Category Archives: dui las vegas

How Do DUI Schools in Las Vegas Work?

People facing a DUI charge can expect a variety of penalties and fees to deal with after a conviction, depending on the level of their DUI charge and if they have been convicted before. While in many cases a DUI defendant may face prison time or community service, there are cases where the defendant has to serve time in a different way. The most common alternative sentence for many DUI offenders is attendance at a DUI school.

DUI classes are part of the general corrective system for drunk drivers across the country, coming about because of the high fatalities caused by DUI annually. They were designed to help convicted DUI offenders recover from their drunk driving tendencies and avoid similar convictions in the future. If you are a facing a possible DUI conviction in Las Vegas for the first time, now is a good time to learn how DUI schools work.

What are DUI Schools?

As stated earlier, DUI schools were established to assist DUI offenders to turn themselves around, removing their drunk driving tendencies and going back to being regular vehicle owners. They are institutions that provide a step-by-step course for offenders to gradually deal, and eventually do away, with their habits of driving while intoxicated.

DUI classes are arranged according to the level of the DUI offender’s conviction. Sessions can last for as short as a eight days to as long as several weeks, depending on the circumstances of the conviction and other factors. These classes include a in-depth study of DUI and DUI statistics, listening to stories from previous and current DUI offenders, and probably get involved in random Q-and-A’s. More intensive sessions can also involve random alcohol and drug tests to ensure that the attendants are working on their drinking issues. Attendance is mandatory, and failure to report can come with additional consequences.

How Classes Go

Las Vegas DUI schools aren’t schools per se; you don’t have to attend grueling day-long classes (although those with more severe DUI convictions may have longer session periods). Instead, they are more akin to seminars that tackle various aspects of DUI, driver and pedestrian safety, and rehabilitation. The aim is for the attendee to understand the implications of drunk driving on themselves and other people, as well as ways to deal and eventually eliminate this habit.

These institutions are staffed by professionals with extensive experience in dealing with recovering drunk drivers. There are also medical professionals who handle the regular blood tests for attendees, and provide seminars regarding the medical implications of drunk driving. In many cases, represantatives from Alcoholics Anonymous and Narcotics Anonymous also take part in lectures and round-table discussions to help attendees along.

The Las Vegas DUI School System

Like many states across the country, Nevada has its own selection of DUI schools throughout its cities and towns. These range from smaller locations that provide short-term sessions for first-time offenders, to more comprehensive centers that handle everything from classroom-style learning to regular blood alcohol tests. In the past, offenders had to attend to these lessons personally, but the advent of technology has allowed offenders to attend DUI classes online.

On top of the regular Las Vegas  DUI school sessions, defendants found to have a BAC of over 0.18% at the time of arrest will be required by the court to attend a Coroner’s DUI program, hosted by the Clark County Coroner’s Office. These sessions involve showing post-mortem analysis of drunk driving fatalities, which include the driver and any other person involved in such accidents. The idea is that seeing the gruesome and fatal effects of drunk driving can help DUI offenders reform and stay away from the bottle. Unlike regular DUI school, most Coroner’s DUI sessions require personal attendance.

Take note that, despite being court-mandated, Las Vegas DUI school classes are not paid for by the State. the DUI offender has to pay out of his own pocket for the entire program, which may include additional fees depending on the factors of his crime. He will also have to arrange the schedule that he will have to follow, submitting it later to the authorities so they can monitor his progress.

 

Dealing with drunk drivers through an educational program is one of the more effective and personal ways to prevent people convicted with DUI to be repeat offenders in the future. It also offers an alternative for some offenders to lessen their penalties and avoid longer prison time. Consult with your DUI lawyer about the other benefits and responsibilities of attending a DUI school in Las Vegas.

Should You Agree to Plea Deal for a DUI Charge in Las Vegas?

DUI charges are some of the most common–and arguably, most difficult–criminal cases one can face in Las Vegas. Even early DUI convictions can have severe penalties that can affect a person’s livelihood and future. Things just escalate from there, and when the situation reaches a felony level, there may be no returning to normal.

In some situations, even a veteran DUI lawyer cannot attain a total acquittal for a DUI charge. When such a case arises, you may be given the chance to enter into a plea bargaining deal with the courts regarding your charge. Plea deals offer you with a variety of pros and cons that can weigh on how your case fares in the future; as such, the defendant should weigh their options before agreeing to any deal.

