What to Do Immediately After a DUI Arrest in Las Vegas (Steps to Protect Your Rights)?
Being arrested and charged with driving under the influence (DUI) can be a frightening, and sobering, ordeal. If you find yourself facing DUI charges, and you are unfamiliar with the criminal justice system, you may be struggling with what to do next. If so, your anxiety may be warranted because making the wrong move could be detrimental to your defense. To help you get pointed in the right direction, The Vegas Lawyers explain what you should do immediately following a DUI arrest in Las Vegas to ensure that your rights are protected.
What You Need to Know about DUI in Nevada
Under Nevada law, it is illegal to operate a motor vehicle under any of the following circumstances:
- You are under the influence of intoxicating liquor.
- You have a concentration of alcohol of 0.08 or more in your blood or breath.
- You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
- You are under the influence of a controlled substance, chemical, poison or organic solvent.
- You are under the combined influence of intoxicating liquor and a controlled substance.
- You have an unlawful blood level of certain drugs (as defined in the statute).
If this is your first DUI charge and there are no aggravating circumstances, you will be charged with a misdemeanor which carries a penalty of up to six months in jail, community service work, a license suspension of 180 days as well as mandatory attendance at a victim impact panel and DUI school, installation of an ignition interlock device in your vehicle, and a fine of up to $1,000 if you are convicted. A DUI can be charged as a felony in Nevada if there are aggravating circumstances, such as previous DUI convictions, causing substantial bodily harm or death during the commission of the offense, or the presence of a child in the vehicle at the time of the offense. If you are convicted of felony DUI, you face significantly increased penalties, including a lengthy term of imprisonment.
Steps to Take After a DUI Arrest in Las Vegas
If you have been arrested and charged with DUI in Las Vegas, the steps you take immediately following that arrest can be critical to protecting your rights and securing the best possible outcome for you and your future. While every DUI case is unique, the following steps will apply in most situations:
- Make Use of Your Right to Remain Silent. One of the most important things you can do during and after a DUI arrest is to make use of your right to remain silent. While you are required to answer questions used to identify you, answering additional questions is not in your best interest. Do not admit to consuming any drugs or alcohol when asked by law enforcement officers. Do not make the mistake of thinking you can talk your way out of being arrested and do not post anything on social media about your arrest or the events leading to it.
- Consult with an Experienced DUI Defense Attorney. After you are released on bond, contact an experienced Las Vegas DUI defense attorney immediately. The best way to ensure that all possible defenses are available to you is to consult with an attorney as soon after your arrest as possible. Your attorney can review the circumstances of your case, explain important next steps, and safeguard your rights throughout the prosecution of your case.
- Request an Administrative Hearing (if applicable). If you allegedly refused to submit to a chemical breath test, your driving privileges will be administratively suspended. You can request a hearing to prevent that automatic suspension; however, you must do so within seven days of your arrest.
- Secure the Release of Your Vehicle. If your vehicle was towed, you should act quickly to get it released because the impound lot will typically charge you additional “storage” fees for each day it remains in their lot. Contact the arresting agency to find out what impound lot towed your vehicle. Make sure you have proof of ownership, identification, proof of insurance, and funds to pay the fees before arriving at the lot.
- Contact Your Insurance Company (if applicable). If you were involved in an accident, you need to contact your insurance company. Do not, however, speak to anyone at yr insurance company without first consulting an attorney.
- Document the Details. As soon as possible after being released from custody, document the details of hours leading up to your arrest as well as the arrest itself. Specifically, make note of anything you ate, drank, or consumed (including prescription and over-the-counter medications) prior to driving. Make note of the reason the officer gave for pulling you over and any questions you were asked during the traffic stop. If you performed field sobriety tests, write down your impressions of the tests and how successfully you feel you performed them.
Contact A Las Vegas DUI Defense Lawyer at The Vegas Lawyers
If you ae facing DUI charges in Las Vegas, consult with an experienced DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.