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Legal Tactics for How to Evade Conviction & Defeat a Recent DUI Charge in Nevada

  • By: Mace J.
  • Published: May 12, 2022
DUI Charge

Many people assume that just because they have been charged with DWI/DUI in Nevada, they have no option but pleading guilty to the charge under the new statewide DUI laws enacted in April 2022. 

This is especially true if you failed DUI chemical and/or field sobriety tests such as the breath and/or blood screening, the one-leg stand, HGN, walk and turn, and various other forms of field sobriety tests. However, assuming that you have no chance to win a case under the new laws is a huge misconception. You can and should access expert DUI legal help to develop a winning defense strategy in Nevada–you may even be able to fight effectively and reduce (or even dismiss) your DUI charges in court. 

There are several possible defenses that can be used to beat a DUI arrest charge in Nevada. A person who’s been arrested for a drugged or drunk driving offense in Nevada can seek expert analysis of their criminal complaint, arrest reports, and related discovery. You can review with us ways to use flaws in the State’s case to get out of the charges. This should ideally be done at your earliest opportunity in the case, so call us now! 

With the help of the best DUI attorneys in Nevada, you can receive expert guidance and legal advice that will result in a better outcome–the outcome is the reason to hire a lawyer after all. In case you’re facing financial troubles and you can’t afford a DUI attorney, we will work with you if you are working and are willing to work with us. 

So how can you challenge and clear these DUI allegations?

Defeating a DUI usually starts with challenging any form of evidence that is included with the arrest details, which is what the prosecution and the police will be using against you. Having an experienced DUI lawyer will be essential in fighting and beating the charges. However, not all lawyers will be the same or provide you with equally effective strategies and results. This is where our team steps in; before you spend your hard-earned money on a lawyer that you may be unsure about working with.

Of course, there is no alternative to staying on top of all details regarding your case and figuring out what your defense strategies are. It’s essential that you are well aware of what the lawyer you eventually decide to work with will actually do for you. Too many people make the mistake of quickly hiring and paying a DUI attorney, only to later realize that only little effort was applied in their case.

While there is really never any guarantee of dismissal for any criminal offense filed in Nevada, the more you know what to look for in an attorney before getting one, the better your chances will be for winning your case and avoiding being taken advantage of by unreliable attorneys. A good result is any non-DUI disposition and the protocol at Yampolsky & Margolis is to underpromise and overdeliver–beware of attorneys that make a habit of doing the opposite and embellishing their superpowers to separate you from your money. We are fond of telling clients, if there is a way to get  a non-DUI disposition, at Yampolsky & Margolis, we will find it. We have been doing so with stellar results for decades. 

Evaluating the specifics of a DUI/DWI arrest

Your DUI defense ideally begins with the available evidence that is collected by the police, highway patrol, or other law enforcement agency that conducts the investigation. The process of arrest might be too flawed, or the police might have not followed their own specific procedures and protocols. Only an experienced and skilled defense team can pick out all of the mistakes that are made from the moment you were pulled over to the time when you were subsequently released from detention.

To get all these details looked at correctly, consider filling out the free DUI case review form on this page or call us today at 702-385-9777. It’s important to know in advance if some case-winning defense strategies can be applied to help dismiss your offense quickly. Otherwise, you need to find out as soon as possible the best way you can get your charges reduced, the potential penalties lessened, etc. Call us now to get advice tailored in relation to your specific situation. 

Don’t I deserve to be punished for DUI?

Well, not in situations where there are technical legal problems with how the arrest was made, or when y6our breath or blood were tested with improperly maintained/calibrated equipment, or when the arresting agency fails to produce a chemical test result within two hours of your driving or being in actual physical control of your vehicle.  Just because you were arrested for DUI does not mean–as a matter of fact–that you are doomed to be found guilty of DUI and endure a DUI conviction. Certain situations teach us important lessons, and a DUI arrest is one of them. Do you have to endure any more risk of loss of your money, license, job, or your freedom in a DUI charge? It is time to minimize the damage and at Y & M, this is our specialty.

