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criminal defense Archives

Can drivers in Nevada refuse to submit to a breath test?

Most people in Nevada understand that driving under the influence of alcohol is illegal, and there can be serious consequences should they be convicted on a DUI charge. Sometimes drivers are pulled over by police while driving and will be asked to perform a breath test to determine what the person's blood alcohol concentration is. This can be an intimidating situation, and a person may wonder whether they are able to say "no" when asked to perform a breath test.

Alcohol treatment program may be an option under Nevada law

Under Nevada law, it may be possible for someone who is convicted of drunk driving to undergo an alcohol treatment program as part of a suspended sentence. If a person is found guilty of drunk driving, but their blood alcohol content level was under 0.18 percent, prior to sentencing they can apply to the court to enter into an alcohol treatment program for a minimum of six months. The court will allow this if certain elements are met.

When may semi-truck drivers face drunk driving charges?

Semi-trucks are an important part of commerce in Nevada and across the nation. Whether they are delivering oranges from Florida, apples from Washington or any other sort of goods manufactured in the United States, because of semi-trucks, companies are able to get their products to store shelves nationwide.

Will a license suspension follow one across states if they move?

A person could have their driver's license revoked for a number of reasons. Drunk driving, a hit-and-run or assault are all reasons why a person might lose their license. Losing one's license to drive in Nevada can make everyday life difficult. People do not always have access to reliable public transportation so when they lose their driver's license they may find it difficult to go to work, run necessary errands or simply have the ability to visit friends, go out to eat or do something else for social or entertainment purposes.

Criminal defense lawyers assist those accused of DUI this holiday

The spirit of the season is upon us in Nevada, and this includes not just feasting, caroling and gift-giving, but also "spirits" such as those found in your favorite eggnog, mixed drink or even a cold beer or a fine wine. Many people in Nevada have a drink or two while celebrating the holidays and usually this is not a cause for concern. However, the situation can quickly ratchet up if a person is pulled over on accusations of drunk driving after leaving a holiday celebration.

What are some common field sobriety tests?

Hearing a police siren and seeing the flashing red and blue lights in your rear-view mirror can make anyone in Washoe County nervous. This is especially true if the officer accuses you of drunk driving. When this is the case, the officer may ask that you perform a field sobriety test.

What are some common defenses to a DUI charge?

A person in Nevada who has been accused of drunk driving may think the situation is hopeless. They may think nothing can be done, and that they will suffer the harsh consequences of a conviction, including fines, the loss of their driver's license or even jail time. However, while this post cannot guarantee any particular result in a person's drunk driving case, in general there a number of defenses that a person accused of drunk driving may have at their disposal.

Nevada drunk driving basics

Drivers who face operating under the influence charges in Nevada should prepare a criminal defense, as serious consequences may follow a conviction. For example, the first DUI conviction is a misdemeanor punishable by up to six months imprisonment and a $1,000 fine. It has minimum penalties of two days incarceration or 48 to 96 hours of community service, as well as mandatory attendance at DUI course.

State may implement new DUI marijuana testing

Confronting the challenges of implementing an effective test for operating under the influence of marijuana, the Nevada Senate recently passed a bill that eliminated the use of urine tests but will mandate blood tests for those suspected of driving under the influence of marijuana. The measure is awaiting approval from Gov. Brian Sandoval and may take effect before recreational marijuana use becomes legal in the state on July 1. Because of possible flaws, this test may pose new issues for the criminal defense of alleged impaired drivers.

Supreme Court rejects Colorado civil forfeiture law

Last month the U.S. Supreme Court struck down a Colorado law that allowed criminal defendants to recover seized money only if they could prove their innocence, even though their convictions had been overturned. This ruling could impact Nevada's criminal defense and its civil forfeiture laws, which allow the police to seize property that was allegedly used in a crime.

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