Thursday, June 6, 2019

5 Possible Legal Defenses Against First DUI Offense


Everyone has the right to defend himself in the Nevada court of law in even when the case seems inescapable. For example, a DUI (Driving under the Influence) where your blood alcohol concentration level clearly shows that you are well above the BAC (blood alcohol concentration) limit. Now, how do you get out of a DUI?

Are you currently facing a Las Vegas first DUI offense? Read to find out the possible legal defenses your DUI lawyer and counsel can use to save you from conviction.


#1 Defective Blood Testing Equipment

When a police officer suspects that you are under the influence of drugs or alcohol while driving, you will be pulled over or confronted and carried over to the headquarters to have evidentiary blood testing. And since taking and examining blood requires complex equipment like a blood chemistry analyzer, there is a chance that the test can render false results.

#2 Unfit Test Handlers

It’s possible: people professionally handling and testing your blood or urine test may actually be incompetent for the job. You can cite mishandling of specimen or supposed specialists not having enough credentials as specific counter-arguments. When using this defense for your Las Vegas DUI first offense, it is imperative that you do thorough research of the company or the group that conducted your test.

#3 Lack of Probable Cause

Arrests should be done through probable cause or factors that show possibility of you committing a crime. For DUI, a police officer uses an erratic way of driving or your intoxicated appearance and behavior among others as reasons to seize you. If they do not exist, you can use this as defense. Police officer not actually on the scene and you being arrested when you just went out of a bar are some other angles of lack of probably cause that you can also consider. This should be one of the strongest solutions on how to get a DUI dismissed.

#4 Inadequate or Improper Sobriety Test

Also before an arrest, a police officer should perform several sobriety tests to prove that you are actually drunk or high. If you discover how disorderly or unlawful the sobriety tests are now that you know the law, you can use it as the key on how to get out of a DUI. A sample scenario: a police officer made you perform a one-leg stand sobriety test but in an unstable position and called it off before you even get started.

#5 Physical Condition of the Defendant

As we have established, breath, blood, and urine tests will not always be accurate and not only because of faulty equipment or inept test handlers, sometimes it is the physical state of the person that can badly influence them. The age, the gender, the food intake, and other elements can increase the BAC level of a person. This is perfectly acceptable for Las Vegas first DUI offenses and should be considered greatly if there are obvious physical evidences found on you.

A first DUI offense in Las Vegas should be a wakeup call to anyone who is recklessly driving in Nevada. To not make things worse for you, have a Las Vegas DUI lawyer by your side who can answer the question of how to get a DUI dismissed.