Category Archives: DUI

Factors Influencing Blood Alcohol Content Levels

For many DUI-related arrests in Las Vegas, blood alcohol concentration (BAC) levels play a key role. BAC levels determine how much alcohol is currently in a person’s bloodstream; the higher the BAC, the greater the effect of alcohol has on a person. High BAC levels can lead to such effects as disorientation, slurred speech, shifty eye movement, poor physical coordination and a slowing of cognitive function and comprehension. A person’s BAC levels are often determined via breathalyzer or through blood and urine samples.

In most cases, people can drink and still avoid going over the prescribed BAC by controlling their alcohol intake prior to driving. However, in some cases even minimal alcohol intake can still result into a person going above the recommended BAC levels. A number of factors can affect BAC levels for certain people, including:

  • Body Type: BAC levels are inversely proportional to a person’s weight; heavier people tend to have lower BAC levels even when sharing the same amount of alcohol as lighter people.
  • Alcohol Content: people may share the same amount of drinks, but one drink may have more alcohol than another.
  • Age: younger people may be more prone to early intoxication, although this is not always the case.
  • Gender: women are more prone to higher BAC levels due to physiological differences.
  • Style and amount of consumption: drinking too much too fast can lead to immediate intoxication compared to consuming plenty but taking things slowly.
  • Food: consuming food alongside alcohol can help obstruct some alcohol from entering the bloodstream.
  • Altitude: still under independent testing, it is said that imbibing alcohol at higher altitudes puts a person at greater risk of intoxication.
  • Medication: mixing alcohol with certain anti-depressants and pain relievers can increase BAC and have dire long-term consequences.
  • Emotional state: distressed people can have the alcohol transfer into their muscles instead of the bloodstream; this prevents them from getting drunk faster, but it also leads to increased alcohol consumption.
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What Acts Get You Arrested for DUI in Las Vegas?

DUI is a serious problem in cities like Las Vegas, where leisure establishments are a dime-a-dozen and large road networks are present. The prevalence of DUI cases, as well as the ease that such situations can happen in the city, have led to many arrests and conviction for even the most minor of offenses. Here are a number of ways to get arrested for a DUI in Las Vegas:

  • Controlling a vehicle while intoxicated (the most familiar and most common)
  • Found drunk within 2 hours after controlling a vehicle
  • Controlling a vehicle while drugged
  • Controlling a vehicle while drunk and drugged
  • Committing a vehicular homicide while drunk/drugged/drunk and drugged

Knowing these DUI-related offenses can help you better enjoy your stay in Las Vegas and avoid any nasty legal repercussions.

House Arrest in Clark County Detention Center

House Arresr Las Vegas Criminal Defense Attorney Ross Goodman

House arrest is a type of incarceration wherein the charged individual stays in his own home. However, this is not in any form a lighter penance as the property where he is staying will still be heavily guarded by detention officers. There are also strict laws such as boundaries and limits, which when violated, can lead to graver criminal consequences.

The Clark County Detention Center (CCDC) implements the Electronic Monitoring Program or commonly referred as house arrest, wherein a certain convict will be tagged with an electronic ankle bracelet that will monitor his moves and whereabouts. The said program is applicable to different cases depending on the magnitude and the factors involved.

Below are further pieces of information about house arrests in CCDC and how a criminal defense attorney can assist you on the program.

Qualification for House Arrest Program

House arrest is an alternative sentencing program decided by a judge. Usually, it applies to defendants who can post bail but have committed crimes that are too severe for them to be granted an immediate freedom.

Most of the time, the judge gives a house arrest sentencing to misdemeanor cases that are non-violent (like DUI) and to defendants who are not dangerous and not flight-risk. Cooperativeness and complying with all of the judge’s requirement will help influence a judge’s decision.

When granted of house arrest, CCDC’s Metropolitan Police Department will run the program, starting with the installation of the GPS-based electronic bracelet on the defendant’s ankle. CCDC uses a tamper-proof device that should be paid by the defendant.

The Electronic Monitoring Program starts immediately once the ankle bracelet is worn. Aside from the confinement, the defendant will have to undergo several rehabilitation programs in his own home.

