Possible Defenses for a DUI in Nevada
Just because a person is charged with a DUI does not mean they are guilty. There are several defenses that can be presented to get the case dismissed or reduced. While a person can represent themselves, to get the best possible outcome, it is highly recommended to consult with an experienced DUI attorney to avoid harsh DUI penalties.
Possible Defenses for a DUI Explained
No Probable Cause
The prosecution will have to prove there was probable cause to pull over the driver. This can include swerving, disregarding other traffic laws, expired registration, or a burned-out taillight. The exception to the probable cause rule is if the person was stopped as part of a DUI checkpoint because they are not being singled out.
Faulty Testing Equipment or Officer Error
Police use a DUI breath testing machine called the Intoxilyzer 8000. It is designed to measure alcohol in deep lung tissue. However, if the machine is not regularly calibrated, it can give a false reading. If the officer fails to follow strict testing protocols, including eliminating the possibility of “mouth alcohol” being mixed into the machine reading, the test result can be inaccurate. This type of DUI defense leads to reasonable doubt in the test equipment’s accuracy.
Margin of Error of the Test Results
The horizontal gaze nystagmus, the one-leg stand, and the walk and turn are the only three field sobriety tests to show any correlation between performance and alcohol impairment. The National Highway Transportation Safety Administration indicates that the one leg stand suffers from a 35% error rate and the walk and turn from a 32% error rate. Considering this, a DUI attorney could argue that these tests hold too high of a degree of error to be considered reliable in the analysis of probable cause for arrest. Additionally, both the Intoxilyzer 8000 and a blood test have a small margin of error. If the test is just over a .08, the margin of error can create reasonable doubt.
Not on a Public Roadway
If the alleged operation of the vehicle did not happen on a public roadway or a location where the public has access, then there is a defense to a DUI.
Last Gulp Defense
If the person consumes enough alcohol after driving or being in actual physical control of the vehicle to read over a .08, then there is a defense available to the DUI.
No Actual Physical Control of the Vehicle
If the person wasn’t behind the wheel, or the vehicle was not running and the keys were not in the ignition, the prosecutor will not be able to establish the person had actual physical control of the vehicle.
Jesse Kalter Law Has Successfully Presented These Defenses for a DUI
A person needs to act fast to stay out of jail and keep their license. Getting in touch with a DUI attorney is crucial to the outcome of your case. Jesse Kalter Law has handled thousands of DUI cases. The firm's attorneys are effective and aggressive DUI defense lawyers ready to protect your freedom. They have presented these types of DUI defenses and others and had numerous DUI cases dismissed or reduced. Jesse Kalter Law is available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Don’t Take a Chance Presenting Defenses for a DUI Without a Proven Lawyer
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