4.25.2013

Three Ways To Avoid (Or Suffer) A DUI

Written by: The Law Offices of Garrett T. Ogata

A DUI charge comes with immediate and long term effects, most notably heavy fines and suspension of license. In Nevada, there are three ways for a DUI defense lawyer to approach the charge, and if the prosecution cannot prove all three instances, DUI charges may be dropped or downgraded to a lesser offense. The most common way of being charged with a DUI revolves around the arresting officerโ€™s account of the incident, including the results of the field sobriety test if one was issued. If a police officer can prove erratic driving or disorderly conduct, it is unlikely that DUI charges will be dropped.


A drunk driving arrest can also be made by proving the driver had a BAC of .08% or higher. If the test was properly administered, a BAC of .08 or higher will always result in a DUI charge. Las Vegas DUI defense lawyers are not magicians, and the only way to truly avoid a DUI charge is to drink responsibly and drive safely. The third and way a DUI case must be proven is chemical evidence. Outside of alcohol, there are a number of prohibited substances that can result in a DUI, including marijuana, LSD, cocaine and heroin. A criminal defense lawyer may be able to help if the operator has a medical marijuana license, but most banned substances will result in automatic suspension of license. Unless all three elements are proven beyond a reasonable doubt, a defendant can earn a not guilty verdict and the DUI charge will be dropped.

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