Benefits to the community

House arrest is economical. With the growing number of inmates in CCDC and the Nevada State Prison, many judges are willing to put non-violent defendants under a monitoring program because at least $140 are spent on each inmate behind bars.

When defendants are confined in their homes, they are responsible for their own food, shelter, and other commodities, thus helping the CCDC and the entire community save not just money, but resources as well.

Conditions of house arrest

Depending on the case, an individual put down for house arrest can leave the house under strict monitoring. The court also lays down the places where someone in house arrest can go. Stopover is prohibited; otherwise, the Metropolitan Police Department will be notified to re-arrest the defendant.

The judge usually allows outdoor engagements such as:

  • Work and school
  • Court trials
  • Community service and counseling
  • Medical and lawyer appointments

Violation of the program

An ankle bracelet should be worn at all times by the defendant and should not be tampered. In Nevada, house arrests employ a non-tolerance policy, which means that once you violate the rules, you will be taken back to CCDC where you will spend the rest of your sentence. Additional sentences and payments for damages may also be charged to the offender in case he violates the rules.

Violations include:

  • Going beyond exclusion zones
  • Tampering or breaking the device
  • Breaking curfew

If a defendant has a DUI case, especially related with alcohol, a supplementary ankle bracelet called Secure Continuous Remote Alcohol Monitor (SCRAM) should also be worn by the defendant. Once it traces alcohol in the offender’s body system, the police will be alerted.

A house arrest is favorable for people who are charged of crimes but know that it does not erase the fact that they hold a criminal record. Meet with a criminal defense attorney today to help you get absolved of your charges today.

Las Vegas Criminal Defense Attorney Ross Goodman

520 S 4th St, Las Vegas, NV 89101, USA

702-383-5088

What to Do When Pulled Over on Suspicion of DUI

What to Do When Pulled Over on Suspicion of DUI - Ross Goodman

Since Las Vegas is a place where everyone gets to have a good time, the enjoyment can turn into anxiety when you unexpectedly see red lights in your rear view mirror coming for you while driving. Once you got pulled by the police in Las Vegas, there is a big chance that you may be suspected of drinking while hitting the road.

Here are some helpful tips to help you protect your rights.

Follow the instructions

The initial step is to comply the officer on duty: pull over to the curb in a controlled and safe way. Take note that you have to pull over as fast as you can because if you don’t, there’s a possibility that you will look more suspicious and the officer might get annoyed – it might make things worse so don’t risk it!

Note the time of stop

Knowing the time of stop may be of great help – as many of the law enforcement actions must be performed under time constraints.

Prepare all the vehicle paperwork

One of the first observations made by the police officer is a driver’s ability to show proper documents such as driver’s license, vehicle registration, and insurance. This might be kind of tricky, but wait for the officer to ask for your documents; rather than voluntarily reaching and searching for them. Remember that officers are concerned with their safety as well – there are instances that they may overreact to gestures that they think might lead to a directed threat.

Do not admit

A lot of people find this difficult to do for the following reasons:

  • They don’t want to be dishonest to the police officer.
  • If they cooperate, the officer may overlook such transgressions.

However, this kind of scenario barely happens. Know that you have a constitutional right not to incriminate yourself. Thus, to avoid making things more complicated, answer with statements such as:

“I will accept any citation for [the stated reason for the stop] or other infractions you believe I may have committed and deal with them in court.”

Stay calm

For everyone, seeing emergency lights in the rear-view mirror is very daunting. Nonetheless, you have to do your best to stay focused and perform safe driving actions – and that is by pulling over in a safe and reasonable manner. This also shows that you are reacting properly to their signal.

Decrease your speed right away, pull over somewhere that will not destruct the flow of traffic. If you are having doubts where to stop, remember that it is more important to pull over in most cases – as the officer will instruct you to move in a safer place.

Pursue legal advice

If you have been pulled over for a DUI and the officer did not have reasonable suspicion that you have committed a crime, the evidence against you may not be admissible in court. An experienced DUI lawyer can help you have the evidence thrown out. Additionally, a lawyer can help you form a defense against DUI charges or help you negotiate a plea deal to reduce your sentence.

