Driving Under The Influence
It would be considered a DUI if the person was driving, meaning they were in actual physical control of a vehicle when their blood alcohol was 0.08 or more, or if they had any prohibited controlled substances in their blood. If this happens, they will require a DUI attorney in Las Vegas Nevada who can effectively fight their case.
They could also be convicted of a DUI if they were driving under the influence of alcohol to any degree, however slight, if it rendered them incapable of driving safely. This means people could be convicted of a DUI even if their blood alcohol level was lower than a 0.08. This might sound unfair, but that is the law and it is up to the police and the people in power to decide if you were inebriated enough to handle driving a vehicle. While it is an unfortunate situation, one thing that can make it infinitely better is if you have access to an experienced DUI attorney in Las Vegas Nevada to defend your case.
We can give you important details that a regular citizen might not be aware of, that might end up helping them immensely in the future. This can include different kinds of information, for example, in case of a DUI, the blood alcohol test results would be inadmissible if the test was taken two hours after the person had been driving, although it appears that the state gets two bites of the apple. In addition to the criminal case, there is a DMV hearing. The administrative law judge (ALJ) decides whether there is “Clear and Convincing evidence” that you were driving under the influence of alcohol or drugs. This is a lesser standard of proof beyond a reasonable doubt that is used in a criminal case. The DMV does not care about the 2-hour rule. So you could resolve your DUI case as a non-DUI disposition and STILL lose your license for 90 days based on the ruling of the ALJ.
By visiting your DUI attorney in Las Vegas Nevada beforehand, you would not only be aware of these developments, you would also be prepared to make a case for your innocence in the best possible way. If your defense is good, there is a good possibility you might just end up walking away scot free.
Prescription Drug DUI In Nevada
Another thing people do not realize is that they could be under the influence of a prescription drug even if they had a valid prescription. Many legally prescribed drugs can affect a person’s perception. They can also react to different people in different ways, and there is no real way of knowing how they might affect you or your ability to operate a vehicle. However, if there are no other drugs or alcohol in your system, and the prescription drug is in the therapeutic range, we are usually able to resolve your case so it is not a DUI.
Unfortunately, sometimes the person might have consumed much more than prescribed. For example, around 200mg of Hydrocodone, which is five times the limit prescribed per day so this would not rebut the presumption that the person was under the influence. Sometimes the prosecutors would be more flexible even if the person was over the prescribed limit of medication, than if they were under the influence of marijuana, cocaine, heroin or something like that. This is because people still realize the purpose behind medication and that at times it is necessary. Hard drugs however, are much more difficult to explain to a judge or jury, and if you are caught under their influence, then you will need the services of a quality DUI lawyer in Las Vegas like us.
DUI Involving Death
DUI involving death or substantial bodily harm (SBH) is a felony. The penalty is 2 to 20 years in the Nevada State Prison. The sentence is non-probationable. If you are convicted of DUI with death or SBH, you will go to prison. If you were in an auto accident and killed someone, or injured someone really badly so they had to go to the hospital or there was a broken bone and you have alcohol in your system, you will be charged with DUI with death or SBH.
With so much at stake, be sure that you have an experienced DUI attorney in Las Vegas Nevada attorney who can help to protect your interests and preserve your rights. DUI cases can be complicated and longwinded, requiring a sane head to filter through all the information, and looking for any details that might help their client in the long run. At Mace Law, I offer my clients more than 30 years of experience, and time spent fighting for the rights of my clients. I know the law, and I know what it takes to build a powerful defense on your behalf. Click to read DUI FAQs, and I am willing to do whatever it takes to ensure that you get the best possible result in the end. We make sure of that because without our clients, what are we anyways? Click to read DUI FAQs.
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