When are you are arrested for and charged with a
DUI in Nevada, that doesn’t mean you are automatically convicted of
the crime. You still have an opportunity to avoid serving harsh penalties
by hiring a criminal defense attorney who can develop an effective and
personalized defense strategy to either get your charges reduced or your
case dismissed altogether.
The following are the common defenses to DUI charges:
Improper stop by police – The U.S. Constitution states that law enforcement is prohibited
from stopping or pulling over a private citizen without establishing “reasonable
suspicion.” In other words, police need to have more than just a
“gut feeling” that a particular individual is committing or
has committed a criminal offense. So if you were following all traffic
laws and driving at the posted speed limit—without doing anything
out of the ordinary, such as swerving or switching lanes without signaling—your
attorney can assert that law enforcement did not have reasonable suspicion
to stop you, making any evidence gathered thereafter inadmissible at trial.
Symptoms of intoxication do not mean intoxicated driving – Police may make note of objective symptoms of intoxication such
as reddened eyes, an unsteady gait, or slurred speech. However, an experienced
lawyer can address these observations using “innocent” explanations
that could have led to such signs of intoxication. These explanations
include allergies, eye irritation, or drowsiness.
Law enforcement failed to perform a 15-minute observation period – Before administering a
breath test, the police officer must observe you for 15 full minutes. In many cases,
they complete paperwork or set up the testing device instead, without
watching the suspect’s actions and conditions. During this time
period, the officer must observe that the suspect in question has not
smoked, regurgitated, or placed anything in his or her mouth, except for
the mouthpiece associated with the performance of the test.
The inaccuracy of
field sobriety tests
– Your attorney may challenge the results of the field sobriety test
if it has been improperly administered or inadequately graded. Field sobriety
tests are often subjective and depend heavily on the officer’s own
Improper blood testing and storage of samples – Following an arrest, law enforcement can arrange a proper blood-alcohol
analysis by a licensed phlebotomist. However, if testing doesn’t
occur in a timely manner or an untrained laboratory technician performs
the blood draw, then the results could be challenged in court. Additionally,
if the integrity of the sample is questioned due to contamination, fermentation,
or mislabeling, it could be inadmissible in the trial.
If you have been arrested for a DUI in Nevada,
request a free consultation with our Las Vegas criminal defense lawyer at the
Law Office of David R. Fischer today.