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Working With Las Vegas DUI Criminal Defense Attorneys
DUI Criminal Defense Attorneys in Las Vegas understand well that a citation for impaired driving is a serious legal matter. The punishment guidelines for a conviction are harsh, and a DUI conviction can create problems for the defendant for many years to come. Subsequent DUI convictions can be enhanced in the penalty phase as well, as the state uses a seven-year prior driving record period when determining the level of a DUI charge. Reckless driving citations can still be issued for adult non-commercial drivers who register above 0.049% BAC. DUI charges typically stem from BAC readings above 0.079%. However, a reckless conviction is a much less restrictive charge and typically carries fewer penalties. And it is possible to have a DUI citation reduced to a reckless under the right circumstances with experienced DUI criminal defense attorneys representing the case.
What Las Vegas DUI Criminal Defense Attorneys Can Do
All criminal cases must meet the reasonable doubt burden of proof, and there are multiple methods legal counselors can use to establish a strong case for dismissal or reducing a DUI charge to reckless driving. Some cases can even warrant a reduction to the even lesser conviction of careless driving if the extenuating circumstances support the decision by the prosecutor to accept a plea. Prosecutors in Nevada are limited in authority to reduce citations for driving under the influence without a definitive cause, and this almost never happens without aggressive legal representation even in borderline BAC level cases. Types of information that DUI criminal defense attorneys can use in building a case include:
- The legality of a traffic stop
- Proper administration of field sobriety testing
- Calibration record of official machines for blood alcohol testing
- Questioning witnesses
- Police officer availability to testify in a trial
- Evaluation of surveillance or arrest video
- Contesting blood alcohol concentration level
Cases Other Than Drunk Driving
Drunk driving is not the only way to receive a conviction for driving under the influence in Nevada. Drivers under the influence of chemicals and other substances that alter mental ability can also result in a conviction. Among the non-alcohol substances that can justify a DUI charge are:
- Prescription drugs
- Illegal drugs
- Medical marijuana
Complicated DUI Cases
DUI cases that are not drunk driving legal matters can be very complicated and often based on officer decisions at the time of investigation and arrest. Proper search and seizure protocol must be observed by all investigating officers, including the reading of Miranda rights to all suspects being apprehended. Having a legal prescription to possess a particular drug does not mean the patient can drive while taking the medications, including medical marijuana. While marijuana possession up to a certain amount is legal in Nevada, driving under the influence of the drug is not. And, the only testing method available is a blood test that does not produce an effective level of the drug in the body at the time of testing. The blood test merely measures total concentration in the bloodstream with no reading regarding latency like a blood alcohol concentration test produces. This gives DUI criminal defense attorneys room to build an argument in favor of a charge reduction.
Never assume your drunk driving charge in Las Vegas cannot be contested. Always contact or call Hendron Law Group DUI criminal defense attorneys at 702-710-5555 for comprehensive representation.