Today, almost everyone knows that driving while intoxicated on alcohol or drugs will result in stricter punishment in Nevada. But in most cases, having a few beers and getting a DUI charge shouldn’t mean that you have to deal with penalties that carry life consequences, since even a first offense conviction will probably be enough to get you flagged permanently for any background checks in the future.

How can I avoid a license suspension for a DUI in Nevada?

There are a few options available to you to prevent a suspended license for a DUI offense in Nevada. This mostly happens by finding out exactly what took place during the arrest. Your attorney will then be able to provide appropriate defense tactics to use, ideally preventing the DMV from revoking your driver’s license following a DUI charge.

An administrative license hearing to establish whether a license gets suspended or not is usually the first court date the driver will attend once they get arrested for DUI. The driver only has a few days to act in ways that can help prevent a suspension in Nevada, meaning that the timing of how soon you act is everything. But, you can get around a license suspension by putting a breath interlock device in your car.

What happens if I fail the breath test?

When a driver fails a breath test during a traffic stop, most assume that a guilty conviction is inevitable. But this is not true at all. Whether you failed a blood test or a breathalyzer test, you should be aware that most police officers make mistakes either with the testing procedure itself or using equipment that is not calibrated to the specifications stipulated under Nevada law for drug and alcohol sobriety tests on drivers.

When you come to us, we will immediately get to work to check these details before the next court date. It’s particularly important to challenge this information as soon as possible after getting charged, as this can boost your chances of not only dismissing the case quickly, but also preventing expensive consequences along the way.

What are the chances to get first-offense DUI charges dropped?

Drivers fighting a first time DUI offense will always have better chances of getting their charges dropped compared to repeat offenders. Nonetheless, to get a DUI charge dropped or reduced will require a strong defense under the new strict Nevada laws on DUI. This is only possible when an experienced legal expert can guide and inform you on how you can challenge the test evidence along with the arrest details the officers reported.

Can you avoid getting the Ignition Interlock mandated for my car?

An ignition interlock mandate is among the worst DUI consequences a driver faces in Nevada when convicted of the offense. The device is ideally a car breathalyzer machine that is wired into any vehicle the person drives following a successful conviction in court. The person can avoid the interlock penalty and its high costs if they can successfully fight the charges properly before this outcome takes effect.

The ignition interlock device can be avoided–but the cost will most often be the privilege of driving during any prescribed revocation period. 

How we can help you fight to get out of the DUI charge right now.

Yampolsky & Margolis Criminal Defense Las Vegas

If we can review your arrest details in enough time before the next court case, it will raise your chances of a DUI charge being dropped and even avoid a driver’s license suspension in NV at the DMV hearing that occurs days following the arrest. 

If you’ve just been arrested for a DUI charge in NV and it’s your first offense, check out this page for preventative steps on how to avoid the ignition Interlock device and the high costs it’s associated with. Most drivers and tourists in Nevada who get charged under the new strict laws, can benefit their life as much as getting their charges reduced or dropped in court by knowing if they will have to get the Ignition Interlock installed and figuring out how to stop it in time. 

One of the biggest myths about being charged with a DUI in Nevada is that you will be found guilty automatically if you failed the roadside field sobriety tests or the breathalyzer tests. So many people initially think that breathalyzers and the police officers that use them, are incapable of making mistakes or errors during the arrests. However, this is far from the truth and many DUI cases in Nevada have been overturned or won based on such mistakes in procedure.

Making the most out of having your arrest details evaluated professionally by the experienced members of our team can help find all the aspects of the case and develop a strong defense strategy. Still, the timing and speed of fighting to win and beat a DUI case in Nevada are key to defeating the charges. Highly experienced local attorneys in your area can review your arrest details and give you your potential defense options along with the possible steps or ways that could be used to help fight for your rights and have the charges dismissed completely.

Early professional help beat local Nevada DUI attorney near you is critical to fight DUI charges effectively. It may actually make the difference in ensuring ways of how you can save your driving license well at the administrative license hearing.

