Driving under the influence (DUI) is one of the most common offenses committed throughout Las Vegas and the state of Nevada, as many people visit Sin City to enjoy the nightlife. Anyone found to be operating a motor vehicle with an unlawful blood alcohol concentration (BAC) of .08% or higher—.02% for minors under 21 years old and no minimum BAC for commercial drivers—will be subject to serious legal penalties. DUI charges are also applicable to any driver found to be under the influence of drugs and/or a controlled substance. Therefore, having a skilled Las Vegas DUI lawyer is vital when you were arrested for a DUI.
Factors That Affect Vegas DUI Charges
Fighting a drunk driving charge can be difficult, but there are ways to beat a DUI charge. Although you were arrested for DUI (driving under the influence) and may have failed a breath or blood test or were told that you failed field sobriety tests, this does not mean that you will or should be convicted. There are various factors that affect a DUI case, some including:
- Your blood alcohol level.
- Whether you were speeding or driving recklessly at the time of your arrest.
- Whether you caused an accident before your arrest.
- Whether anyone was injured or killed in the accident.
- Whether you resisted arrest.
- Whether you left the scene of the accident
- If you were driving a commercial vehicle.
- If you had children in the vehicle.
- If you were driving with a suspended or revoked license.
- Your age (whether you are over or under 21).
- Your criminal record.
- Your driving record and history of DUI
The Consequences of DUI in Nevada
The first three DUI offenses in Nevada come with heavy fines, driver’s license suspension, and possible jail time:
- A first DUI offense may result in up to six months in jail, up to $1,000 in fines, a 90-day license suspension, and the possible installation of an Ignition Interlock Device in your vehicle.
- A second DUI offense may result in up to six months in jail, up to $1,000 in fines, a one-year license suspension, and the possible installation of an Ignition Interlock Device in your vehicle.
- A third DUI offense may result in up to six years in jail, $5,000 in fines, a three-year license suspension, and the required installation of an Ignition Interlock Device in your vehicle.
Benefits of Hiring a Las Vegas DUI Attorney
Once you are pulled over for suspected drunk driving, you will be in danger of facing criminal charges and driver’s license suspension for driving under the influence. You will need to determine whether to hire a DUI attorney as soon as possible. The best way to determine whether you are in need of legal counsel at this point in time is to contact a local Las Vegas criminal defense lawyer to discuss the matter.
You can get more information about your particular charges and can get started in getting the help you need to make the most advantageous choices about your legal matter and whether you need a lawyer at all. An experienced Las Vegas DUI attorney will be well versed in the impaired driving laws and can handle any of the following that follow DUI charges:
- CDL DUI
- DMV Hearings
- DUI & Auto Insurance
- Out of State DUI
- Revocation of License
- Unlawful Police Stops
- Vehicle Impoundment
In our experience, we have found that most of the time if a client thinks that they might need an attorney that they usually do. When you are dealing with issues such as your freedom, reputation and criminal record, it is best to do whatever you can to avoid a conviction.
Beat A DUI Charge in Las Vegas
Fighting a drunk driving charge can be difficult, but it is possible. Although you were arrested for DUI (driving under the influence) and may have failed a breath or blood test or were told that you failed field sobriety tests, this does not mean that you will or should be convicted. There are various defenses that a lawyer may use on your behalf to beat a Las Vegas DUI charge.
It is important to involve a defense lawyer as soon as possible so he or she has time to build evidence and a compelling case that supports your side of the story. The particular results may vary depending on the circumstances of your case, there may be ways that you can beat a Las Vegas DUI charge with an experienced Vegas defense attorney by your side.
There are various strategies we may take advantage of in order to fight your DUI:
- There was no probable cause for the initial traffic stop that led to your drunk driving charges
- Field sobriety tests were administered improperly
- Mouth alcohol or another factor influenced the results of your breath test
- One or more of the field sobriety tests administered were unreliable
- One or more unrelated factors influenced your performance on field sobriety tests
- Your performance on field sobriety tests was based upon your normal abilities, not intoxication
- An unrelated issue led to the driving behavior that caused the initial traffic stop
- There was insufficient evidence for the DUI arrest
- You were not read your rights when arrested
- Heartburn, diet or acid reflux affected your breath test
- Your alleged blood alcohol concentration (BAC) was unusually high
- The blood sample was mishandled or contaminated
Let De Castroverde Law Group fight for you!
