Flashing lights in your review mirror and you’ve had too much to drink. You know right then, you are going to jail. It can be a terrifying experience getting a DUI and I realize good people sometimes get arrested. But when the odds are stacked against you, I can help you navigate the system.
A DUI can carry either misdemeanor or felony charges depending on the following:
- Your blood-alcohol or breath-alcohol level
- Whether you had a collision
- Bodily injury or death
- Prior DUI convictions
- Whether or not you had a minor in the vehicle
A Nevada DUI conviction will most likely heavily impact your financial and personal freedoms. Also consider your insurance premiums, driving privileges and on some level, your reputation. Just a few DUI legal issues I am prepared to handle include the following:
- Avoiding a DUI conviction
- Boating DUI
- Breathalyzer accuracy and evidence accuracy
- Challenging a DUI
- Commercial drivers DUI
- Driver’s license penalties
- Drunk driving defense
- Drunk driving vs. driving under the influence
- DUI with serious injury or death
- DUI probation violation
- Open container
- Sobriety checkpoints
- State of Nevada DUI laws
- Underage DUI
In the state of Nevada, drunk driving means you must have a blood-alcohol level of 0.08 or higher. This means 0.08 grams of alcohol per 100 milliliters of blood, or 0.08 grams of alcohol per 210 liters of breath. These tests are administered by breathalyzer machines or analyzed in a laboratory. They stipulate a very unambiguous definition of impairment.
Impaired Driving is a little fuzzier and less straight forward. The statute states that a person may be guilty of DUI if he/she is “under the influence” of either alcohol or chemical substances “to the extent that the person’s normal faculties are impaired.” This leaves it up to the officer to make a subjective judgement call on whether he/she is “impaired” even if the blood alcohol level does not meet or exceed 0.08. Normal faculties are as followed, but not limited to:
- See
- Hear
- Walk
- Talk
- Accurately judge distance
- Drive a vehicle
- Make sound judgements
- Act in an emergency
You may have many possible defenses ranging from challenging the blood alcohol test methodology and results, to offering credible alternatives for the officer’s conclusions, and into seeking suppression of evidence. I may be able to help reduce the impact of a DUI or depending on the circumstances get you off completely. Call me, Ben Scroggins, Chtd., today at (702) 328-5550