But how can you successfully defend and fight to overturn a DUI arrest charge in Nevada? The following are some of the common ways of fighting to get out of a DUI charge. You must be able to show that:

  1. The officers made the mistake in procedure at the time of the DUI or DWI arrest
  2. The blood alcohol content (BAC) level was incorrectly measured after the stop
  3. The officers had an invalid reason for the original traffic stop or initially pulling you over
  4. Any other factors that might be found depending on the circumstances surrounding your arrest

Note that the breathalyzer tests used by police in DUI or DWI arrests don’t always give an accurate reading of the person’s blood alcohol content BAC level. Positive readings can allow the police to arrest you for the purposes of submitting you to an official breath analysis (usually done at the police station) using different breath testing equipment. The later result taken after your arrest is what the police usually rely on to establish a proper BAC reading. 

Still, the later time that you take the breath test means that the alcohol has absorbed more into your bloodstream while at the station, and it doesn’t necessarily mean that it was your BAC level while you were driving. For this reason, knowing the time when you were stopped, and the time the testing was administered is essential when it comes to finding the possible ways that might show how to beat a Nevada DUI case under such circumstances. 

It’s common knowledge that a person’s BAC level will naturally rise and fall over time, even after the person has stopped drinking. It’s also known that there are often some time-lapses between getting pulled over, arrested, and eventually being submitted to the official breath tests, and your BAC level at the time the official rating is taken can be different from what it would actually have been while you were driving. Depending on who examines your arrest details, there might be other possible ways to fight and beat a DWI/DUI case in Nevada because of improper testing or arrest procedures. 

What do I do to help in finding ways to fight to beat a Nevada DUI/DWI case?

Keep in mind that if you are convicted of a DWI or DUI in Nevada, a license suspension might be mandatory. Following your arrest, the details can be examined to look for potential mistakes during your arrests that could be used to your advantage to fight pending DUI or DWI charges. You can then learn your options as well as the legal costs expected when fighting a DUI case in NV. 

The procedures for arrest and how the chemical tests of either your blood, breath, or urine are usually specific and unique, and if these are not compiled properly, they can amount to a strong defense strategy to effectively fight and beat a Nevada DUI charge. 

What are the possible ways to beat Nevada DUI/DWI charges based on blood or urine results?

There are a few circumstances when the police can take a blood or urine sample instead of a breath test. You might even have had a Nevada DUI urine or blood test conducted at the hospital or police station. The legislation that governs the undertaking of these tests are particularly strict and it’s quite common for mistakes to be made. 

Having the details of our DWI or Dui arrest examined by the members of our team as early as possible can help to provide ways of how you can beat a Nevada DUI based on the urine and blood tests results. 

Fighting a DUI or DWI refusal in NV – failure to voluntarily submit a DUI chemical testing specimen. Perhaps you got stopped by police in NV and you’re now facing DUI refusal charges, as you failed to provide a specimen and ended up being charged with DWI/DUI anyway. In such a case, you will likely face a license suspension for DUI refusal in NV. Nonetheless, with an expert DUI or DWI attorney in Nevada reviewing your case details, you might avert the license suspension. 

DUI or DWI offenses in Nevada usually occur when a defendant is suspected of drunk driving, is consequently arrested but fails to provide a specimen to allow the police to prove that they were in fact over the legal BAC limit. But NV DUI defense strategies to fight to get DUI charges dropped can arise when the procedure is not conducted properly or if the defendant had reasonable excuses for failing to provide a specimen. Note that this is still a very technical area for the 2022 Nevada DUI laws. 

Early and urgent expert help is essential when fighting a DUI case in NV and can help increase your chances of a successful outcome in court. 

How you can avoid expensive mistakes when choosing a DUI/DWI attorney in Nevada to fight your DUI charges

One of the most common and often costly mistakes that people make when learning possible ways to fight DUI, DWI, OVI, OUI, OWI, or similar arrests in Nevada is hiring an expensive lawyer to represent them, that is not necessarily skilled or experienced enough in fighting DUI or DWI charges in Nevada effectively. Some general practice lawyers will simply take on a winnable case and then have you plead guilty to the charges if they are in any way not up to the task to beat your DUI charges. 

