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DUI & Alcohol Crime Lawyers
Whether charged as a misdemeanor or a felony, DUI law is one of the most technically complex fields that exist in criminal law. From the second police are called all the way to a test of your blood or breath, there are numerous procedures, rules and requirements that need to be followed.
When those technical rules aren’t followed, you may be able to get a reduction or dismissal of the charge. Sometimes, a trained legal eye can spot enough issues that a DUI charge can be reduced to a traffic ticket, or a felony DUI reduced to a misdemeanor.
Felony DUI charges are also one of the few that carry mandatory prison terms in Nevada, meaning that you cannot be released on probation. When the stakes are this high, getting the right attorney can truly make the difference between prison and freedom.
Nevada Defense Group has extensive experience with all aspects of DUI and alcohol-related crimes, and unlike other law firms, we strive to stay on top of the most recent legal and technological developments in DUI law. Whether at the misdemeanor or felony level, having the upper hand in this technical know-how can make all the difference in a case.
If you or someone you know has been charged with DUI or any type of alcohol related crime, contact Nevada Defense Group today for a free consultation to discuss your rights.
As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.
With a DUI, it is particularly important that you speak with an experienced attorney because the hiring of an attorney shows dedication to completing your requirements and putting the DUI behind you. Prosecutors are usually more willing to offer or accept plea bargains for people who have hired representation, and the judges are generally more likely to be lenient when you show that you understand the seriousness of the charges by hiring an attorney.
Most Common DUI Questions In Las Vegas and Southern Nevada
It is important to understand that the penalties for a DUI are heavily dependent on the circumstances of your arrest. The level of your intoxication, how many DUIs you had in the previous 7-year period, and whether you were pulled over or involved in a crash can all affect the penalties that are imposed.
Not exactly, after 7 years, a conviction, “no contest,” or “guilty” plea do not count towards whether you will be charged with a “First Offense,” “Second Offense,” or “Third Offense.” However, those old convictions will likely still be taken into account when determining your sentencing (or possible plea deals either, for that matter), meaning that you will likely be sentenced to the upper limits of the potential penalties. You need a well versed DUI lawyer to help you minimize the impact a DUI can have, regardless of how many you have had in the past.
The BAC limits are per se laws, meaning that if you are shown to have a BAC of exactly 0.08, you have violated the law. If your BAC shows as 0.079, you are under the limit. However, it is extremely important to note that you can still be arrested if your BAC is under the legal limit. In fact, you can be arrested with any amount of alcohol in your system, so long as the alcohol is detectable to the arresting officer.
Technically, yes. However, Nevada maintains what is known as “implied consent,” which means that you are required to submit to BAC testing when requested by a police officer. However, you can request that the testing be done by drawing blood, and skip the breathalyzer. Unfortunately, if you choose to refuse the preliminary breath test (often referred to as a PBT), the officer may – and usually will – suspend your license and arrest you for a DUI.
Once you have been taken back to the police station, you will be asked to submit to either an Evidentiary Breath Test or a Blood Test. Evidentiary Breath Tests are supposedly more sophisticated than the PBT, and therefore expected to be more accurate. Consequently, the results of an Evidentiary Breath Test are admissible in court to show that your BAC was above the legal limit. You should not refuse to submit to the blood test (also referred to as a “chemical test”). While you are legally allowed to refuse the test, law enforcement is legally permitted to obtain a blood sample to conduct the testing. In other words, the officer may direct that reasonable force be used to the extent necessary to obtain the blood sample. Moreover, should you refuse to submit to the testing, your license will also be suspended for 1 year.
As noted above, the BAC limits are basically nothing more than guidelines, given that you can be arrested with any amount of detectable amount of alcohol in your system, we strongly recommend that if you have had anything to drink (or have consumed any illegal narcotic, prescription medication, or over-the-counter medication that can affect your ability to drive) you refrain from driving altogether.
Nevada Defense Group
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Hiring an attorney for your legal dispute can feel like taking a leap of faith - and in many ways, it is. When you work with one of our lawyers at the Nevada Defense Group, we want you to feel confident in your decision to pursue a partnership with our firm - it's just one of many reasons we offer a free first consultation to individuals interested in working with our attorneys.
To see what our clients have to say about working with us, read the testimonials below!
Incredibly happy with what they have been able to accomplish for me so far. Damian Sheets is extremely knowledgeable and aggressive when needed in the court room. Especially when it comes to shutting down false allegations and claims made against you. They were able to reassure me and give me a sense of ease knowing my case was in such good hands. Especially considering how incredibly busy his schedule was, but still made me feel like a priority. His paralegal Stace, is extremely nice and helpful as well. Definitely a firm I would recommend.
Extremely satisfied with the service my son and I received from this law firm as well as their paralegals. Matthew in particular was extremely helpful and was so accommodating of my requests and even went above and beyond - offering to check his email up to 10 pm(!!!) to allow my son to turn in some documents needed for their attorneys to present on my son’s behalf in court that following morning! He also always promptly responded to my emails and I sent quite a few. Damian was also very supportive and helpful from the very beginning - he even called me on a Saturday when I sent him an email add asking to be called. This law firm really cares about their clients!!! I would highly recommend them to anyone needing legal assistance.
Office: 1389 Galleria Dr Ste 200, Henderson NV 89014
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