lawyer: Steps to Take When Charged with a DUI in Nevada

After facing a DUI arrest, most people are anxious and not sure what to do next. Below is a list of recommended actions to take immediately after being arrested for a DUI in Las Vegas. A DUI charge can be tremendously nerve wrecking, but with the help of a trusted Las Vegas DUI lawyer the process can be much more bearable.

1. Make sure to contact friends or family that can vouch for your sobriety. It is best to contact someone as soon as the arrest occurred so they can testify on your behalf of your coherency and speech ability at the time of the arrest.

2. Make a detailed list of the food and alcohol consumed in the hours leading up to the arrest. Be sure to get copies of any receipts that show the purchase of the food or alcohol consumed to provide as documentation. Many times field sobriety, blood, breath, and urine test are done incorrectly by the arresting officers and lead to a false DUI arrest. With the information provided we are able to match the claimed blood alcohol content (BAC) with the consumption pattern to see if there are any discrepancies.

3. Consult with an experienced and knowledgeable Las Vegas DUI lawyer. Having a skilled and experienced Las Vegas DUI lawyer that understands the Nevada DUI laws greatly increases your chance of beating your DUI charge.

4. Let your Las Vegas DUI lawyer know of any health conditions that may have potentially negatively altered the results of your BAC. Some of the common conditions that effect BAC during an arrest are gastro-esophageal reflux disease, chronic acid reflux or heartburn, cavities, gingivitis, and dental pockets.

5. Be completely honest with your Las Vegas DUI attorney. Lying about the situation or leaving parts of your story out will not help your case. By law any details of your case that are discussed between you and your Las Vegas DUI attorney cannot be admitted as evidence against you in court.

6. Contact the DMV and request a DMV hearing to contest suspension of your license. Failure to request a DMV hearing within the allotted time frame may result in an automatic suspension of your driver license.

This list is a great start to reduce the negative consequences of a DUI charge, but is by no means a substitute for the counsel of an experienced Las Vegas DUI attorney. Contact us today for a free consultation by calling (702) 529-0333 or submitting the contact request form in the upper right corner of this page.