Once you decide to hire a DUI attorney, it is important to make the right choice. This can be difficult. It is a personal matter, and considering the large number of law firms that handle DUI cases in the Las Vegas area, it may be hard to choose which firm you feel comfortable trusting your case to. That is why we recommend visiting the offices of any potential attorneys or firms you are interested in working with.
Undergoing an initial consultation is a good way to determine how you feel about a specific firm or attorney, and from there you can get the information that you need regarding the attorney’s qualifications, case results, education and background to see if you feel that they can professionally handle your case.
Call our offices or contact us online at your earliest convenience to find out more about the services we at De Castroverde Law Group provide to our clients. We will be happy to discuss your legal options with you and are committed to providing straightforward, honest answers to your questions. Don’t accept the serious charges without a fight; enlist De Castroverde Law Group to challenge the accusations and protect your rights! Call us at 702-222-9999.
Frequently Asked Questions About DUI in Las Vegas
Have you been charged with drunk driving in Las Vegas? Between the stop, intoxication testing, arrest, booking, and charges, you are likely overwhelmed and confused about your rights and options to fight the DUI. At De Castroverde Law Group, our DUI defense lawyers are committed to helping our clients fight all types of drunk driving charges, and we can provide the aggressive representation you need. To help you better understand your situation, we’ve answered some of the most frequently asked questions below.
What is an unlawful police stop?
An officer cannot randomly pull a vehicle over to test the driver for intoxication, or else is would be considered an unlawful stop by the police. There are a number of regulations law enforcement must follow when stopping a driver for suspected drunk driving. The officer must have probable cause before pulling a vehicle over, which means there must be good reason to suspect the driver is under the influence. This may be for such behavior as speeding, swerving across the lanes, reckless driving, ignoring traffic signs and signals, driving too slowly, etc. A DUI can also result if the officer pulls you over for a routine traffic violation and notices that you seem inebriated.
What if I failed a breath or blood test?
Many people think it is pointless to challenge a DUI if they failed a chemical test, but it is important to know that there are a number of possible defenses when failing a breath or blood test. The results of your test could have been tainted or negatively impacted if the breath machine was improperly calibrated or improperly maintained, if you burped or vomited within 30 minutes before taking a breath test, if the technician cleaned your skin with an alcohol swab before taking a blood sample, if the technician did not follow standard procedure when testing the sample, etc. Call our firm to discuss your case with a member of our skilled team to learn about your defense options.
What is the DMV hearing?
There are two separate legal processes for a DUI: the criminal trial and the DMV hearing. At the hearing, the DMV will decide whether or not your license should be suspended for the alleged offense. It is important to have the advocacy of a skilled lawyer at your hearing who can present evidence in your defense and seek to have the consequences to your driving privileges dismissed or reduced.
When is drunk driving a felony?
DUI is most often a misdemeanor offense, but you can be charged with a felony if you are arrested for your third DUI within 7 years or if the incident caused injury or death to a victim. The penalties for a felony DUI are far more severe, including incarceration in a state prison and heavy fines, so if you are charged you should not wait to retain aggressive defense for your case.
What is an IID?
An ignition interlock device is a breath testing device that is sometimes attached to the car of a convicted drunk driver as part of their sentencing. In order to start the vehicle, the driver must breath into the machine, and the car will only start if their BAC is under the legal limit. The IID may also require the driver to submit to additional breath testing at random intervals to ensure they cannot “beat” the machine.
What is a CDL DUI?
If you are arrested for drunk driving on a commercial driver’s license, you face a CDL DUI. Commercial drivers are held to higher standards than normal drivers, due to the extensive damage their trucks can cause when involved in collisions with passenger vehicles. A commercial driver will be charged with a DUI if they are found to be driving with a BAC of .04%, half of the legal limit for regular drivers. If you are convicted of a DUI, you could lose your CDL for life, along with fines and possible incarceration. It is crucial that you enlist a powerful defense attorney for your case who can represent your rights and interests.