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.
