2.11.2014

Your Defense Options after Being Arrested for a DUI

Written by: The Law Offices of Garrett T. Ogata

If you had to pick an offense that would be very difficult to fight in court, the drunk driving arrest charge would be a frontrunner. The fact is, Nevada isn’t very forgiving about being caught driving under the influence, and neither is any other state. Ask a local Las Vegas DUI attorney to explain, and they would probably give you the blood alcohol content legal limit as a reason. Unlike other crimes, the DUI is easy to prosecute, because it combines the testimony of an arresting officer with highly conclusive evidence in the form of chemical tests that measure your blood alcohol content. If you were above a .08, they win.

Fortunately, it’s not quite that cut and dried, even though it’s close. There are still some defenses left to consider. If you’re a small woman, you might have a justifiable defense that the breathalyzer just wasn’t designed for small lungs like yours. If you have a chronic health problem or disorder that could cause you to fail a field sobriety test, like reciting the alphabet backwards, this could be a medical defense that helps you in court. Other likely medical defense strategies a Las Vegas DUI attorney might use include dentistry work, menstruation or temporary illness. The purpose is to call into doubt the accuracy of the test findings. If you can do this, you just might be able to overcome that DUI charge. It all starts with a good DUI attorney in Las Vegas.

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