Common Facts that are Used When Defending DUI Charges

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

A person can be charged of a Driving under the influence (DUI) offense if he went above the legal limit of the Blood alcohol content (BAC) which is 0.08. DUI cases are common in Las Vegas – especially that there are numerous night clubs and hangout places in this popular city. The good thing is that a DUI case has to go through several procedures before a driver can be convicted. Here are some facts that a DWI lawyer will most likely use when defending DUI charges:

Any evidence obtained when the driver is illegally pulled over can be inadmissible to court.

A vehicle could only be stopped by an officer if there is a reasonable reason for stopping it such as traffic violations. One must violate a law first before an officer can actually ask him to pull over. Keep in mind that it is not a violation if a driver weaves inside his lane. It would be considered a violation if the driver crossed the line while weaving.

A driver could claim the inaccuracy of any tests taken.

Certain medical conditions, allergies, injuries or medications can be used for defense if verified. These conditions could also affect the accuracy of a test. An officer could assume that a driver is driving under the influence if the driver shows physical signs of being impaired such as mumbling, bloodshot eyes, or if his breath smells like that of an alcohol. If the driver provided a rightful explanation for those manifestations, any sobriety, breathalyzer or blood tests could possibly be ruled out of court. For instance, acid reflux and heartburn could affect the results of a breathalyzer.

Failure to Mirandize the driver could get the DUI case thrown out.

The Miranda warning is created to protect the rights of people from being questioned by the police. It is simply stating one’s rights before actually arresting him/her.

Test samples cannot be obtained out of the willingness of the driver.

Illegally obtained samples such as blood is considered invalid in court. Test samples for breath and blood tests should be properly requested by the officer. Blood and breathalyzer tests that were administered under duress could be considered as illegally obtained.

There are only three standard field sobriety tests.

These are the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT) and One-Leg Stand (OLS). The driver would only take breath and blood tests if they failed the field sobriety tests. Other field sobriety tests besides HGN, WAT and OLS are invalid.

Here`s what an actual Field Sobriety Test really is not! Enjoy!

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