Should You Get a DUI Attorney If It’s Your First Offense?
If you were recently arrested and charged with driving under the influence (DUI) in Nevada for the first time, you may be wondering whether you need to hire an attorney to represent you. You may be tempted to “go it alone” to avoid the cost of legal representation; however, doing so could be a costly mistake because even a first-time conviction can have significant legal and personal consequences. A better understanding of the benefits of hiring a first-offense DUI attorney ensures that you make an informed decision.
Understanding Nevada DUI Laws
Driving under the influence is governed by NRS § 484C.110 which makes it illegal to operate a motor vehicle:
• While impaired by drugs or alcohol.
• With a blood alcohol content (BAC) of 0.08% or higher.
• While under the influence of a controlled substance.
In the absence of aggravating circumstances, such as an accident that caused serious bodily injury, a first-time DUI is charged as a misdemeanor in Nevada. Conviction of a misdemeanor DUI in Law Vegas subjects you to a potential jail sentence of up to one year, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs.
A Nevada DUI Attorney May Be Able to Prevent a Conviction
A common mistake people make when they are charged with DUI is assuming that they will be convicted. In fact, being charged with DUI is not the same as being convicted. Having an experienced DUI defense attorney on your side is the key to avoiding a conviction when possible. While each case is unique, common defense strategies that a DUI defense attorney might use to prevent a conviction include:
• Challenging the stop. Contrary to popular belief, a law enforcement officer must have a valid reason to stop your vehicle.
• Challenging the breath test results. Test results might be inaccurate because the machine was not properly calculated, the test administrator was not properly trained, or you have a medical condition that skewed the results.
• Rising BAC: Because of the way your body metabolizes alcohol, your test results could be artificially high if you consumed alcohol right before getting behind the wheel of your vehicle.
• Procedural issues. Law enforcement officers are human, meaning they make mistakes. If a mistake amounts to a violation of your constitutional rights or taints evidence, it may lead to evidence being excluded, meaning the prosecutor cannot use it against you.
A Nevada DUI Attorney Can Negotiate a Favorable Plea Agreement
While a conviction should never be thought of as a foregone conclusion, there are times when a conviction cannot be avoided. When that is the case, is remains beneficial to have an experienced Las Vegas DUI attorney advocating for you during the guilty plea negotiations. Your attorney will ensure that the plea agreement you enter into is as favorable to you as possible which may mean the difference between spending time in jail or only time on probation.
A Nevada DUI Attorney Offers Peace of Mind
For many people, the most important reason to hire an attorney when facing DUI charges is the peace of mind an attorney provides. If this is your first DUI arrest, you are likely unfamiliar with the criminal justice system. Having an experienced attorney by your side to explain the law and procedure to you as well as answer questions throughout the prosecution of your case can be invaluable.
What Should I Do If I Was Charged with DUI in Las Vegas?
If you have been charged with a first-time DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.