Ticket Power – Las Vegas Traffic Ticket Blog

Due to the astonishing number of Driving Under the Influence (DUI) arrests in Nevada each year, authorities have enacted some of the toughest DUI statutes in the country.  Prosecutors pursue these cases aggressively entangling defendants into the justice systems web for years. The current penalties for a DUI First offense include a minimum of 2 days in jail and a maximum of 6 months, fines ranging from $580 to $1000, attending and completing the Victim Impact Panel (a two hour course put on by MADD), and attending and completing the DUI court mandated counseling program. If your Blood Alcohol Content (BAC) results are greater than .18 then the court may also require an alcohol dependency evaluation wherein additional counseling may be imposed, or a breath interlock device may be ordered installed on your vehicle. In addition to these stringent penalties, you will also have your license suspended for 90 days.

If you are convicted for a second DUI within seven (7) years from the first DUI, the penalties are increased significantly. If you are convicted of a third DUI within seven (7) years from the first DUI, you will have a felony conviction on your record and serve a minimum of one year in the Nevada Department of Corrections. As a result of the above described “Enhancement Statute” prosecutors or the state want you found guilty with the intention to have the power and authority over you to curb your appetite of getting behind the wheel after drinking (or ingesting drugs).  Often times after a conviction, Defendants have a difficult time completing the statutory requirements and find themselves being held in contempt of court. Do NOT let this happen to you!

Most people falsely believe that if they were out drinking, know they had a few to many, got pulled over, and were taken to jail, then they are pretty much caught “red handed” and should plead guilty. This is a weak man’s mentality. You need an experienced DUI attorney from Nevada to fight for your rights. DUI convictions are difficult for the state as DUI’s are very technical. For example, the state needs to be able to show “probable cause” for the initial stop of your vehicle. Did the officer have proper grounds to ask you to step out of your vehicle? Did the officer properly administer Field Sobriety Test? If a Preliminary Breath Test was performed using the Intoxilizer 5000, when is the last time the machine was calibrated? Was blood withdrawn within two (2) hours from the time the defendant was pulled over? Many times the jail cannot meet these time requirements due to sheer volume. Are there proper affidavits from the accessioner and phlebotomist who analyses your blood? What was the chain of custody of the blood? How was the blood stored or transferred from the jail to the lab?  Were the blood vials properly sealed and labeled? The list of technicalities and requirements that the State must prove for a obtain a DUI conviction goes on and on.

A DUI arrest doesn’t make you a bad person, but it does make you a dangerous person. Learn your lesson without ruining your record and getting caught up in Nevada’s DUI enhancement statutes. Let our staff of experienced DUI trial attorneys make your court appearances for you and obtain the discovery documents (evidence) that the state must provide. We firmly believe that the best Defense for a DUI is a good offense!

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