Avoiding a DUI Conviction is Possible, Even After a New DUI Arrest
2020 was a difficult year for a lot of Nevadans. Some lost their jobs, others lost their homes, and some lost loved ones. When New Year’s Eve came, everyone was ready to leave 2020 behind. While the festivities were relatively peaceful, police across Nevada have reported multiple DUI arrests since then.
Starting 2021 with a DUI conviction will make rebounding from the pandemic very difficult. A DUI conviction inhibits a person’s ability to work, by taking away their license and requiring regular check-ins or classes. There are also fines which must be paid and can put people further behind financially. Of course, there is also the possibility of jail time as well.
Alternatives to a DUI Conviction
A DUI conviction is just one possible outcome of a DUI arrest. However, during the case there are several possibilities that can be explored to help avoid a DUI conviction.
Reduction in Charges
Negotiations can take place before a trial between the prosecutor and defense attorney. Behind closed doors, strengths and weaknesses of the case are analyzed and information is exchanged which could lead to a reduction in charges. The prosecutor may decide to reduce the charge to reckless driving or another lesser traffic charge.
If the prosecutor can’t prove that a person was intoxicated behind the wheel of a vehicle on a public roadway, then the charge could be dismissed. Judges could also throw out a case if the evidence has been tampered with.
Take the Case to Trial and Win
There are multiple defenses for a DUI that can be discussed with a DUI lawyer. A solid defense can be assembled with witnesses, experts, and/or evidence. When presented at trial by an experienced DUI trial lawyer, they can return a not-guilty verdict.
Possible Defense for a DUI Arrest
The Police Improperly Stopped Someone
The fourth amendment requires that the police have a valid reason to pull you over. The officer must prove probable cause to make the stop. A DUI checkpoint or roadblock are exceptions to probable cause requirements.
Police Administered the Field Sobriety Test Improperly
Most police officers will use the horizontal gaze nystagmus (HGN) test. In this test, a police officer will use a penlight and shine it into your eyes to detect involuntary eye movements. If a lawyer can prove that the officer is not an expert in the HGN test, or they have not been properly trained, the evidence could be discredited.
Breathalyzer Test Provided Inaccurate Results
A breathalyzer takes many chemical factors into account when establishing someone’s blood alcohol content. There are extraneous factors, such as vomiting, indigestion, and residual “mouth alcohol,” that can affect the test. An expreienced DUI lawyer can investigate if the test was properly calibrated and performed.
Blood Test Did Not Follow Proper Protocols or the Chain of Custody Requirements
There is a very strict set of protocols for administering a blood test and transferring it for testing for a DUI in Nevada. Blood results can be considered tainted and inadmissible if these protocols are not followed.
Evidentiary Test was Not Performed in Time
For there to be a per se presumption of DUI, the blood or breath test must be administered within two hours of the driver being in actual physical control of the vehicle.
If a person unknowingly drank alcohol, like a “spiked punch bowl” at a party or had a drug slipped into their drink, then there may be grounds for an acquittal.
Jesse Kalter Fights for Your Freedom from DUI Convictions
Facing a DUI charge is a difficult and stressful time in any person’s life. Even if you know all the options for avoiding a DUI conviction, it is still not a good idea to represent yourself in court. The procedures involved in checking evidence takes the knowledge of an experienced DUI attorney. Jesse Kalter has gotten countless DUI charges reduced or dismissed. His tenacious pursuit of justice has earned the freedom of thousands of Nevadans. He is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Start the New Year Off Right by Avoiding a DUI Conviction
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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