Our DUI Attorneys Are Committed to Protecting Your Rights
Getting a DUI in Nevada is a serious criminal charge, but it doesn’t mean that you are without legal options. If you have been charged with a DUI, you may have questions. Will you face jail time? How much does a DUI cost? Will you be able to keep your drivers license?
Our Nevada DUI lawyers understand that DUI can negatively impact your reputation and life. Nevertheless, we routinely deal with this charge, and in some cases we may be able to reduce your charges, block evidence, or negotiate a reduced charge or a lighter sentence.
What to Expect After a Drunk Driving Arrest in Nevada
The experience of being arrested for DUI can be overwhelming. Defendants often don’t know what to expect when the legal process begins. Knowing what happens at each stage can help you feel more prepared.
DUI Legal Process in Nevada
Arrest
In most cases, DUI arrests result from either being pulled over or being involved in an accident. During the arrest phase, two important things occur: first, you may have been given a chemical test using a breathalyzer or required to perform a Field Sobriety Test. Second, you were likely taken to the police station, processed, had a blood sample taken and were required to stay in jail overnight. Upon being released after spending a night in jail, you were likely given a “court date.”
Consult with a Lawyer
The sooner you can hire a DUI lawyer, the better. While a public defender can be assigned to you for free if your income qualifies you, these lawyers often have large caseloads and will not have much time to devote to your case. Often, they will tell you to accept whatever offer the prosecution provides without examining the evidence or negotiating for you. A major benefit of hiring your own DUI defense lawyer is that he or she will have the time to investigate your case.
Administrative Suspension
It is important to know that after your arrest, you will be subject to the administrative requirements of the Department of Motor Vehicles (the DMV). The DMV has regulations, separate from your court case, requiring the use of a Breath Ignition Interlock Device (BIID) for DUI cases.
Arraignment
The arraignment is your first court appearance. The good news is that if you hire a lawyer to represent you, your lawyer can appear in court for you, enter a not guilty plea and you will NOT need to go to court for the arraignment. If you do not hire a lawyer you must go to court. If you do not hire a lawyer and do not appear in court on your arraignment date, the judge will issue a bench warrant for your arrest. If you then encounter a police officer, you will likely be taken into custody and placed in jail until your case can be heard by the court.
Most DUI lawyers in Nevada will advise you to plead not guilty at this point even if the prosecution offers you a deal in exchange for a guilty plea since both sides have not yet seen the evidence. Unlike a trial, the arraignment is a short meeting in court. At or shortly after the arraignment, your lawyer will obtain the police reports called “discovery.”
Pre-Trial
Many DUI cases will be settled in this phase without ever going to trial. All of the evidence obtained by the prosecution must be shared with your lawyer during the pre-trial phase of the proceedings. This evidence will be carefully examined by our DUI lawyers in order to determine if your rights were protected at all times, how the evidence was collected, and any other factors that may be helpful to your case. This research can give you a powerful advantage when it comes to bargaining a better deal for you.
Trial
Court trials can be worthwhile, but they can also be risky since the outcome depends on the subjectivity of the judge. Your lawyer must convince the judge that there was uncertainty in the situation and that you deserve to be acquitted. Also, trials are very time consuming and expensive
In the event you are convicted, you will proceed to sentencing, where a judge will impose a sentence. Your lawyer will be present to try to get you the lightest sentence possible.
Complicating Factors in DUI Cases
Nevada’s DUI laws are extremely complex. The penalties may vary for a number of reasons. Examples include:
- Your penalties will be harsher if the amount of alcohol in your system was high (0.180% or higher).
- The refusal to submit to a blood or breath test is a crime and carries its own penalties.
- If you seriously injured or killed anyone while driving intoxicated, you could face felony charges that can carry years in state prison.
- Drivers who commit a third DUI offense within seven years may face felony charges, even if no one was injured.
How Can Our DUI Lawyers Help with Your Case?
Our lawyers successfully defend DUI cases in Henderson, Las Vegas and in other cities every day. Even if there is strong evidence against you, there are often ways to reduce the charges or the penalties. Having the right DUI attorney by your side can make all the difference.
Based on the circumstances, your case can have several favorable outcomes:
Dropped Charges or Case Dismissal
In this situation, it’s as if you had never been arrested. You will not face a court battle and your record will not be affected. Many reasons can contribute to a case being dismissed such as there being a lack of evidence against you, or the prosecutor not having enough time to handle your case.
Reduced Charges
A lawyer can sometimes negotiate a deal on your behalf. In an ideal scenario, the charges would be changed to reckless driving, which carries much lighter penalties. You will have to plead guilty or no contest, but you will benefit from it nonetheless.
Our DUI Lawyers’ Approach
Our Nevada DUI lawyers will employ a strategy tailored to the unique facts of your case. However, we perform certain aspects of our defense strategy in all DUI cases, such as reviewing each of the following:
- The probable cause for your traffic stop and arrest
- Audio and video recordings from police body cameras and vehicle dash cams
- Whether the arresting officer followed proper procedures for collecting the chemical evidence
We believe our clients should have access to all the evidence against them and that their involvement is essential to reaching a successful outcome. In order to ensure that our clients have access to all police and investigation information, we provide them with copies of the reports for their review.
DRS DUI Lawyers Can Help
DUI charges are among the most common crimes in Henderson and its nearby neighbor, Las Vegas. Many people don’t realize the dangers of driving under the influence of alcohol. On top of jail time, fines, court costs, driving school, and other conditions of probation, these cases may also negatively affect your driving record, employment eligibility, and future insurance rates.
Get in touch with our DUI defense attorneys to get the best team of lawyers, investigators, and paralegals helping you get back on the road. Contact our team today at (702) 388-1216.