July 8, 2016

The 10 Best Defenses to DUI Charges in Nevada

best defenses to DUI charges in Nevada

DUI charges in Nevada come with serious consequences. This is why it is important to understand the some of the 10 best defenses to DUI charges that could be made should you find yourself in trouble.

  1. BAC Defense

Our bodies continue to metabolize alcohol after we have had a few drinks. So our blood alcohol levels may not be at their highest straight after a drink. If a breathalyzer test says your BAC is .08% or close to that, it may be possible to prove that your BAC was actually lower than the legal limit when you were driving and that it increased between the time you stopped and took the test.

  1. Not Under the Influence

To be convicted of a DUI you have to actually be under the influence of alcohol or drugs. If there are not chemical test results to prove this, police can still arrest you if you show symptoms of being intoxicated. An experienced lawyer who deals with DUI charges in Nevada can refute such claims with a reasonable explanation for why you seemed intoxicated.

  1. You Weren’t Driving

You have to have been operating the vehicle in order to be convicted of a DUI. If someone else was behind the wheel, this defense could be used in your case.

  1. Violation of the Fourth Amendment

Police need to have reasonable suspicion to pull you over. If they pull you over on a whim, this can be considered a violation of your Fourth Amendment Rights and all evidence collected during the stop can be thrown out.

  1. Unconstitutional Checkpoint Methods

If you are stopped at a DUI checkpoint, police don’t require reasonable suspicion to pull you over. But, they can not target you based on any unreasonable purposes, such as race or the type of car you drive. If police failed to follow constitutional checkpoint methods when issuing DUI charges in Nevada, this could help your defense greatly.

  1. Mistakes Made During Sobriety Testing

A lawyer may be able to challenge any of the field sobriety test results if police failed to follow the right protocol. The police are required to comply with the methods and standards as written by the National Highway Traffic and Safety Administration. If they don’t follow the standards, your lawyer could have the results suppressed as evidence and your charges dismissed.

  1. An Emergency Doctrine

Another defense that could be relevant is if you were driving recklessly due to a sudden emergency. Did you have a sudden medical emergency? Were you in imminent danger? All these scenarios would be considered by your criminal defense attorney.

  1. Involuntary Intoxication

If you made a reasonable and honest mistake by ingesting a drug or taking the wrong medication, you could be excused from a criminal offense.

  1. A Violation of Your Miranda Rights

When police take you into custody, they must give you Miranda warnings. This can come up when you tell police you’ve had a few drinks. If you made such comments after being taken into custody, though, without the Miranda rights being read, your lawyer could have a valid defense.

  1. Inaccurate Breathalyzer Test Results

Police officers need to follow strict procedures when they administer a breathalyzer test. If they did not do so for you, your lawyer can argue that the results were inaccurate.

Want to Learn More About DUI Charges in Nevada?

Uber is taking steps to help reduce DUI charges. Take a look at this blog to see how you can avoid DUI charges down the line. You seek the expertise of a DUI defense attorney to help you navigate the courts and successfully fight your charges.