How to Fight a DUI in Nevada
DUI defense is one of the most common areas of legal practice in Nevada today. With the onslaught of tougher DUI laws, many drivers are finding themselves the unfortunate recipients of DUI citations, hefty fines and potential jail time. Ways of defending against a DUI charge include challenging the field sobriety test, questioning the integrity of lab samples and undermining discrepancies in police conduct. Many borderline DUI cases are either dismissed or plea bargained to a lesser charge of reckless driving.
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Instructions
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Review the facts of your field sobriety test and determine if any aspect is attributable to other factors. Law enforcement has become so routine with field sobriety tests that sometimes certain factors lead police to think you are drunk when, in fact, there is another explanation. Police often point to bloodshot, "tired-looking" eyes as evidence that a driver is under the influence. This can be attributed to allergies, actual fatigue or exposure to cigarette smoke. Slurred speech is a subjective observation that does not necessarily mean a person is intoxicated. Police also often point to nervousness and fidgeting while retrieving license and registration as evidence a person is intoxicated. However, most people are nervous at the idea of being pulled over, regardless of whether they are intoxicated or not.
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Ensure any blood samples have not been compromised from the time of your arrest until your court date. Evidence must be kept safe, secure and within the authority of law enforcement at all times. This is known as "chain of command." At DUI trials, it is quite common for attorneys to cross examine law enforcement with questions as to whether the chain of command has been broken, as this implies the samples have been compromised. If your blood alcohol content was measured on the night of your arrest, those samples must be kept by the lab or in police evidence storage. Any deviation from protocol could result in your blood alcohol content evidence being dismissed.
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Never discuss your impending DUI trial or charge with law enforcement or prosecutors without the help of a DUI attorney. The police may attempt to tell you that they are here to help you and would love nothing more than to see your charges dropped or reduced simply by talking to them. They might be attempting to elicit more information from you to be used in your upcoming trial. If you do not have a DUI lawyer, simply inform the police that you cannot speak to them and leave. If the police indicate that you are under arrest and are not free to leave, you have a constitutional right to counsel and you should request a lawyer immediately.
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Do not be so quick to plea bargain with the prosecution. Remember, a plea bargain is still a guilty plea and whatever lesser charge you plead guilty to will remain on your permanent record for the rest of your life. This can result in difficulty obtaining employment, insurance, admittance to a university or even strip you of your right to vote. Always give careful thought before agreeing to a plea bargain.
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Raise any Constitutional claims you may have with respect to your arrest, pullover or interrogation. The 4th, 5th and 6th amendments to the U.S. Constitution protect the accused from certain actions or in-actions by the police. For example, if you were placed under arrest for your DUI, the police are required to provide you with Miranda warnings. Miranda warnings inform you of your right to remain silent and your right to counsel. If at any point you invoked your right to counsel, the police are required to cease any further interrogations and must begin arrangements for a court-appointed counsel. Also, police must have reasonable suspicion of a crime in order to stop your vehicle. This does not necessarily mean reasonable suspicion of DUI, but you must violate some ordinance or traffic law in order for the police to stop you. This could include (but is not limited to) speeding, non-use of a turn signal, burnt out headlight or tail light, swerving or tailgating.
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