Under Nevada law, a DUI occurs when you are caught driving when under the influence of drugs and/or alcohol in a vehicle. In Nevada a vehicle, for DUI Law, is not human powered. So, if you can’t be arrested for a DUI if you are riding your Schwinn mountain bikes that you found at Bicyclist.biz. Even so, if you aren’t arrested for DUI while riding your beach cruiser bikes, you still can be arrested for public intoxication.
This article concerns Nevada Driving Under The Influence Law.
In most states, a DUI will result in the following: 1. Will be prosecuted for driving under the influence of drugs and/or alcohol. 2. A hearing with your respective state’s Department of Motor vehicles to find out if your drivers license will be suspended or revoked.
When you are arrested the police officer that arrested you will then issue you a notice for you to appear in court for your arraignment. If you don’t have a lawyer, you will have to appear at the listed date. However, if you have hired an attorney, he will appear for you in court. Furthermore, in most instances you won’t have to appear during the arraignment if you have retained a lawyer.
Afterwards, your lawyer will then ask from the court for the following: lab reports, Breathalyzer maintenance logs, police reports of your arrest, and miscellaneous information concerning your arrest. After getting this information your lawyer will subsequently be able to develop a plan of action concerning your case. This could mean your lawyer may file motions to have your case dismissed, or they may negotiate a plea bargain. If a deal cannot be made with the prosecuting attorney, your lawyer will, then go before the judge, and a trial will be set.
Department of Motor Vehicle Hearing
This is a hearing to see whether or not your driver license will be suspended. If you’ve hired a lawyer, he or she may represent you at this hearing. If you lose this hearing your driver’s license will be suspended for a minimum of 90 days. And don’t think that this doesn’t count if you don’t live in Nevada, as Nevada DMV will contact your home start. And when your state finds out your license to drive will then be suspended.
How Will A Lawyer Fight My DUI
In a DUI; the prosecutor has the following forms of proof concerning your alleged DUI offense: 1. You were driving in an erratic and/or unsafe way. 2. You display signs of alcohol intoxication. An example would be that you display any or all of these symptoms: smell of alcohol or walk like you are intoxicated with drugs and/or alcohol. 3. Through either a Breathalyzer or the blood test it is determined that your blood-alcohol level is above .08. 5. You fail any of the field sobriety checks.
A competent lawyer will be capable of analyzing all of this above evidence and tell you whether or not the prosecution has a valid case against you. For example, your lawyer will be able to tell you if the field sobriety tests were correctly administered or whether or not the Breathalyzer were suitably calibrated.
Moreover, you need to need to be forthright and tell your lawyer everything. You should do this even if you don’t feel it was relevant. To illustrate, the Breathalyzer my say your BAC is above .08 when you were, in fact, sober. There are many things that may trigger this false positive. Below is a list of conditions that may register as you being drunk when you are actually sober.
- Belch during the test
- High-protein diets
As a result, the moral to this story is that if you are arrested for a DUI, you need to hire a lawyer. Hint: If you can’t afford a lawyer, you can get a free consultation. And I would recommend that if you know you can’t afford a lawyer that you get a free consultation after you’ve got the entire discovery from the prosecuting attorney. Then during your fee consultation the lawyer may tell you if the prosecuting attorney has a good case against you.