How Can You Defend Against a Las Vegas DUI Charge?

A Las Vegas DUI charge is a very serious matter. A conviction can have significant consequences that affect important parts of your life. Getting help from an experienced DUI defense attorney is an important first step to take in defending against the charge. Your attorney helps you navigate the complex DUI process and understand your options, in addition to developing the best defenses available in the circumstances of the case.

Defending Against a Las Vegas DUI Charge

If you face a DUI charge in Nevada, a conviction (which includes a guilty plea) carries significant potential penalties, even for a first offense. Subsequent DUI convictions carry even more substantial potential criminal penalties, including jail or prison time and a fine and other conditions. The penalties are established by Nevada statutes.

In addition to the criminal penalties, a DUI conviction often has administrative consequences that affect your driving privileges, even if you are a resident of another state. The administrative process is separate from the criminal process for the DUI charge. Your attorney provides guidance and representation on the administrative issues as well as the criminal justice process for DUI.

Apart from criminal and administrative penalties, a DUI conviction on your public record also can have negative effects on your employment opportunities, housing, financial transactions, and other parts of your life. Aggressively defending against a DUI charge with help from a knowledgeable DUI lawyer is the best approach to minimizing all the consequences of a DUI charge.

DUI Defense Strategies

The most suitable strategies for defending against a specific DUI charge depend significantly on the facts of the case. For that reason, an important part of your attorney’s role is thoroughly investigating everything that occurred during your arrest. There are many facts that can be used as part of an effective defense, such as:

• Lack of reasonable suspicion to stop the vehicle
• Improper procedures used by the police for tests, including field sobriety tests
• Police failure to administer required statements at the proper time
• Issues with the testing equipment used for breath or blood tests
• Existence of a medical condition that affected test results

A detailed investigation into the incident may also expose other police mistakes or errors that can be used as the basis for a defense to the DUI charge.

Negotiation of a Plea Agreement

Nevada law prohibits a prosecutor from dismissing or reducing DUI charges in a plea agreement unless they can demonstrate to the judge that there is not enough evidence to convict a defendant. Because of that requirement, your defense attorney investigates all aspects of the case to find reasonable doubt of your guilt. That evidence is used to convince the prosecutor to consider lessening or dismissing the charge. When the defense succeeds in that mission, the prosecutor may negotiate a plea bargain that involves dismissal or a plea to a lesser offense or less severe penalties.

Success in a defense strategy depends in large part on the circumstances of the case. It also depends on your attorney’s knowledge and skill in defending DUI cases. A defense attorney with substantial experience knows the law and how to vigorously defend a DUI case. Familiarity with the local courts and prosecutors is also important in a DUI case, since local policies and practices can influence the outcome of a case.

A defense attorney also must know how to investigate a case to identify every possible weakness in the case, then negotiate effectively with the prosecutor on the defendant’s behalf. Securing a plea agreement is usually preferable to going to trial, because the outcome of a trial is never certain. Since the court usually accepts a plea deal negotiated by the prosecutor, a negotiated plea deal is a fairly certain result. Ultimately, however, the defense lawyer must have the ability to litigate the case if it goes to trial, to win the best outcome in court when necessary.

Schedule a Free Consultation With an Experienced Las Vegas DUI Attorney

If you face a DUI charge in Las Vegas, attorney Joseph Gersten is here to help. He draws on his investigative background, criminal defense experience, and extensive trial background to provide an aggressive defense in every DUI case.

The Gersten Law Firm assists clients facing any state or federal criminal charge in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.