First and Foremost, What is a Plea Deal?

Before a defendant decides on whether to agree or not to a plea deal, he or she must first understand what a plea deal is and how it works. In brief, a plea deal is an agreement between the prosecution and the defense where the defense will either plead guilty or file a motion of no contest (the so called nolo contendere plea) in exchange for concessions from the prosecution regarding their charge. These concessions may include a reduction to their prison sentence, the dropping of other charges that the defendant may be facing simultaneously, or the waivering of other penalties like fines to the state or suspension of professional licenses.

Plea bargains offer defendants with a chance to avoid the more severe consequences of a criminal conviction, which may include extended prison sentences, exorbitant fees, and other heavy punishments that would they would otherwise have to undergo. On the other hand, accepting a plea deal means that the defendant is admitting that they are guilty of the charge being directed at them, whether or not they really are guilty of the crime. Accepting plea bargains come with their own risks in the long run, which is why many defense lawyers suggest them only as a last resort.

Weighing the Ayes and the Nays

DUI charges, like many other crimes, come in various levels depending on the severity of the alleged crime and how many times someone has been charged or convicted of drunk driving in Las Vegas. Once a DUI charge reaches a felony level, it can be hard to achieve an acquittal because of the previous convictions that the defendant has received. Conversely, a person facing a Las Vegas DUI charge for the first time may find it troublesome to be called to court and would prefer if they can expedite the process while not getting any severe repercussions from it.

On one end, a DUI plea bargain streamlines the legal process, reduces the possible penalties one can face, and provides the defendant with a better chance of returning to their normal lives. This works best for both first-time defendants who can afford to provide some concessions to the courts and for those facing more severe charges who would otherwise spend a lot more money and time than they would be able to afford. On the other hand, they will have to deal with the fact that accepting a plea bargain means that accepting guilt for the DUI. Even with the concessions, a plea deal does not automatically protect the defendant against other penalties, and they still have a conviction in their legal record. There are also other concessions that they might have to give into in order to receive a more lenient sentence, but these concessions might not be to their advantage in the end.

In Conclusion

Plea deals are a good way to deal with criminal hearings in an expedient and fluid way. Generally it benefits all parties involved; courts will have less work to process and can proceed to hear other cases, prosecutors can close the case on a positive note, and defendants can avoid greater penalties although at the cost of some concessions. Of course, all involved parties have to compromise in order to reach an agreement that all involved can work with, and the long-term consequences can be detrimental to the defendant.

Before accepting a plea deal for your DUI charge in Las Vegas, you need to weigh your options. Consider what the long-term effects would be, see if there is a means to expediently deal with any immediate issues that will come up once the case has been decided (like requesting for records sealing and the like), and checking what set of concessions they can work with once the sentence has been handed down. In all these dealings, the defendant must coordinate closely with their defense attorney because he or she has a better understanding of how plea deals work. Close coordination with the defense attorney is a requirement before, during, and after the plea deal process.

 

Plea deals for DUI charges in Nevada come with both their benefits and setbacks. Knowing when to consider accepting a plea bargain must come only after a long and hard period of deliberation. Consult closely with your criminal defense attorney before accepting any DUI plea deals in Las Vegas.

How did the Coronavirus Lockdown Affect DUI Cases?

The world is still reeling from the effects of the global virus pandemic that was felt for around three months. Both the public and the private sectors were disrupted severely; government services were heavily curtailed, public transport was limited, shops and markets reduced hours or were forced to close down temporarily, entertainment centers and amusement spots were shut down, and many workers were forced to work at home or be temporarily laid off.

 

Surprisingly, even in this time of crisis when everyone is expected to pull their weight, there are still instances of people committing crimes. Theft, domestic violence, and digital fraud were just some of the frequently-reported incidents that were committed over the past weeks. With all these developments, it can be interesting to see how the pandemic has affected incidents of DUI today.

 

The Situation at A Glance

It is usually the expectation that an increase in theft or violent crimes can be expected after a major disaster. However, the global pandemic was such an unprecedented event that law enforcement and legal professionals did not know what to expect afterwards. There is no established yardstick to compare things to, especially because of the unique circumstances of the 21st century that must be taken into account.

