How to Contest a DUI Charge in Nevada

a man talking to his DUI lawyer on how he can contest his DUI charge in Las Vegas

DUI convictions come with life-altering consequences. Knowing how to beat a DUI — and working with a skilled Nevada DUI defense attorney — can make a difference and protect your future. Below are some of the most common ways criminal defense lawyers can attack the prosecution’s case for drunk driving in Las Vegas.

Why Is It Important to Hire a DUI Defense Lawyer?

Hiring a qualified DUI lawyer in Las Vegas is the best way to build a strong defense. Experienced criminal defense attorneys understand how local courts handle DUI cases. They can use both local and legal knowledge to identify weaknesses in the prosecution’s evidence and advocate for the best possible outcome on your behalf. 

Remember, law enforcement and prosecutors start building a case against you right away. The earlier you hire an experienced DUI attorney, the faster they can intervene and advocate for reduced penalties or case dismissal.

Ways to Beat a DUI Case

Your defense will depend on the unique circumstances surrounding your arrest. However, there are a few common ways a Las Vegas DUI attorney would attack the prosecution’s case.

Improper Field Sobriety Testing

Field sobriety tests are notoriously unreliable and are often improperly administered. Law enforcement must follow the standardized procedures outlined by the National Highway Traffic Safety Administration (NHTSA). If the officer failed to do so during your DUI arrest, your attorney could argue that the results are unreliable and should be excluded from evidence.

No Probable Cause for the Traffic Stop

Under the Fourth Amendment, police must have reasonable suspicion to stop your vehicle. If there wasn’t a valid reason to pull you over, like swerving, traffic violations, or other observable signs of impairment, they may not have had reasonable suspicion. Your lawyer can file a motion to suppress the evidence obtained during the stop. Without this key evidence, the prosecution may have no case.

Breath Testing is Inaccurate

Certified personnel must regularly calibrate and operate breathalyzer machines to yield accurate results. Mechanical errors, poor maintenance, and operator mistakes can create false readings. Your Las Vegas DUI lawyer may challenge the results in your DUI case.

Non-Alcohol Factors Can Hinder Your Performance on the Field Sobriety Tests

Medical conditions, fatigue, anxiety, or even uneven pavement can affect a person’s ability to perform field sobriety tests. This can give the impression that you’re impaired, even if you’re completely sober. An experienced DUI lawyer can present this information to the court as a way to explain why your test results were misleading.

Constitutional Issues

Violations of your constitutional rights, including unlawful search and seizure or failure to advise you of your Miranda rights, can significantly impact your case. Any evidence obtained through these violations may be inadmissible in court. The suppressed evidence could lead to reduced charges or case dismissal.

Sobriety Witnesses May Bolster Your Case

Finally, you may be able to support your case with eyewitness testimony. People who observed your behavior before or during the arrest can provide valuable evidence to confirm you were not impaired. Their statements may directly contradict an officer’s account, which damages law enforcement’s credibility.

Contact a Skilled Las Vegas DUI Attorney at Adras & Altig

If you’re wondering how to get out of a DUI in Las Vegas, the first step is securing experienced legal representation. The experienced attorneys at Adras & Altig can review your case and fight for your best possible outcome. Contact us today for a free consultation.

 

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Adras & Altig, Attorneys at Law

At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.