DUI in Vegas: Common Mistakes and How to Avoid Them
For a motorist, looking in the rearview mirror and seeing flashing lights behind you is rarely a good sign. If it appears that the traffic stop that follows is turning into an arrest for driving under the influence, you may start to panic which, in turn, can cause you to make mistakes that can make an already unpleasant situation even worse. Moreover, mistakes made during a DUI stop can increase the likelihood of conviction. If you are stopped for DUI in Las Vegas, knowing some of the most common mistakes people make may help you avoid making them.
Refusing to Stop
When you see those lights in your rearview mirror, your knee-jerk reaction may be to push the gas pedal instead of figuring out how to safely pull over and stop. Giving in to that knee-jerk reaction is a huge mistake as it will likely lead to additional, more serious criminal charges being filed against you.
Admitting Guilt
If the police officer has reason to believe that you are under the influence (and often even if they have no reason to believe so), you will probably be asked directly if you have consumed any alcohol or if you are under the influence of any substances, legal or otherwise. While it is not wise to directly lie to a law enforcement officer, it is also a mistake to admit guilt. If you believe that answering a question will incriminate you, politely tell the officer that you prefer not to answer without having an attorney present.
Trying to Talk Your Way Out of an Arrest
If you can see that your traffic stop is potentially morphing into a DUI arrest, you may have the urge to try and talk your way out of an arrest. Resisting that urge is your best bet because you are far more likely to talk your way into a conviction than talk your way out of an arrest.
Performing the Field Sobriety Tests
At some point during the traffic stop, the law enforcement officer will probably ask you to perform a series of field sobriety tests, such as the walk and turn, standing on one foot, or reciting the alphabet backwards. You are not legally required to perform these tests. Moreover, they are difficult to perform well under optimum conditions. When you are on the side of the roadway, stressed out and anxious, and walking on unlevel ground, you are even less likely to perform well on the tests. Ultimately, your performance on these tests will probably provide the officer with probable cause to arrest instead of helping you avoid an arrest.
Being Disrespectful and Belligerent
Although you may be upset, even outraged, at the prospect of being arrested, being disrespectful and belligerent can only hurt you. Not only will it make the officer more inclined to arrest you, but your overall demeanor may be used as evidence of intoxication at trial.
Refusing to Perform the Breath Test (Sometimes)
If you are ultimately placed under arrest, you will be asked to perform a chemical breath test when you arrive at the jail or station. Once again, you are not legally required to perform the test; however, the Nevada implied consent law says that you have already consented to the test if you operate a vehicle on a public roadway. Furthermore, there are consequences for refusing, including a license suspension and using the refusal as evidence against you at trial. As such, for most people in most situations, refusing the breath test is a mistake.
What Should I Do If I Was Charged with DUI in Las Vegas?
If you have been charged with DUI in 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.