If you've been arrested for a DUI (Driving Under the Influence) in the state of Nevada, don't despair. There are a number of defenses that you can raise to have your charges either dismissed or significantly mitigated.
One of the first ways that you can challenge a DUI arrest or charge is to challenge the stop itself. The police have to have probable cause in order to stop your vehicle and engage in an arrest or detainment. It cannot be a pretextual stop.
In other words, they can't just pull you over because it's Saturday night and it's 2 a.m. and you're out on the road. The police have to cite their probable cause to stop your vehicle. That means that you were speeding, that you were weaving in-and-out of traffic, that maybe your tail light was out - but there has to be a reason.
After you've been pulled over for a traffic violation, the officer will approach. If they believe that you have been drinking or are intoxicated for some reason, the officer may ask you to do a series of tests. These are called field sobriety tests. You have the right to refuse the field sobriety tests.
If you choose to do the field sobriety tests, you have to make sure you follow the officer's instructions explicitly because everything that you do is going to be used and examined as to whether or not you were impaired at the time you were operating a vehicle.
You can learn more about the Nevada Revised Statutes for DUI here.
One of the things that has to be proven in a DUI case is that you were intoxicated at the time you were driving. You may have a drink and get into the car and drive - at that point in time your body may have not metabolized the alcohol. So - you would not be impaired. You may have two drinks and still NOT be impaired. Hours later, you may be impaired but that's not what the test is for. The test is whether you were impaired at the time you were driving.
If it's taken after, then it's not reflective of what your impairment is or what your alcohol level was at the time of the arrest - that means your arrest may be dismissed.
If you've been arrested for a D.U.I., it's important to retain legal counsel immediately. The Spartacus Law Firm is available 24/7 to assist you with your DUI charges. Contact us today for a free in-person or virtual consultation.