As such, it comes as no surprise that the DUI statistics across most of the country is all over the place. Parts of California saw a steep decline in drunk driving-related incidents, as did South Carolina. On the other hand, Colorado and Washington, DC reported a significant increase in their DUI arrests even during the height of the pandemic’s stay-at-home phase. Several factors contributed to these numbers, including people blatantly ignoring stay-at-home orders and car owners taking advantage of time slots allocated for grocery runs to sneak a few drinks in.

 

Has It Affected Las Vegas?

Las Vegas in itself was pretty badly hit by the lockdowns, with many popular establishments closed for several weeks and the city’s primary sources of income going dormant or switching to staggered work hours to minimize the risk of infection between patrons and workers. Nonetheless, the city did not put a totally strict moratorium on what people can purchase, which means that locals are still free to obtain alcohol from convenience stores.

 

It is quite concerning that the instances of DUI arrests and suspected DUI reports rose during this period; despite Cinco de Mayo being covered by the lockdown, highway patrolmen reported several traffic stops concerning inebriated drivers in Las Vegas streets. What’s even more concerning is that police data reported an increase in DUI cases compared to the same period last year, which means that the pandemic may have even contributed for further incidents of drunk driving. Local law enforcement suspects that the lower volume of traffic led to some motorists to go overboard, resulting in the increase.

 

A Case Study for the DUI Lawyer

The pandemic’s effect on crime and criminal law has piqued the interest of legal experts and law enforcement all over the country. The circumstances brought about by extended isolation periods, a lack of contact with other people, remote working and increased access to the internet, and the long-term pyschological effects of the entire situation on the people can be goo reference points for future discussions regarding implementing the law and enacting justice during a time of a major emergency or great social upheaval.

 

DUI defense attorneys in particular will be concerned about possible revisions to drunk driving laws to accomodate conditions like reduced vehicle traffic or breaking emergency alcohol moratoriums.They will also be concerned about how national emergencies like this pandemic can affect how long a DUI trial will be heard, or even if their client’s DUI case will be deliberated upon during such situations. Handling a drunk driving case during the height of major calamities can open new paths for attorneys who are trying to stay abreast of new developments.

 

It is disheartening to know that, even in this time of crisis, people are still being booked for DUI, in Las Vegas and elsewhere. Nonetheless, defense lawyers should use this as a lesson to better understand how to work with clients when working in such unique conditions.

The Effects of DUI to Car Insurance Rates in Nevada

dui-car-insurance

Many are unaware that aside from jail times, fines, and attendance to intervention programs, offenders of DUI (Driving under the Influence) could also face the costly consequence of rising car insurance rates in Nevada. Proceed reading below this post to learn more.

The SR-22 car insurance in Nevada

If convicted of Nevada DUI, the DMV or Department of Motor Vehicles in the State will revoke your license and you must wait the set time to pass before you can apply for its reinstatement. One of the key requirements of a reinstatement is an SR-22. This is a document that must be issued by your car insurance company that shows you have enough financial stability to get back on the road.

If without a current car insurance in Nevada, you must immediately get one as there is a holding period of three years where you must keep your car insurance to keep your driver’s license valid.

The rise of car insurance rates

Due to Nevada DUI, car insurance companies will now treat you as a “high-risk driver”, especially if you have been charged of the very offense many times. This brand means more expensive car insurance rates.

In Nevada, the average car insurance rate in Nevada is $1,809.91 per year and if convicted of DUI, there will be a boost of $855, making your average rate $2,756.44 per year. This is only a general rule, though, as depending on the magnitude of your case, the rates you need to pay might increase 50 to 200%.

You must know that there are some car insurance companies in Nevada that might drop your coverage at the time of DUI while some may not accept you if you try to apply for a new one. The ones that will keep your coverage will typically increase the fees for your premium plans as we have previously stated.

The defenses against Nevada DUI

One of the best solutions against rising car insurance rates is not committing Nevada DUI in the first place. A responsible driver gets to expend their driving privileges without the fear of being pulled over and losing their driver’s license in a single driving session. If it is too late to be a responsible driver in the present time then you must use the following defenses so you can be acquitted and actually try to be responsible the next time.

