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Yampolsky & Margolis Criminal Defense Las Vega

There are two ways that a person can be convicted of Driving Under the Influence (DUI). The first is to have a blood alcohol concentration (BAC) of 0.08% or greater, and/or the presence of an amount of a prohibited or controlled substance in the body that is in excess of the legal limit. A breathalyzer test, specifically, must show an illegal BAC reading within two hours of having been in physical control of a vehicle.

The second way to be charged with DUI in Nevada is under what is called an Impairment Theory. Nevada’s DUI statute provides that someone can be convicted of DUI if they are shown to be impaired by alcohol or a controlled substance such that they are unable to drive safely. This can be used regardless of what the amount of controlled substance may be in that person’s blood. Usually, this theory is used by the prosecution when the blood test result is outside of the two-hour window.

What Are The Top Misconceptions People Have About Being Arrested And Charged With A DUI?

A substantial misconception that people have when they receive a DUI charge is that they have already been convicted of the crime. Because of this, they will admit that they drank alcohol before they drove, under the assumption that they are already guilty.

In reality, the statute is much more nuanced than that. For example, an individual could have consumed a single beer, begun to drive home, and then be pulled over for speeding and cited for DUI, though they may not be ultimately guilty of DUI. It is possible that they were pulled over in circumstances that are not indicative of impairment, because their impairment may not have been in excess of the legal limit. If their BAC was not in excess of the legal limit and was not paired with reckless driving indicative of impairment, it is likely that they will not be found guilty.

Another misconception fundamental to the DUI process is that when individuals are pulled over for driving under the influence, they assume that it is in their own best interest to be honest and forthcoming with the police. Often, people who are pulled over for a DUI falsely incriminate themselves by saying too much and making admissions of guilt. In many cases, this information proves harmful because there is no way that an officer would be able to verify it otherwise. No matter the situation, it is never a wise choice to supply law enforcement with incriminating information.

What Are Common Mistakes People Make When They Are Arrested For A DUI?

The single biggest mistake people make when they are arrested for a DUI is talking too much. It is a fundamental right to remain silent in any investigation. However, there are many cases where people do not properly exercise that right. People may think that the more they say, the more they will establish credibility in the eyes of law enforcement and even prove their sobriety. The unfortunate truth, however, is that the more you say, the more evidence can be used against you in your case.

Another mistake people make when they are arrested for a DUI is volunteering to do field sobriety tests. You are under no obligation to voluntarily submit to the field sobriety tests. Volunteering for testing is nearly equivalent to making a statement against oneself. It is worth knowing that once performed, field sobriety tests cannot be erased from evidence against your case. Given the inaccuracy of these tests and the weight they have against your case, there is almost never a situation in which you should agree to take them.

(Disclaimer: It should be noted that Nevada laws have recently been updated to contain an Implied Consent statute, common to many other states in the U.S. Implied consent in DUI cases generally refers to laws that require drivers to submit to breathalyzer testing. Refusal to submit to this form of sobriety testing will result in an arrest and the revocation of your license for up to one year if there is supporting evidence to do so.)

For more information on DUI Charges In The State Of Nevada, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 843-0939 today.

Yampolsky & Margolis Criminal Defense Las Vegas

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(702) 385-9777

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