This is why it’s essential to hire an experienced DUI lawyer in Nevada that specializes in fighting Nevada DWI or DUI charges. At our firm, we have a great track record of fighting and winning DUI charges in Nevada. Keep in mind that hiring an attorney without first being equipped with the proper knowledge and information about the DUI process, meaning that you solely rely on the general practice lawyer to help you throughout the case can easily result in a poor outcome. Just as with most life-altering decisions in life, taking action and learning as much as you can about what you can do in your situation and finding all of the possible ways to beat a DUI charge is always the best approach to fighting and winning an NV DUI arrest charge. 

Even if you’ve already hired a DUI attorney to handle your case, using our free online service to have the details of your charge reviewed, can provide you with detailed insight into any mistakes that were missed that could be used to make your legal defense more effective. Our service is free of charge, and you have nothing to lose; in fact, you have everything to gain by making the most of the possible Nevada defense strategies as early as possible to fight and win your DUI arrest case. 

How reviewing your DUI arrest details can help find possible ways of what to do on how to fight and win a Nevada DUI/DWI charge

By watching the videos and reading the information provided on this website extensively, you can learn why the details of what happened during your own arrest are so important and can even give you solutions to finding all of the possible ways in which you could fight and win a Nevada DUI arrest charge. 

Following a DUI arrest in Nevada, you should never assume that the prosecution will be able to prove their case against you, or that you can’t possibly fight to beat Nevada DUI charges, even if you failed the field sobriety of the chemical tests that were administered. You can know what to do by taking proper action now and finding out if you have a strong defense to beat your Nevada DUI charges entirely, or if you can fight the charges to be reduced or to a less serious charge. 

You should essentially research this information especially about what occurred during your arrest, ideally before making any serious decisions that can seriously affect the rest of your life with a DUI or DWI charge on record, and the associated financial burden this could bring. 

How can I beat my DUI/DWI in NV?

Knowing exactly what to do after getting a DUI or DWI in Nevada is essential for every driver. Don’t forget that almost no one expects to end up being pulled over and arrested for DUI, or DWI not only in Nevada, but also anywhere else in the country. While it can be a stressful situation, you should keep in mind that you have a right to defend yourself, and knowing what to do immediately after is essential, as the immediate action you take may help prevent the severe consequences of a DUI charge in Nevada. 

Once we examine the details of your arrest and let you know about the possible legal options and tactics available in your case to drop or reduce them, you will also be ascertained that your legal counsel is working relentlessly to ensure a favorable outcome for your case; not just doing the bare minimum at your loss, considering this occurs quite often with certain kinds of unqualified attorneys when fighting DUI or DWI charges in Nevada. 

When your arrest details are assessed by our team, it will be the first step towards exposing ways in which you can protect your license, your hard-earned money, and your freedom by letting you know about the possibilities of your case based on the arrest details, which could end up eliminating your DUI case entirely. 

We would like to help protect you against the expensive and strict Nevada DUI and DWI justice system, so that you don’t have to risk losing your financial security and your license with the high legal costs that come with the DUI and DWI legal process in Nevada. We are against drunk driving, and we can never advocate for it. But we know that the system can be a bit biased towards persons charged with DUI in Nevada. We understand how the political climate disfavors people accused of DUI in NV. 

Many police officers and prosecutors treat Nevada DUI or DWI suspects as if they are already guilty before any of the facts are presented. You have the right to defend yourself, and your future is worth protecting for both you and your family. 

Why should I know the facts surrounding my DUI Arrest in Nevada?

Following a DUI arrest in NV, lots of defendants take the guilty plea and end up realizing that they had a strong defense that may have helped them win and beat the charges. There might even be a small detail that would have saved you from being convicted for a DUI or DWI offense in NV. Once they evaluate the details surrounding your arrest, an experienced DUI lawyer in NV will figure out your legal options in terms of what they can do and how they can fight and win your Nevada DUI case effectively. 

