Las Vegas DUI Defense Attorneys
DUI cases in Las Vegas, North Las Vegas and Henderson are relentlessly pursued by the District Attorney's office. Hence, it is essential that you hire an experienced Las Vegas DUI lawyer. In order to increase your chances of beating your DUI charge, your lawyer must understand the complexity of DUI law in Nevada. Potential defenses in a Las Vegas drunk driving case are almost limitless due to the complexities of the offense. However, the majority can be broken down into the following areas:
Defenses To A DUI In Nevada
- Driving. In Nevada, intoxication is not enough. The prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle.
- Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain and (c) arrest. Sobriety roadblocks present particularly complex issues.
- Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.
- Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, in some states (including Nevada) this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample.
- "Under the influence." The officer's observations and opinions as to intoxication can be questioned - the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing." Also, witnesses can testify that you appeared to be sober.
- Blood alcohol concentration. There exists a wide range of potential problems with blood and breath "nonspecific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol. And breath machines assume a 2100-to-1 ratio in converting alcohol in the breath into alcohol in the blood; in fact, this ratio varies widely from person to person (and within a person from one moment to another). Radio frequency interference can result in inaccurate readings. These and other defects in analysis can be brought out in cross-examination of the state's expert witness and/or the defense can hire its own forensic chemist.
- Testing during the absorptive phase. The blood, breath or urine test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours for complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.
- Retrograde extrapolation. This refers to the requirement that the BAC be "related back" in time from the test to the driving. Again, a number of complex physiological problems are involved here.
- Regulation of blood alcohol testing. The prosecution must prove that the blood, breath or urine test complied with state requirements as to calibration, maintenance, etc.
- License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's Department of Motor Vehicles.
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If someone is charged with an impaired driving offense (DUI), he or she may preserve the above defenses by hiring a qualified Las Vegas DUI defense lawyer. Our Nevada lawyers realistically look at what happened in your case and form a strategy based on the strengths and weaknesses.
We aggressively defend Las Vegas DUI charges both in court and at DMV hearings, by strategizing with clients to develop an effective defense. We want to know why the police stopped your car, how well you performed on the field sobriety tests, whether the officer completed a 15-minute observation period prior to the breath test, and if the machine had any history of malfunction.
We specialize in developing a defense to DUI charges relying on the Breathalyzer breath test or a blood test by utilizing the science behind blood alcohol evidence. Our Nevada law firm's aggressive courtroom approach leads to charges being dropped or reduced when we can demonstrate that a traffic stop lacked sufficient legal cause, the Breathalyzer machine malfunctioned, the alcohol absorption was insufficient, or other problems of proof exist such as the improper collection or preservation of blood after a DUI arrest.
Time Is Ticking Away 4-3-2-1-0
As you can see, there are numerous issues that the DUI lawyers at The Law Offices of Parviz A. Heshmati must evaluate. The more time that goes by in a DUI case without protection from a qualified Las Vegas DUI defense attorney, the harder it may be to secure the best possible results. The Law Offices of Parviz A. Heshmati provides DUI defense representation for residents and tourists who receive DUI charges throughout Clark County Nevada, including Las Vegas, Henderson and North Las Vegas. Don't wait. Contact us today at 702-432-1000. We offer free consultations. Hablamos español.
