Fast Facts about First DUI Offense in Las Vegas

Being arrested for a DUI offense for the first time guarantees a whirlwind of emotions that leaves the arrested confused and unsure of what to do next, especially if the particular person has no experience in criminal apprehension or law in general.

To prepare yourself in case you encounter it in the future, here are some quick information about Las Vegas DUI first offense. This will ensure that you will keep your feet on the ground during the arrest and you will not do anything that will be a detrimental to your case up to the moment you finally have a DUI lawyer by your side.

What is DUI?

DUI stands for Driving Under the Influence. This is one of the worst offenses in Nevada as it causes loss of lives and resources and a reminder that drugs are prevalent in the State as ever.

A person is guilty of DUI when they fulfill the following measures:

·       He or she has a BAC (blood alcohol concentration) level of at least or more than 0.08 

·       His or her drug tests showed that he or she violated the limit set by the Drug Schedules

·       He or she refused sobriety tests or tried escaping from law enforcement

What happens after the arrest for Las Vegas DUI first offense?

Here is a rundown of what usually happens before, during, and after an arrest for first DUI offense in Nevada.

·       Police notices the driver’s erratic driving behavior or discovers alcohol or drugs in the vehicle itself

·       Police will ask driver to pull over and to perform several sobriety tests

·       Driver’s results will come out positive and you are taken under custody for booking and detention

·       A DUI lawyer comes to the driver’s aid for potential interrogation and the rest of the legal procedure

·       Arraignment commences where the driver’s charges are officially advised and where it is decided if the case will go to trial or not

A first DUI offense in Nevada is a misdemeanor and consists of penalties such as:

·       Jail sentence up to six months

·       Fines of $1,000

·       Attendance to a Nevada DUI school and other Department-approved DUI programs

·       Driver’s license suspension for 90 days

What can you do?

For a Las Vegas DUI first offense, it is recommended to have a DUI lawyer immediately. Know that you hold the right to have them as decreed by the Fifth Amendment’s right to counsel.

During the entire legal process, you need to calm down, especially if you are completely guiltless of the accusations and you have one of the best criminal justice attorneys with you, you can come up with defenses to help push your claim of innocence.

If defenses do not work, you can still have means of escape such as a plea bargain and to some level, a record sealing.

A Las Vegas DUI first offense can definitely be contested. You only need to know the facts to better formulate your defenses with a DUI lawyer.

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.