Have you been charged with drunk driving in Las Vegas? Between the stop, intoxication testing, arrest, booking, and charges, you are likely overwhelmed and confused about your rights and options to fight the DUI. At De Castroverde Accident & Injury Lawyers, our DUI defense lawyers are committed to helping our clients fight all types of drunk driving charges, and we can provide the aggressive representation you need. To help you better understand your situation, De Castroverde Accident & Injury Lawyers has provided a helpful Las Vegas DUI frequently asked questions below.
What is an unlawful police stop?
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.
What if I failed a breath or blood test?
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.
What is the DMV hearing?
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.
When is drunk driving a felony?
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.
What is an IID?
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.
What is a CDL DUI?
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.
Contact De Castroverde Accident & Injury Lawyers today!
If you are charged with drunk driving in the Las Vegas area, do not hesitate to contact our experienced team. Our family-run law firm is dedicated to providing the community with exceptional defense against all types of criminal charges, and we have represented countless clients against DUI offenses.
We understand that this is a stressful and confusing time for you and your loved ones, and you can be confident that we can provide you with nothing short of exceptional advocacy and aggressive defense. Call our offices at (702) 222-9999 today to discuss your case and legal options!