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Experiencing a Las Vegas DUI Arrest? Here are 10 Steps You Should Take Today

Have you gotten arrested for a DUI in Las Vegas? What happens now?

Picture this…

You sat down with your friends to have a few drinks. You got stopped by the police on your way back. Some minutes later, you were arrested on a Nevada DUI charge. A blood or breath alcohol test soon followed, after which you got released from jail with a citation for a court appearance at a later date. What now?

As defense attorneys for Las Vegas DUI cases, we are experienced in collecting and presenting favorable evidence that can help you avoid a DUI conviction and receive a reduced sentence or have your charges dismissed. Working with us means getting on board with a team that uses the information you have to prepare a strong defense.

The following ten steps can help you strengthen your defense in your Las Vegas DUI case;

1.   Reach Out to Friends and Family

A drunk driving arrest can leave the best of us shaken and disoriented. However, talking to a friend or family member as soon as possible is important. You must ensure they hear your voice, speed, and thought process. This can also be achieved through a call from prison.

In most DUI cases, police officers will argue that the suspect’s speech was mumbled, that they slurred their words and that their thought process was slow and confused. However, officer bias can lead to an exaggeration of these factors.

Speaking to friends and family can ensure that there is someone who has a different impression. You can use this person in court to argue that you sounded alert and coherent to another party and that your speech was normal at the time of arrest.

2.   Go Back in Time

After a drunk driving arrest, you must go back in time and make a list of everything you ate and drank. This can help your attorney create a timeline of the events.

A major factor relating to your blood alcohol content is the absorption of alcohol and its effects on driving. It is possible to prove that you were absorbing alcohol at the time of being pulled over. Your blood alcohol levels might have been lower when driving than when you took the test.

Our toxicologists can deduce your blood alcohol levels based on what you ate or drank as well as the duration of time. Thus, this information can be helpful for your case.

Moreover, it is also essential to let your defense attorney know exactly what you drank. For example, a person who drank one glass of wine can’t possibly have a blood alcohol level of 0.13% on the Intoxilyzer 5000. This means there is something wrong with the reading or that it could have provided a false percentage.

3.   Solidify the Trail

When creating a case, a trail is essential as it provides proof to the court of everything you could have eaten and drunk before the arrest. It is important to get receipts for all your alcohol and food purchases before the DUI arrest.

 This includes what you drank when you drank it and the exact location. These clues can also be used to gather enough documentation for the court. If you cannot get a receipt from the establishment, credit card records can help. But the former creates a much stronger case, so trying to get as much as possible is important.

4.   Look for an Experienced Las Vegas DUI Attorney

You need someone who can help you put the case together and present the evidence in a presentable manner. Your attorney must be experienced enough to do this.

They must have a sound knowledge of biology, alcohol physiology, possible inaccuracies of the tests conducted by police officers, common breathalyzer flaws, typical roadside police investigation procedures, Nevada DUI laws, and the bureaucratic structure of the local courts.

Much like how surgeries can only be done by a doctor who is well aware of the intricacies of human anatomy, your case must be taken up by a lawyer who knows the structure of the legal system and relevant procedures. There’s a lot you can lose by missing out on key details. There is a lot at stake, and the entire process is too difficult to handle on your own.

It is important to consult a lawyer ASAP after your arrest while you’re still sure about the details, and the potential evidence is easy to find. Here is when an attorney can use the details you provide to create a strong defense.

Since the D.A. usually conducts a pre-file investigation on your case, your defense attorney can also conduct a pre-file investigation of their own.

5.   Get Tested for GERD

Getting tested for GERD or other stomach disorders is important if you have been experiencing acid reflux or heartburn. If you feel like your DUI breath tests do not reflect what you ate and drank, GERD may be interfering with your results.

Machines may give a falsely high reading for people with GERD. Providing information regarding your illnesses to your attorney may help them create a strong case for you. GERD is a common illness that often goes undiagnosed and untreated, so it is important to check it off the list.

You must get treated for GERD in time. Besides helping in your court case, diagnosis and treatment can also improve your quality of life. The treatment your doctor prescribes can help you manage the condition.

6.   Visit the Dentist

Dental conditions such as cavities, food impactions, dental pockets, and gingivitis can lead to false readings on the DUI breath test as they lead to residual mouth alcohol. The alcohol left behind contaminates the collected breath sample and produces a high reading.

If you think your dental problems might have caused the false reading, discuss this with your attorney. You might need to get a dental evaluation!

7.   Cross Out Other Possible Explanations

Some other chemicals and compounds may lead to falsely high readings. These include any paints, paint removers, cement, glues, varnishes, solvents, or adhesives which the suspect might have been around. It could contaminate the breath alcohol testing and cause errors as these substances can stay on the breath for some time.

Since breath machines identify these as alcohol and provide a high BAC reading, these should be mentioned to defense attorneys so that they can be presented to the court as an explanation.

8.   Return to the Scene

If you have been arrested for driving under the influence, ensure you return to the scene and bring along your lawyer. Analyze the scene with your lawyer and notice the lighting and surface where the field sobriety test or breathalyzer test was performed.

If the area was poorly lit, uneven, slippery, or patchy and gravely, or if the weather conditions of that particular day were bad, your defense attorney could argue against the accuracy of the field sobriety tests. The poorer the conditions, the harder it is for people to perform the tests.

9.   Talk to a Potential Witness

You can attempt to speak to a potential witness when arguing for your sobriety. This includes any passengers in the car or alibi who can vouch for your whereabouts right before you step inside the car. Ask them valuable questions such as;

  • Did I seem drunk before I got into the car?
  • How was my driving before I was stopped?
  • How did I talk or behave?
  • Was I slow to respond or lethargic?
  • Did I slur my words?
  • Did I do anything to indicate I was too intoxicated to drive?

A witness that can vouch for your alertness and driving skills can provide valuable evidence for the court. They can even testify during a trial to contradict the officer’s statements.

10.   Keep on Top of Your DMV Hearing

In cases where your breath was tested, Nevada law provides you with seven days from the day of your arrest to reach out to the Nevada DMV and request a hearing that can help you regain your driver’s license. If your blood was tested, this period starts when the results come back from the lab.

Failure to request a DMV hearing may lead to an automatic suspension of your license. You also might not get a chance to challenge the suspension again. Hiring an experienced DUI lawyer in Las Vegas means covering all bases, as an experienced attorney knows the importance of contacting the DMV and can do this process on your behalf.

Ensure you are on top of this requirement and remind your attorney, even if you are sure they will make it happen. Do not miss that DMV hearing, as it can help you save your driver’s license and solidify your case in court!

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