DUI/DWI cases in Nevada are treated as serious legal matters. Even for first-time offenders, a DUI charge could highly likely result in a criminal conviction for DUI, a Nevada Ignition Interlock device, large fines, and a period of license suspension. Repeat or second DUI offenses in Nevada may even result in a jail sentence, on top of even more severe and expensive penalties. 

For the sake of your future, it’s important that you don’t hastily plead guilty to the DUI or DWI charges just to get it over with. You should ideally wait until you’re fully informed about the legal options in your case and have had your arrest details professionally examined by a skilled DUI lawyer with extensive experience in DUI law in Nevada. 

This can help you gauge whether the prosecution can prove its case against you or is lacking sufficient evidence required to convict you. For most cases, if any evidence can be invalidated or you can prove that errors occurred during your arrest, the charges may be reduced or dismissed.

You owe it to yourself to figure out if you potentially have a good defense in fighting to beat your DUI charge and win the case by simply taking the more important steps such as having the details of your arrest assessed online for free to find out your legal options. There are lots of possible ways to defend a DUI charge in Nevada, even after you fail blood, breath, or urine tests, and if any of the results came out above the legal limit for a DUI in Nevada. 

It’s important to the outcome of your case to establish all of your options on what to do and ways to beat the DUI arrest charges in Nevada before pleading guilty or for your case has gone too far along to make a difference. Keep in mind that when you enter a guilty plea for a DUI in Nevada, it’s almost impossible to withdraw it.

Another legal advantage of having the details of your arrest assessed carefully, he’s making sure that any kind of mistakes that were made during the process can be identified and potentially used to your advantage, allowing you to possibly beat your DUI charge. 

Find out the cost to handle your Nevada DUI/DWI case upfront

At our firm, we offer free online examinations of the details and circumstances surrounding your arrest, to help you figure out what to do after you are charged with DUI in Nevada, and help you find out what to expect in terms of how much your case should cost to fight in court. An experienced DUI lawyer in Nevada will carefully review your details and offer you possible defense strategies, as well as the price and cost information to handle your case.

Once you decide to hire A DUI attorney, you should know that most of them will offer a flat rate fee, which should give you peace of mind knowing exactly how much they will charge to represent you. Moreover, once they go over your arrest details, most lawyers will have convenient financing options available to you, making it easier for you to get the best representation possible in fighting and winning DUI charges, so that you just don’t settle with a public defender who might not be as skilled to represent you and deliver the best outcome possible.

Free case evaluation covers every city, county, and town in Nevada, including Las Vegas. We take great pride in helping our clients find possibilities in fighting and defending against the charges entirely. Whether you’re fighting against a first offense DUI, a DUI test refusal case, or second repeat charges for DUI in Nevada, acting fast is essential and you can do this by using our online free resource to analyze the details of your arrest.

We don’t include any obligations with using our tools and resources – our lawyers will carefully go through your arrest details and if you decide to work with us, we’ll start working on building the best defense and exposing the strength of the case along with possible errors that can be used to your advantage. Will then discuss your potential legal options as well as the costs you can expect for your case. 

Time is critical for every DUI case in Nevada. Knowing what to do and the actions you need to take next will go a long way. Our experienced DUI Defense Attorneys will point you in the right direction, and work relentlessly to have your charges dropped or reduced. Talk to us today to find all the possible legal defense strategies for your case and how to fight and get out of a DUI offense in Nevada.

For more information on how Criminal Defense Lawyers can help you with Legal Tactics for How to Evade Conviction & Defeat a Recent DUI Charge in Nevada, please contact us at(702) 385-9777, or visit us here:

Yampolsky & Margolis Criminal Defense Las Vegas

625 S 6th St Las Vegas, NV 89101

(702) 385-9777

About the Author Attorney Mace Yampolsky has been achieving successful outcomes
during pre-trial negotiations as well as in the courtroom, defending
clients on nearly all types of criminal defense cases.

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