  • Your blood alcohol concentration (BAC) level did not exceed the limit
  • Inexpertly administered field sobriety tests
  • You were drunk driving out of coercion or duress
  • Certain factors heightened your BAC level

Being convicted of DUI really is full of downsides which is why we recommend having a dependable DUI attorney in Las Vegas to handle your charges. You do not have to take on increased car insurance in Nevada if you are with a competent legal representation!

Driver’s License Revocation in Nevada Depending on DUI Offense

Driver's License Revocation in Nevada - Nevada DUI

Since DUI (Driving under the Influence) constitutes control of a vehicle, it is only proper that someone loses the right to drive after committing the said offense. It does not have to be this way for you, though. If you are facing the risk of losing your driver’s license in Nevada because of increased blood alcohol content or BAC level, here are some information that you need to know.

 

What happens during a driver’s license revocation?

When your driver’s license in Nevada is revoked, you cannot get behind a steering wheel and navigate any roads in the State that the public has access to. A license revocation is not under the matters of the court but under DMV (Department of Motor Vehicles) and they will set a guideline that you should follow if you want your suspended license in Nevada to be reinstated.

 

How long is a driver’s license revocation period per offense?

A first DUI conviction warrants a 90-day license revocation period along with an alcohol treatment program and a Victim Impact Panel to help you understand further the dangers of driving while intoxicated.

 

A second DUI, on other hand, should entail a year of driver’s license revocation. This, too, could be complemented by a substance abuse treatment program and the car registration itself could be suspended.

 

Now, a third DUI conviction which is a category B felony, holds three years of revocation period. Car registration could also be put on hold and there would be alcohol and drug treatment programs.

 

All of these convictions could also include installation of breath interlock device in your car depending on the judge’s discretion. Understand that trying to drive while still under revocation is punishable by additional license revocation period, fines, jail times, and an even more difficult reinstating procedure.

 

What are the remedies for revocation of a driver’s license in Nevada?

As stated above, the revocation of a driver’s license in Nevada is under DMV (Department of Motor Vehicles) and you will have to process your affairs regarding the license on the sector and not in court.

 

Unbeknown to many, a suspended license in Nevada is not automatically reinstated after the time of its revocation. To reinstate a driver’s license, the duration set by the court must be completed and you must go to the DMV in Nevada with the right requirements such as a Certificate of Compliance, an SR-22 insurance, and enough money to pay reinstatement fees.

 

When you are acquitted for charges of DUI, your driver’s license could be reinstated by the DMV automatically. This is not always the case: if the DMV believes a license suspension is just, they could still carry on with it. The same applies to DUI being reduced to reckless driving and a district attorney not filing a case in court.

 

Driving is one of the privileges you cannot afford to lose. Get the aid of a Las Vegas DUI attorney to protect your driver’s license in Nevada and be ultimately acquitted of a DUI offense you did not commit!

Is Vehicular Manslaughter Involuntary or Voluntary?

vehicular manslaughter

Killing a person with a vehicle could be a vehicular manslaughter in Nevada. And many believe that because the crime has the word manslaughter on it, it means that it can be either an involuntary or voluntary Nevada manslaughter with many leaning towards involuntary as it holds milder penalties. However, this is not exactly the case. Vehicular manslaughter in Nevada is set apart from these types of manslaughter and it is definitely different from a vehicular homicide. Here is a post that should help you understand better.

 

Is there a difference between vehicular homicide and vehicular manslaughter?

Yes. Vehicular homicide, according to Nevada Revised Statutes (NRS) section 484C.130, is committed when the person driving or in actual physical control of a vehicle is:

  • under the influence of liquor which is proven by a 0.08 blood and breath concentration level
  • under the influence of controlled substances
  • already convicted of at least three related offenses
  • the cause of death another person on or off the highways of Nevada

 

Basically, a vehicular homicide is what happens when there are aggravating factors to a vehicular manslaughter in Nevada which is the killing of a person caused by a vehicle collision or something similar.

 

Is vehicular manslaughter in Nevada an involuntary manslaughter?

As stated in NRS 200.040, vehicular manslaughter is not included in either an involuntary or voluntary Nevada manslaughter.

 

This means a defendant could not argue that the vehicular manslaughter was accidental or for this matter, voluntary. Vehicular manslaughter in Nevada is simply the murder of a person caused by negligence. A misdemeanor charge should be imposed on you if found guilty of vehicular manslaughter and this indicates up to six months in jail, fines of $1,000, and a license revocation of at least a year.

