Las Vegas DUI Lawyer

Most DUI lawyers will tell you an arrest is going to significantly impact your future. The fines will be expensive, your insurance rates will almost certainly skyrocket, and jail time is a possibility, no matter how little you may have been over the legal limit.

There are also many types of DUI that people may not realize are illegal. Law enforcement is quick to perform arrests any time someone is under the influence of any controlled substance behind the wheel, including prescription drugs and marijuana. While you may have received a prescription for painkillers or other drugs (or even marijuana) from a medical doctor, you are prohibited by law from operating a motor vehicle while under the influence of something that may impair your judgment or reaction time. DUI arrests for substances other than alcohol are increasingly common, and are just as serious.

Understand the System and Proceedings

If you’re arrested for DUI, you will go through two proceedings: a criminal case brought by the Clark County District Attorney’s Office, and a Nevada DMV Hearing. If your DUI charge is only a misdemeanor, your lawyer will be allowed to appear on your behalf, meaning you can stay home.

The first step in defending a DUI charge is to hire an experienced Las Vegas DUI defense lawyer. The lawyer’s job is to collect arrest reports, lab reports, and the history about how the breathalyzer machine (if there was one) was maintained and administered. From there, the attorney can file motions with the court on your behalf and negotiate with the Clark County District Attorney’s Office to try and get the charges reduced or dismissed. If the case goes to trial, your legal counsel will represent you at a bench trial in front of a judge. Our Las Vegas criminal defense attorneys at Oronoz and Ericsson Injury Lawyers can do all of this for you.

How To Fight a DUI

Surprisingly, many people who are charged with DUI decide not to defend themselves. While it’s true that prosecutors and law enforcement officers have a lot of experience in proving DUI charges, the high volume of this type of work means they are more likely to make mistakes. This can mean innocent people are convicted. If you don’t take responsibility for your defense by hiring the right attorney, there’s no way to make sure law enforcement does its job and proves its case.

Prosecutors typically rely on one of 4 different types of evidence in DUI cases:

• The suspect’s breathalyzer reading or blood test reading was above 0.08%
• The suspect failed the roadside sobriety test
• The suspect smelled of alcohol, or behaved as if they were intoxicated
• The suspect’s driving was erratic or unusual, indicating intoxication

An experienced lawyer can fight each one of these pieces of evidence, even breathalyzer readings or blood test results. Any of the following might lead to a dismissal:

• Officers are required to follow strict procedures when giving field sobriety tests. Many officers are not familiar with the procedures or simply fail to administer all the steps properly. Failure to follow the rules means your case could be dismissed.
• Studies have shown that officers are not always able to accurately identify when a person is intoxicated just from observing their behavior. If the officers and prosecutors can’t prove their case at trial beyond a reasonable doubt, your case could be dismissed.
• Breathalyzer machines have to be maintained regularly by law enforcement or their readings won’t be accurate. Even when properly maintained, breathalyzers might give incorrect readings based off of a suspect’s acid reflux conditions or dental work. If the state can’t prove its breathalyzer was maintained and accurate, your case could be dismissed.