If you’ve been charged with driving under the influence, it’s important for you to try and dismiss the charges or reduce the charges to reckless driving. Driving under the influence carries a variety of penalties that are more serious than the sentences for reckless driving, so successfully reducing your charges can be beneficial. Before trying to reduce your sentence, it’s important to understand the consequences of driving under the influence, and what factors control your ability to get the sentence reduced.
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In the state of Nevada, driving under the influence is a criminal charge that is taken very seriously by prosecutors. A person found behind the wheel of a vehicle with a blood alcohol content (BAC) level at or above .08% will be arrested immediately and taken into custody.
The arrest may have stemmed from a chemical blood test, breath test, or even a field sobriety test administered by a police officer. No matter what the driving force in the arrest may have been, it is important to involve a competent Las Vegas criminal defense attorney to protect your rights and defend your case.
If you’ve been charged with driving under the influence, you should always try to have the charges dismissed. If you can’t get them dismissed, the next best thing is to reduce the charge for reckless driving. Fighting your DUI charges gives you a chance to reduce the severity of your sentencing significantly. Here are some benefits of reducing your charges for reckless driving:
These are just a few reasons that fighting your charges is beneficial. It’s also helpful to reduce your crime to reckless driving because of the social stigma associated with driving under the influence. To see if your case can qualify for a reduction in the charges, it can be helpful to read about what causes charges to be dismissed.
DUI charges in Nevada can be dismissed if the facts of the case do not support them. A court might decide to dismiss a DUI case in certain cases, such as when the officer did not have reasonable suspicion to pull you over. Charges can also be dismissed if there was no probable cause if the officer did not administer the field sobriety test properly if the breathalyzer was not calibrated correctly, if you had a medical condition that interfered with the test, or if you reached the legal blood alcohol content limit after you had already stopped driving.
If you can prove that any of these conditions exist in your case, it’s possible to convince the court to dismiss your DUI charges. Nevada prosecutors are required to pursue DUI convictions, but when their case is too weak, prosecutors are free to use their discretion to dismiss the case from the court.
If you’re unable to get your charges dismissed or reduced, the severity of your sentence can depend on a few factors. One thing that the court considers when sentencing DUI cases is whether there was a death or injury as a result of your actions. If death or injury occurred as a result of driving under the influence, then the offense is considered a category B felony.
These felonies carry a range of sentences that include two to 20 years in prison and fines ranging between $2,000 and $5,000. You may also be required to attend a victim impact panel, and the court might install a breath interlock device in your car for one to three years after release. Previous DUI convictions can also affect your sentence.
With the many negative impacts of a criminal conviction, you cannot afford to face your charges without the help of a Las Vegas DUI lawyer. We are committed to providing clients with exceptional legal services, and you can be confident that your case will receive aggressive effective representation.
To fight for your freedoms and challenge your charges, enlist the support of a proven team – call De Castroverde Criminal & Immigration Lawyers at (702) 805-2694 or fill out our online contact form today!
De Castroverde Law Group has helped countless clients defend against serious charges, including:
Former district attorney Frank Johan Coumou discusses the De Castroverde Law Group’s unparalleled experience defending clients against all types of criminal charges.
De Castroverde Law Group is dedicated to helping someone like you. Someone who has been criminally charged, who has been arrested or someone who knows that they are under criminal investigation. These are frightening scenarios and are usually accompanied by high levels of stress. If you find that you are in a situation similar to this, we highly encourage you to look around our site. Your Las Vegas criminal attorney can do the following:
An officer cannot randomly pull a vehicle over to test the driver for intoxication, or else is would be considered an unlawful stop by the police. There are a number of regulations law enforcement must follow when stopping a driver for suspected drunk driving. The officer must have probable cause before pulling a vehicle over, which means there must be good reason to suspect the driver is under the influence. This may be for such behavior as speeding, swerving across the lanes, reckless driving, ignoring traffic signs and signals, driving too slowly, etc. A DUI can also result if the officer pulls you over for a routine traffic violation and notices that you seem inebriated.
Many people think it is pointless to challenge a DUI if they failed a chemical test, but it is important to know that there are a number of possible defenses when failing a breath or blood test. The results of your test could have been tainted or negatively impacted if the breath machine was improperly calibrated or improperly maintained, if you burped or vomited within 30 minutes before taking a breath test, if the technician cleaned your skin with an alcohol swab before taking a blood sample, if the technician did not follow standard procedure when testing the sample, etc. Call our firm to discuss your case with a member of our skilled team to learn about your defense options.
There are two separate legal processes for a DUI: the criminal trial and the DMV hearing. At the hearing, the DMV will decide whether or not your license should be suspended for the alleged offense. It is important to have the advocacy of a skilled lawyer at your hearing who can present evidence in your defense and seek to have the consequences to your driving privileges dismissed or reduced.
DUI is most often a misdemeanor offense, but you can be charged with a felony if you are arrested for your third DUI within 7 years or if the incident caused injury or death to a victim. The penalties for a felony DUI are far more severe, including incarceration in a state prison and heavy fines, so if you are charged you should not wait to retain aggressive defense for your case.
An ignition interlock device is a breath testing device that is sometimes attached to the car of a convicted drunk driver as part of their sentencing. In order to start the vehicle, the driver must breath into the machine, and the car will only start if their BAC is under the legal limit. The IID may also require the driver to submit to additional breath testing at random intervals to ensure they cannot “beat” the machine.
If you are arrested for drunk driving on a commercial driver’s license, you face a CDL DUI. Commercial drivers are held to higher standards than normal drivers, due to the extensive damage their trucks can cause when involved in collisions with passenger vehicles. A commercial driver will be charged with a DUI if they are found to be driving with a BAC of .04%, half of the legal limit for regular drivers. If you are convicted of a DUI, you could lose your CDL for life, along with fines and possible incarceration. It is crucial that you enlist a powerful defense attorney for your case who can represent your rights and interests.
By far the best lawyers you could ask for. They completely alleviate you from any stress and hassles from your case and they always end up giving good news. I’m so happy I was able to utilize De Castroverde Accident & Injury Lawyers and would never consider going anywhere else. Craig Hendricks and his team are phenomenal.Gianna G.