Do You Need a Lawyer For a Las Vegas DUI Charge?
If you face a DUI charge for alcohol or drugs in Las Vegas, you may wonder if you need to get a lawyer. You can represent yourself, but is it a good decision to defend against a DUI charge without help from a DUI defense lawyer? Probably not. Nevada has some of the harshest DUI laws in the country. Any conviction — which includes a guilty plea — carries a range of criminal penalties and administrative penalties that affect your ability to drive. A conviction on your criminal record also has significant adverse impacts on your life and can affect employment, housing, and other critical aspects of living.
Avoiding a DUI Conviction
When police charge a person with DUI for drugs or alcohol, the person often assumes that being charged means they will be convicted, especially for a first DUI offense. They also assume that the penalties are set by law and are not negotiable. Neither of those assumptions is correct. Whether a DUI charge results in a conviction depends on many different factors. The penalties can vary, depending on the circumstances.
To get a conviction for any criminal charge, the prosecutor must prove all the elements of the charge beyond a reasonable doubt, using the evidence compiled by the police. A skillful DUI lawyer knows how to conduct a thorough investigation of all the evidence and all the circumstances surrounding the arrest, including police conduct and the reliability of evidence (like tests). The goal is to find weaknesses in the prosecution’s case that undermine the prosecutor’s ability to prove the case. Mitigating factors may also be discovered.
After a complete investigation and analysis, a DUI lawyer then uses the identified weaknesses and mitigating factors to negotiate with the prosecution, which could get charges reduced or even dismissed. The nature and level of penalties can also be addressed in discussions with the prosecutor.
When you get help from an experienced DUI defense attorney, it can make a significant difference in the outcome of your case. That difference can substantially change the extent to which the charge ends up affecting your life, in terms of penalties and other consequences.
Navigating the Legal Process
In addition to investigating the case to find legal and factual grounds for challenging the charge, your DUI lawyer also guides you through the complex criminal justice system, providing support and counsel every step of the way. The Las Vegas legal process and the administrative penalty process in a DUI case are complicated. Following the correct procedures in a timely manner without help from a knowledgeable attorney is extremely difficult. Your lawyer knows how to navigate every step of the legal process in a DUI case, explains the procedures to you, and helps you know what to expect throughout the process.
Equally important is your attorney’s familiarity with the local courts and officials, including the prosecutors. Understanding how the courts, judges, and individual prosecutors approach DUI cases is valuable in addressing a specific charge and negotiating with the prosecution. That local knowledge can make a difference in the outcome of your case. For example, alternative sentencing is authorized in Nevada law and may be available and beneficial in your DUI case. Your lawyer will know if it may be available and what forms of alternative sentencing may be acceptable in your case.
Benefits of Legal Representation in a DUI Case
The benefits of having a lawyer represent you in a DUI case are many. As just discussed, an attorney helps you navigate through the legal process and know what to expect as your case unfolds, as well as understand what the ultimate outcome may be.
At the same time, your lawyer thoroughly investigates all the circumstances surrounding the arrest and analyzes the evidence to identify legal and factual weaknesses in the prosecution’s case. The outcome of the investigation enables your attorney to work with you to develop a sound strategy for approaching the case and conducting plea negotiations and penalty discussions with the prosecutor.
The consequences and penalties for a DUI conviction increase substantially if there are subsequent DUI arrests and convictions. Taking every possible step to avoid getting a conviction, including retaining a lawyer, is essential to prevent adding a conviction to your record that will lead to even more serious problems in the future.
A DUI conviction will show on any background check by potential employers, landlords, and financial institutions. The record can affect your ability to retain employment or get new work. It also can influence a potential landlord in deciding whether to rent to you and affect decisions on loans and other financial transactions. Having a lawyer can help minimize these effects on your life.
You can — and should — protect yourself to the greatest extent possible from the severe implications of the DUI charge you face. Having legal representation is one of the most important decisions you can make, both in terms of the outcome of the DUI case and in terms of your future.
Schedule a Free Consultation With an Experienced Las Vegas DUI Attorney
If you face a drugged driving or drunk driving charge in Las Vegas, attorney Joseph Gersten is here to help. His investigative background, trial experience, and criminal defense focus significantly benefit anyone facing a DUI or DUID charge.
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.