 

Typically, deaths caused by vehicles are accidents but they are still the result of a negligent action which is enough to make it a punishable offense. Defend yourself from the consequences of vehicular manslaughter or any type of manslaughter in Nevada with the assistance of a Las Vegas criminal defense attorney!

What is Evidentiary Breath Testing for DUI in Nevada?

As all of the states, Nevada requires evidentiary breath testing for anyone who is arrested for Driving Under the Influence (DUI) in all of its territories. But what really is evidentiary breath testing? How does it differ from other breath tests (or chemical tests)? And can you refuse them? Proceed to read the rest of the post for further information.

 

Purpose of evidentiary breath testing

From its name, the results of evidentiary breath testing are used as evidence once the case goes into trial. This is different from a preliminary breath testing which is performed when a person is pulled over, an evidentiary breath testing is usually done once under custody and through procedures that guarantee more accurate results. For the defendants that are also suspected to be high on drugs, they are also required to have an evidentiary blood testing.

 

The results of these tests can be used by the prosecutor to either press the defendant more to the charges or not go ahead with the case. It also is a basis of whether the Department of Motor Vehicles or DMV in Nevada will suspend the driver’s license of the alleged offender or not.

 

Penalties of refusal to evidentiary breath testing

As we have established, an evidentiary breath testing is vital for the legal proceedings to be completed. Total refusal to this is a violation of law. As according to the Implied Consent Law in Nevada which can be seen in the Nevada Revised Statutes or NRS 484C.160, anyone who drives or has a physical control of a vehicle “shall be deemed to have given his or her consent to an evidentiary test of his or her blood, urine, breath or other bodily substance…”.

 

Know that through this Implied Consent Law, a police officer could use force against the alleged offender. However, before this happens, they must warn them of the consequences such as the following penalties:

  • One-year suspension of driver’s license – this is when the defendant has not refused any chemical tests within seven years
  • Three-year suspension of driver’s license – this can be imposed if the driver already had his or her license suspended due to refusal to evidentiary breath testing within seven years

 

Due to inexperience with how DUI cases work and the confusion caused by the arrest, many defendants make the mistake of refusing an evidentiary breath testing. If you are one of them and you believe that you are falsely accused or not guilty of any charges at all then it is best you have a trusted DUI lawyer by your side.

Treatment Programs for DUI Offenders in Nevada

When someone is charged with a Driving Under the Influence (DUI) in Las Vegas and/or in other parts of Nevada, they do not only get consequences of prison time or fines: a DUI treatment program (or attending a DUI school) is mandated by the court. This is to prevent offenders from doing the same thing again by educating them more about DUI and the threats it could pose both in their and other people’s lives. DUI treatment programs can also vary depending on the frequency of the offense. To learn more, read below.

 

First and second DUI in Nevada

A defendant against DUI can apply for a treatment program even before the sentencing. For a first time defender, one can only be eligible if they had been verified as an alcohol or drug abuser by a physician (for this matter it’s a physician authorized by the law enforcement), they already spent at least 24 hours in jail for the offense, and they have agreed to shoulder the payment for the treatment. This goes as well for a second DUI in Nevada; the only difference is you need to had served at least five days in jail.

 

Take note that these treatment programs take time to complete, usually they are three to six months in length which will surely disrupt your daily routine.

 

Third DUI offense

DUI treatment programs are not available for third DUI offenders due to the fact that the accused is ought to stay for a long time in prison when convicted and because they will attend heftier programs such as a Nevada Victim Impact panel.

 

There are numerous DUI schools in Nevada that criminal justice attorneys can recommend. It is imperative that you be present in all of your classes as not going or not finishing a DUI treatment program can mean another set of charges. Now, completing your designated DUI treatment programs entails reducing of penalties.

 

Penalties for DUI in Nevada is imposed not just to punish offenders but also to remind them about the real dangers of DUI that they forget whenever they start drinking or ingesting drugs.

 

If you ever commit charges of DUI again even after a lengthy DUI treatment program then maybe there really is an inward problem that you need to deal with. However, if you firmly believe that you were falsely accused and you already have learned your ways (thanks to the treatment program), then enlist a DUI lawyer to help solve your case.

