Caught Drinking and Driving in Nevada: What are your Rights?
2 weeks ago Byram Charity Comments Off on Caught Drinking and Driving in Nevada: What are your Rights?
Whether or not think you have been wrongly charged with a DUI in Nevada, it’s imperative that you understand your rights and what you should expect. The standard BAC (blood alcohol content) for a guilty verdict is 0.08% or more.
However, it’s possible for you to be arrested and convicted of driving under the influence even with less level of BAC particularly if you are believed to be under the influence of a controlled substance. Remember, it’s important to retain the services of an experienced Las Vegas DUI lawyer to enhance your chances of presenting a strong defense and to keep your freedom.
For commercial license, the standard BAC is 0.04%. Note that a law enforcement officer can arrest and charge you with DUI even if you were not driving. If, for instance, you were in ‘actual control’ of the car while under the influence. Note that doesn’t include a drunk person sleeping anywhere inside the car other than the driver’s seat when the vehicle engine is off, and the vehicle is lawfully parked. Besides, if there is no evidence indicating that you have driven the car while drunk, there may be no ground for the officer to arrest you.
DUI charges can be dismissed
Nevada State recognizes two situations in which a DUI charge can be dismissed – out of necessity or a medical episode. If you can prove that you have a medical condition that could have caused a medical episode while driving, your charges may be dropped. In the case of necessity, if you prove that you were fleeing an assault or trying to find emergency medical attention for a passenger, your DUI charges might be dismissed.
Your charges may also be dismissed (though it’s rare), if the arrest was made in an illegal checkpoint, if there are witnesses who can attest your sobriety or if there was a problem with the evidence. Besides, environmental factors such as large crowds, unfavorable footwear, a prior injury, and wet roads could have negatively affected your sobriety test results. That could also be a ground to dismiss your DUI charges.
The first or second conviction for DUI is considered a misdemeanor in Nevada. However, the severity of the consequences is extreme. A DUI conviction, whether first or second, could mean jail time, being forced to join alcohol and drug abuse courses, and probably hefty fines. In addition to the expenses associated with hiring an attorney to represent you, your future educational and employment opportunities could be permanently damaged.
So, if you have been thinking of handling your DUI charges without a lawyer, you may want to change your mind. A trained DUI attorney can advocate for you in your case. This could make all the difference in the outcome of your case. Remember, it is possible to create a strong case if there are no aggravating elements such as severe car crash. This could save your money, time, and probably the prosperity of your future endeavors.