If you have been pulled over for a DUI but the officer lacks reasonable suspicion, the evidence against you may not be admissible in the court. Seek the help of an experienced DUI defense lawyer – it could help you throw out the evidence. Furthermore, a lawyer could help you negotiate a plea deal to reduce the sentence.

Keep in mind that driving under the influence may hurt someone or yourself; or even damage your car or someone else’s property. You can even lose your license, pay a large amount of fines, lose your job, and worst of all: go to jail.

DUI comes with so many serious penalties, so you need a legal adviser to protect your rights. If you were you incriminated for a DUI in the city, call Attorney Ross Goodman now, the experienced DUI defense attorney in Las Vegas!

Questions to ask when hiring a DUI Attorney

An attorney is an essential factor in cases. In fact, no case will be put into motion or end with appropriate results without their expertise. In Las Vegas, driving under the influence (DUI) attorneys are in high demand. Just last year, there were 2,394 DUI cases with injuries reported, prompting a need for DUI attorneys.

When looking for an attorney, the defendant or the family want to have the best ones in the field. This matter is entirely subjective. For some, the most expensive and popular ones are the best, but other people find a more obscure but trustworthy attorney based on achievements.

As the justice system is resilient, you should keep up by finding an attorney who will handle your DUI case fast. It can be difficult to find the best one because of the time pressure, so you should look for the fittest one instead.

Finding the right one to ask

Before you run down your burning questions, you should find a DUI attorney to contact first. You can start by seeking referrals from people who have worked with attorneys before; however, there are also other factors that you need to consider to ensure that you’re not just wasting your time.

Don’t get carried away by trend

Make sure you deduce properly and don’t rely on who’s hot on the law scene. Sometimes the glitz can be deceiving.

Set aside issues of costs for a minute

Sometimes, the expensive ones are expensive for a reason. If you can stretch it, take into consideration choosing a high-priced DUI attorneys – it might be just worth it!

Make a list and narrow down

Do a thorough research on the background and achievements of the DUI attorneys before making a list of the most qualified ones. However, don’t go overboard in numbers.

If you have contacted several DUI attorneys and made arrangements for a face-to-face meeting, it’s time to know what questions you should be asking:

Specialization and practice areas

Even if you did your research about a certain attorney, it’s better to hear about him right from his mouth. Not all attorneys can handle a DUI case so make sure you ask about their specialization, the law school, the training they took, the duration of their experience, if DUI is their prime practice area, and how many DUI cases they take a year.

You can also ask about their relationships with attorneys in the prosecutor office. A DUI attorney who knows the inner workings and gets along with prosecutors can help minimize the magnitude of your case.

Assessment of your case

When face-to-face with a DUI attorney, make sure you have all necessary documents regarding the DUI case to ensure that the attorney can properly assess and answer your questions about your chances. Subsequently, ask questions about court processes, factors which will and will not work for you, and what outcome he or she can guarantee you.

How much are we working together?

At times, the DUI attorneys will not be working with you all the time. Ask them how much you can discuss with them or if they will be the ones to defend you on court. You can also ask them if you’ll be handled by a different attorney under their firm and if you can talk to them separately.

Fees

Don’t hesitate to ask about fees as it’s a big deciding factor for both you and the DUI attorney. Ask the attorney about his or her charges. Is it an hourly or a flat fee rate? Likewise, inquire about payment plans, additional legal fees, and modes of payment. You can negotiate to get the best deal.

To make sure you acquire the best DUI lawyer for your case, take your time and let your natural acumen do wonders! One reliable attorney who you can get outstanding help from is Attorney Ross Goodman, a DUI attorney based in Las Vegas! Contact him now and face the case with better confidence!

3 Alcohol Problems that are Prone to DUI

Alcohol problems may lead to unwanted cases such as DUI. Here are 3 of those problems and some DUI cases caused by them.

1.   Binge Drinking

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Binge drinking happens when a person consumes a large amount of alcohol on a single occasion. This uncontrollable scenario usuallys lasts for several hours. Binge drinking is most common on young adults between 18-21 years old. Binge drinking may lead to legal offenses such as drunk driving, rape, gang fight and many more.