The Penalties for a Commercial DUI in Nevada

Even drivers of commercial vehicles can get penalized of Driving Under the Influence (DUI) in Nevada. This is in line with the State’s zero tolerance policy that guarantees criminal charges for anyone who drives while drunk or under the influence of drugs.

 

Commercial DUI in Nevada is when a driver of certain commercial motor vehicles such as company cars, cargo vans, limousines, or coaches are found guilty of violating DUI grounds. This is strictly prohibited as it could cause greater damage especially if a particular commercial vehicle is carrying groups of people or important resources. If you are currently facing this situation, here are some of the penalties that you would need to expect.

 

First commercial DUI offense

Penalties of a commercial Dui in Nevadaare relatively similar to standard DUI sanctions. The only major differences are suspension of license that could go up to three years (if you are transporting hazardous materials) and that you can be barred from being employed as a commercial driver again.

 

For a first commercial DUI offense in Nevada, the penalties are as follows:

  • Two days to six months in jail
  • Community service that lasts up to 48 hours to 96 hours
  • Fines of $400 to $1,000
  • Attendance of treatment programs and a Nevada impact panel

 

Second commercial DUI offense

When you are finally given the chance to drive again after a commercial DUI in Nevadaand you happened to violate it again within seven years after the first offense, you will be charged with misdemeanor that has penalties of:

  • Jail time of 10 days to six months
  • Fines amounting from $750 to $1,000 in price
  • Treatment programs as found in the first offense
  • Possible installation of interlock ignition device

 

Third commercial DUI offense

Just like any other criminal charges, a third commercial DUI offense is a felony in Nevada, specifically a category B felony. This incurs weighty penalties of imprisonment in a Nevada state prison for one year to six years. Large fines and ignition interlock device installation shall also be enforced.

 

When death occurs in a commercial DUI in Nevada(for an example, a woman dies in a fatal crash of the taxi she was riding because the driver is intoxicated), an automatic category B felony should be imposed regardless of the number of offenses. This type of felony charge consists of 20 years of maximum prison time.

 

Commercial DUI is exceptionally harsh because you are providing service and drinking or taking drugs during driving will subdue the trust given to you. Consult a DUI lawyer now for more of your questions about commercial DUI in Nevada!

Blood Tests in DUI: How Do They Work?

When pulled over for DUI (Driving under the Influence), a police officer can request a blood test to be drawn from you. This is to determine if you really were intoxicated at the time of the arrest and therefore had violated DUI laws in Nevada. To learn more about how blood test works in DUI and how your DUI attorney can help, read this post further.

 

When is a blood test for DUI required?

It is during a suspect drug driving where a police officer will request for you to have a blood testsimply because drugs cannot be detected through breath, rendering Breathalyzers useless. If you are arrested for alcohol, you cannot have the option for either a breath or blood test. Choosing a blood test is costly, not just in time but also in money as you have to shoulder the payment for the particular examination.

 

When can you refuse a blood test?

A blood test is a form of evidentiary testing and rejecting it can be an obstruction to legal proceedings enforced in Nevada. This is the reason why you cannot refuse a blood test unless you are only being indicted by the arresting police officer for alcohol.

Refusal of a blood test in DUI could lead to the suspension of your driver’s license for a year. This is also detrimental to your case as refusal can be used as evidence that you are guilty of hiding something from the arresting police officer.

 

How is blood test conducted?

When the police had decided that you need to have a blood test to prove your intoxication, you will be taken to a licensed testing facility for booking. A licensed physician, a phlebotomist, an emergency medical technician, and a registered nurse are only some of the professionals that can draw blood for you. With the assistance of your DUI attorney, you can request a separate blood test for yourself with results that you can use to counter false positive outcomes in court.  

 

How do you fight charges made by a faulty blood test?

A blood test in DUI is easily contested. Since you have no way of knowing if your blood test is actually handled well or not tapped at all, you can challenge the accuracy of the results by stating that faulty equipment was used during the testing and that it was performed by incompetent or uncertified professionals. Of course, if you are going to use this defense, you need solid proof gathered by you and your DUI attorney.

 

Another defense that you can use is the simplest one: you are not under the influence of drugs at all. And if you were, it was due to involuntary intoxication.

 

Blood testing is a testament to the firmness of Nevada law to convict those who are guilty of DUI. To avoid finding yourself being sentenced as one, you need the help of a DUI attorney during the blood testing and through the trial, if it gets pushed through.