What Are Some Defenses Available to a Drunk Driving (DUI) Charge in Las Vegas?
There are several defenses available to challenge a Nevada DUI case. They include:
Challenging the traffic stop
From the strip to North Las Vegas and beyond, law enforcement is always on the lookout for drunk drivers. If the police officer lacked reasonable suspicion or probable cause to stop your vehicle, it could be argued that the initial stop was unlawful. Any evidence obtained after an unlawful stop may be suppressed.
Questioning field sobriety tests
Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be affected by various factors unrelated to intoxication. Your Sparactus DUI attorneys can challenge the accuracy or reliability of these tests.
Disputing the accuracy of chemical tests
Breathalyzers or blood tests are commonly used to measure BAC. These tests may produce inaccurate results due to improper calibration, maintenance, or administration. Your DUI defense attorney can investigate potential issues with the testing equipment or procedures.
Medical conditions or external factors
Certain medical conditions or external factors can lead to false high BAC readings. Conditions such as acid reflux, GERD, or certain diets can affect breathalyzer results. Be sure to tell your DUI defense attorney of any medical conditions you have during your initial consultation so they can explore whether any such factors played a role in your case.
Police misconduct or procedural errors
If there is evidence of police misconduct, such as an unlawful search or violation of your rights, an attorney can challenge the legality of the arrest or the collection of evidence. It is not uncommon in DUI cases to not be properly informed of your Miranda rights, meaning any statements made afterward could be inadmissible in court.
How to Avoid a Driver’s License Suspension
License revocation is not guaranteed. Every DUI arrest results in both a criminal case and a DMV case being initiated. Winning both cases is essential to retain your driving privileges. However, it is generally more challenging to prevail in the DMV case due to the lower burden of proof required by the DMV. Fortunately, first-time, misdemeanor DUI offenders who are unsuccessful in the DMV hearing can often secure a restricted license promptly.
In the state of Nevada, a restricted license may be granted to individuals who have been convicted of a DUI offense but have the best DUI lawyer fighting on their behalf. A restricted license allows individuals to drive under certain conditions and for specific purposes, despite their DUI conviction and the accompanying license suspension or revocation.
In order to be eligible for a restricted license in Nevada after a DUI conviction, several requirements typically need to be met:
Serve the mandatory license suspension period
After a DUI conviction in Nevada, there is a mandatory license suspension period that must be served. The length of the suspension depends on various factors, including prior DUI convictions and the specific circumstances of the offense.
Complete DUI education programs
Drivers are generally required to complete a DUI education program. These programs are designed to provide education on the risks and consequences of impaired driving and may involve alcohol or drug counseling.
Install an ignition interlock device (IID)
In many cases, individuals seeking a restricted license must install an IID in their vehicle. An IID is a breathalyzer device that prevents the vehicle from starting if the driver’s breath alcohol concentration is above a predetermined limit. The IID records the breath test results, providing a measure of accountability.
Provide proof of insurance
Individuals applying for a restricted license must demonstrate that they have valid and sufficient auto insurance coverage. Car insurance premiums generally tend to increase significantly after a DUI. Insurance companies consider DUI convictions as a significant risk factor, indicating that the individual is more likely to be involved in accidents, reckless driving, or commit further violations.
With a DUI conviction on your criminal record, insurance companies may view you as a high-risk driver and adjust your premiums accordingly. The specific increase in insurance rates can vary depending on several factors, including the insurance company’s policies, your driving history, the severity of the DUI offense, and any previous convictions or accidents on your record.
Pay the required fees
There are usually fees associated with obtaining a restricted license, including installation and monitoring fees for the IID. For example, the fee required to reinstate your driving privileges after the mandatory license suspension period is $121. There is typically a fee associated with obtaining a restricted license itself. As of September 2021, the fee for a restricted license in Nevada is $42.