Sample DUI case: It was a Sunday evening when a group of 7 teenagers in a Mercedes C320 slammed a Ford F-150 at Freedom Boulevard Aptos. The vehicle was moving at 60 mph and the driver is driving under the influence of alcohol. The incident killed 4 people and 3 were injured. (Source: Santa Cruz Sentinel News)

2.   Alcohol Abuse

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Alcohol abuse is defined as a drinking pattern that follows a series of consequences for over a period of time. Some of such consequences include:

  • Failure to fullfill tasks and reponsibilities at home, school or work
  • Drinking in situations that are physically dangerous such as drunk driving
  • Continued drinking which affects relationships
  • Drinking as a way to de-stress

Sample DUI case: A 57 year old man from Brazos County was sentenced with 25 years of imprisonment after pleading guilty to 9th charge of DUI. The case became grave because he has numerous records of DUI due to alcohol abuse. His first DUI case was in 1978 and the following records were in 1992, 1993, 1996, 2004, 2005, 2007 and 2011. (Source: Chron)

3.   Alcohol Dependence

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There’s a misconception about alcohol abuse and alcohol dependence. A lot of people didn’t know that individuals may drink abusively without being dependent to alcohol. Alcohol dependence is also called alcoholism. It is a progressive disease that includes a strong craving for alcohol. An alcohol dependent person may experience the following:

  • He cannot control how much he drinks
  • He can experience withdrawal symptoms once he stopped drinking
  • He has tried to quit drinking but hasn’t been able to
  • He continuously drinks even if it has already affected his relationship with other people

Sample DUI case: A drunk woman was driving with her 2-year old son. She drove beyond the stop sign and then slammed into a flower delivery van. This incident killed the 72 year old driver of the delivery van. The authorities said the woman took prescription sedative, swigged champagne, and filled a plastic cup with whiskey before the incident. She was sentenced to 9 to 23 months of imprisonment. She has been doing treatments for depression and alcohol addiction. (Source: Philly)

If you are experiencing any of these drinking-related problems, seek help from professionals. These problems have a high risk of leading into a DUI/DWI arrest.

Defense Strategies Used by DUI Lawyers in Las Vegas

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

DUI lawyer

A defense attorney formulates concrete defense strategies for his clients. This is to assure that the DUI case will be dismissed. Here are some of the common defense strategies that DUI/DWI lawyers use:

Involuntary intoxication

There are some situations that the driver gets intoxicated without his knowledge. The driver was given a drink that has more alcohol content than he/she actually thought. The driver (or the defendant) must be able to prove in court that he/she is not liable for his/her own intoxication.

Failure to read Miranda rights to the driver

This can be used in several circumstances such as when the authorities started to interrogate the driver or when the driver was brought into custody even without reading the Miranda rights to him/her.

Other causes of high reading in breathalyzers

There are times that breathalyzers read the alcohol level inaccurately. Some of the reasons of such include acid reflux or heart burn which causes the driver to blow mouth alcohol instead of alveolar air from the lungs. Braces, cavities, dentures and denture adhesives, food impactions, etc. can also cause mouth alcohol. Using of breath spray, cough syrup or cold medicine before breath tests can also affect the results.

Unjustified DUI Stop

A lawyer uses this defense if the arresting officer could not provide a legitimate reason for asking the driver to pull over or reasonable suspicion that the defendant committed a traffic violation caused by alcohol intoxication. If the officer cannot provide justified reasons for the DUI traffic stop, the DUI case will be dismissed.

Other factors that can cause poor sobriety tests results

An officer administers a field sobriety test if a driver is suspected of driving under the influence. There are some instances when the driver struggles in completing the test because of certain conditions like flashing lights due to traffic, cold temperature, uncomfortable outfit or the test area is too dark. Anxiety or nervousness because of the situation could also cause the driver to fail the test.

The symptoms of intoxication have rational explanation

Common signs of intoxication are slurred speech, flushed face or bloodshot eyes. But there are instances when these signs are not caused by alcohol intoxication. Bloodshot eyes can be caused by allergies or fatigue. Flushed face can be caused by embarrassment, nervousness or other types of emotions. Slurred speech could be caused by some health disorders.