Las Vegas DUI Defense Lawyers
Aggressive DUI Defense in Las Vegas, NV
Our Las Vegas criminal defense attorneys at Oronoz, Ericsson & Gaffney,
LLC remind drivers that according to statistics, there were almost 12,000
DUI arrests in the state of Nevada alone in 2011. This averages out to
about 32 a day. Because DUI arrests are so common, many people believe
they’re not worth fighting, or that they don’t need to be
taken seriously. Nothing could be further from the truth.
Most DUI lawyers will tell you an arrest is going to significantly impact
your future. The fines will be expensive, your insurance rates will almost
certainly skyrocket, and jail time is a possibility, no matter how little
you may have been over the legal limit.
There are also
many types of DUI that people may not realize are illegal. Law enforcement is quick to perform arrests any time someone is under
the influence of any controlled substance behind the wheel, including
prescription drugs and
marijuana. While you may have received a prescription for painkillers or other drugs
(or even marijuana) from a medical doctor, you are prohibited by law from
operating a motor vehicle while under the influence of something that
may impair your judgment or reaction time. DUI arrests for substances
other than alcohol are increasingly common, and are just as serious.
Schedule your free case evaluation by clicking here.
Understand the System and Proceedings
If you’re arrested for DUI, you will go through two proceedings: a
criminal case brought by the Clark County District Attorney’s Office, and a Nevada
DMV Hearing. If your DUI charge is only a misdemeanor, your lawyer will
be allowed to appear on your behalf, meaning you can stay home.
The first step in defending a DUI charge is to
hire an experienced criminal defense attorney. The lawyer’s job is to collect arrest reports, lab reports, and
the history about how the breathalyzer machine (if there was one) was
maintained and administered. From there, the attorney can file motions
with the court on your behalf and negotiate with the Clark County District
Attorney’s Office to try and get the charges reduced or dismissed.
If the case goes to trial, your legal counsel will represent you at a
bench trial in front of a judge. Our Las Vegas criminal defense attorneys
at Oronoz, Ericsson & Gaffney, LLC can do all of this for you.
How to Fight a DUI
Surprisingly, many people who are charged with DUI decide not to defend
themselves. While it’s true that prosecutors and law enforcement
officers have a lot of experience in proving DUI charges, the high volume
of this type of work means they are more likely to make mistakes. This
can mean innocent people are convicted. If you don’t take responsibility
for your defense by hiring the right attorney, there’s no way to
make sure law enforcement does its job and proves its case.
Prosecutors typically rely on one of 4 different types of evidence in DUI cases:
- The suspect’s breathalyzer reading or blood test reading was above 0.08%
- The suspect failed the roadside sobriety test
- The suspect smelled of alcohol, or behaved as if they were intoxicated
- The suspect’s driving was erratic or unusual, indicating intoxication
An experienced lawyer can fight each one of these pieces of evidence, even
breathalyzer readings or blood test results. Any of the following might
lead to a dismissal:
- Officers are required to follow strict procedures when giving field sobriety
tests. Many officers are not familiar with the procedures or simply fail
to administer all the steps properly. Failure to follow the rules means
your case could be dismissed.
- Studies have shown that officers are not always able to accurately identify
when a person is intoxicated just from observing their behavior. If the
officers and prosecutors can’t prove their case at trial beyond
a reasonable doubt, your case could be dismissed.
- Breathalyzer machines have to be maintained regularly by law enforcement
or their readings won’t be accurate. Even when properly maintained,
breathalyzers might give incorrect readings based off of a suspect’s
acid reflux conditions or dental work. If the state can’t prove
its breathalyzer was maintained and accurate, your case could be dismissed.
When You Need Counsel from a DUI Attorney
Only a criminal defense attorney with experience in aggressive negotiations
and savvy courtroom litigation can help someone facing DUI charges see
a desirable end result. Oronoz, Ericsson & Gaffney, LLC knows how
to construct a case that can greatly improve the chances of favorable
results. Whether through trial or negotiation, we have successfully handled
a number of cases involving DUIs of all levels. Regardless of the scenario,
we can help.
Call us at (702) 904-8858 today
to learn more about your rights and options after a DUI.