FREQUENTLY ASKED QUESTIONS
After being arrested for a DUI charge, your first court appearance is called an arraignment. At this time, you and your attorney will appear and make your plea in whichever Nevada County court your arrest happened in. You will also gather police reports during the first court appearance and set the next court date (for approx 4-6 weeks out). At this point, your attorney should be gathering information from any sobriety tests performed or any other evidence you have to prove a not-guilty plea.
Get legal advice from a lawyer with experience in handling DUI matters in Nevada. The stakes are high, so don’t risk handling the matter yourself. Call us at (702) 905-1690 immediately, and we will schedule a free consultation for you. You can find additional information at https://www.adrasandaltiglaw.com/dui-lawyer/.
This information will help you understand the charges against you, the court process, and potential defenses. Do not delay. Nevada will revoke your license if your blood alcohol content (or breath test equivalent) is above .08. You must take immediate steps to try to protect your driving privilege. Even if your license has already been revoked, we can help get you a temporary license that will allow you to drive to and from work. We deal with the DMV for you with respect to the driver’s license revocation proceedings.
If your blood or breath test result is over the legal limit, .08, this does not necessarily mean that you are DUI. The full complement of sobriety tests (FSTs and chemical testing), are certainly evidence against you, but they are not always conclusive proof that you will be convicted of DUI in Nevada. There are a number of factors to consider when evaluating your case and planning your defense to DUI, including, but not limited to, the conduct of the police officer(s), your conduct, the accuracy of the tests and the testing methodologies.
Furthermore, you have the right to have an independent analysis of your blood, if you elected the breath test.
Generally, there are two types of tests the officer may ask you to take. Usually, the officer will start by asking you to take a series of field sobriety tests. Field sobriety tests (FST’s) usually consist of the following tests: (1) walk and turn; (2) one leg stand; and (3) horizontal gaze nystagmus. In Nevada, there is no legal consequence for refusing to take the FSTs, and since these tests are used primarily to gather evidence against you, refusing (politely, of course) to take FSTs is the right decision in most cases.
If you decline to take the FSTs, you should ask the officer if you’re free to leave, or if you’re under arrest. If you’re under arrest, immediately tell the officer you want to speak to your lawyer.
This is a difficult question, particularly if you’ve been drinking and driving. Most importantly, don’t lie to the officer. Your statements to the officer potentially become evidence in the case, should the officer decide to arrest you for DUI. Remember what you read above, police cars often have video and audio recorders on board, and so everything you do or say is likely to be recorded. Your best answer may be that your attorney has advised you not to answer questions like that without their presence.
If you have not been drinking, tell the officer, “I have not been drinking.”
If you have had one or two drinks, and you believe you are not DUI, you may want to tell the officer you have had something to drink but you are not under the influence. Being honest in this situation may be beneficial to your case as the matter proceeds.
If you think you are DUI, advise the officer that your lawyer advised you never to answer an officer’s questions without his or her presence.