Debunking Myths About Marijuana DUI and DWIs in Nevada
DWIs and DUIs in Nevada are taken very seriously by judges. Keeping the roadways safe is a top priority. Drivers know that if convicted they will have their license suspended, pay heavy fines, go to jail, or do community service, and be sentenced to mandatory alcohol awareness classes. That’s just for the first offense. Even with these consequences looming over their head many motorists still get behind the wheel after consuming drugs, or too much alcohol.
Nobody leaves a party, or a bar, with the intention of getting arrested for a DWI or DUI in Nevada. Yet, it happens every day and it happens because many of these people are misinformed about DWIs and DUIs. So before you get behind the wheel intoxicated, here are a few facts to set the record straight:
1. You Have to be Behind the Wheel to Get Arrested for a DWI or DUI in Nevada:
If a Nevada police officer has spotted you acting drunk or can identify that you are intoxicated, and you have recently been driving, or you are in a parked vehicle with the keys in the ignition, you can be arrested for DUI. In fact, enactment of legislation in Nevada allows the prosecution and conviction of drivers whose blood tests are over the legal limit not only at the time they were driving, but also for a period of up to two hours after driving. Many motorists think they can sleep off their intoxication in a car. Even if you are in the driver seat in a parked car with the keys in the ignition, you can still be arrested for a DUI in Nevada. It’s best to find a safe place inside a building or a friend’s home to wait; don’t turn on the radio and heater in your car and sleep it off.
2. Refusing to Blow into a Breathalyzer Will Keep You Out of Jail:
You can refuse to blow in the breathalyzer, but in the state of Nevada it will almost always get you arrested. Keeping silent, or demanding to see your lawyer, will also not keep you from the back of a police cruiser. In fact, you can’t speak to your lawyer until after you’ve completed the evidentiary test and have been booked in jail. Even if refuse the breathalyzer, there is also a blood test that can be court ordered and administered to determine your blood alcohol level or marijuana intoxication.
3. You are Automatically Guilty if You’ve Been Arrested for a DWI, or DUI in Nevada:
Even if you have blown into a breathalyzer or failed a field sobriety test and were arrested on DUI, you are not proven guilty until your case has gone to court and either a plea is entered or you’re found guilty at trial. There are many factors that go into proving a defendant’s guilt. A good DUI lawyer can prove that in some instances the traffic stop was unlawful and the officer had no right to pull you over. In other cases, the breathalyzer machine may not have been calibrated correctly or the test was not done in time. This is one of the first things a DUI lawyer will check. Field sobriety test results are completely left up to the officer’s discretion and he, or she, could have inaccurately assessed the situation. A good DUI lawyer will always check for video footage of these tests.
4. You Can Defend Yourself Against a DWI, or DUI in Nevada:
You are well within your rights to represent yourself. However, it is very unlikely that you will be able to get your case thrown out, or reduced, without the assistance of a proven DUI lawyer. Anyone representing themselves are held to the same standards as a lawyer. Even though a first offense DUI is treated as a misdemeanor, there are still heavy fines, driving suspensions, and possible jail time associated with a conviction. A good DUI lawyer will fight for your rights and do everything within the legal limit of the law to help you beat your case or get it reduced. This is something that is very difficult to do without the proper education.
5. Nevada Police Have No Way of Checking If You are Under the Influence of Marijuana:
There are several tests that the police have been trained to administer to determine if you have been smoking marijuana. Physical Coordination Tests including balance, walking, and eye movement tests. If the police are uncertain about the results of these tests, then they can call in a drug recognition expert. This officer is trained to administer more extensive tests to include blood pressure, temperature, heart rate, pupil dilation, and examining the mouth and saliva.
6. You Can Not be Convicted of a Marijuana DUI if You Haven’t Used That Day:
This is unfortunately false. Marijuana, unlike alcohol, stays in your system for a long time. Therefore, you could be over the legal limit of THC in your system even through you haven’t smoked, or ingested any that day. However, a good DUI lawyer will use the fact that you were not “high” or impaired at the time of driving to challenge the probable cause of the marijuana DWI arrest.
Contact Jesse Kalter Law if You Have Been Arrested for a Marijuana DWI or DUI in Nevada
Getting arrested for a DUI in Nevada is a difficult and stressful situation. If you have been accused of this crime, then you need the aggressive and knowledgeable assistance of a proven DUI lawyer. Jesse Kalter has had countless DUI cases dismissed or reduced due to his tenacious pursuit of justice. You need to act fast if you want to keep your license and continue you on with your life. Jesse Kalter is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County and all other Northern NV rural counties
A Marijuana DUI or DWI in Nevada Needs an Experienced DUI Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
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