What you need to know about getting arrested for DUI: (Hablamos Espanol – (702) 383-0506)

Criminal and Civil penalties. 1) The State or City, depending on the jurisdiction where you were arrested, will bring criminal charges against you.  2) The DMV will attempt to suspend your driving privileges.

Criminal charges:

Once you have been arrested under the suspicion of DUI, the arresting officer drafts a declaration of arrest and submits his report to the District Attorney’s Office or the City Attorney’s Office (Prosecutors). The Prosecutor will review the report and your toxicology report from the forensic laboratory that analyzed your blood alcohol content (BAC).  They will then make a determination on whether there is probable cause to move forward with criminal charges.  Once the Prosecutor’s office approves a case, a criminal complaint will be handed down and procedurally your criminal case begins.

Although there are many defenses in a DUI case, there are three main points of attack.  First is the initial “stop” by the Officer. Legally, did the Officer have a right to stop your vehicle?  If the stop is illegal or not justified, your DUI case may be dismissed.  Second is to attack the Field Sobriety Tests (FST) that may or may not have been administered.  The Officer who evaluates you (on a very subjective basis) during the FSTs must adhere to strict guidelines, if the Officer deviates from these standards, it may be possible to exclude the tests and the results thereof.  And third is to evaluate the results of the blood or breath sample taken.  In Nevada, there is a per se BAC limit of .08.  If you are at or above this limit, legally you are too impaired to operate a motor vehicle.  There are many rules and regulations that must be followed when you submit to a blood or breath sample, if these rules and regulations are not followed, it may be possible to exclude the results of the blood or breath sample taken. However, DUIs don’t only come with drinking alcohol.  You can be charged with DUI for having illegal narcotics in your system or, having prescribed medication above the statutory limit in your system that renders you incapable of operating your vehicle safely.

Criminal penalties for 1st, 2nd and 3rd DUI offenses:

1st offense

– A misdemeanor. Up to 6 months in jail, a fine imposed by the court up to $1000, attendance at the DUI school, the Victims Impact Panel, and revocation by the DMV of your driver’s license for a period of 90 days.

2nd offense (within 7 years)

– A misdemeanor. Up to 6 months in jail, a fine imposed by the court up to $1000, attend a program of treatment for the abuse of alcohol or drugs, and revocation by the DMV of your driver’s license for a period of one year.

3rd offense (within 7 years)

– A category B felony punishable by a sentence of imprisonment in the Nevada State Prison for not less then 1 year nor more than 6 years, a fine imposed by the court up to $5000, attendance a the Victims Impact Panel and revocation by the DMV of your driver’s license for a period of three years.

License revocation by the DMV:

For a first offense DUI, the DMV will attempt to suspend your driving privileges for a period of 90 days.  If you submitted a breath sample and your BAC was at or above .08, your license will be confiscated immediately and you will be given a temporary license (pink sheet) that will be good for seven (7) days.  Do not wait to hire an attorney, it is in your best interest to contact us immediately so we can request a hearing with the DMV to challenge the revocation of your license, and obtain a temporary license for you. For a second offense within a 7-year period, the DMV will suspend your license for a period of 1 year.  For a third offense within a 7-year period, the DMV will suspend your license for a period of 3 years.

Jess will request a hearing with the DMV and challenge the revocation of your license.  At these hearings, the DMV will subpoena the arresting officer(s) and an administrative law Judge will preside over the hearing.  Jess is well versed in DMV hearings and he will argue your case to protect your license.  Jess will cross-examine the officers to establish if there was reasonable suspicion to stop you. There are numerous reasons why Officers make traffic stops, Jess will make sure the Officers had a legal reason to stop you.  He will also examine the officers to establish if the correct procedures were administered during the Field Sobriety Tests (FST). Officers go through a lot of training for drunk driving detection and they’re trained very well in this aspect.  However, particularized procedures in administering the FSTs are mandated, if Officers deviate from these standards, these FSTs may be proven faulty.   Jess will also challenge the process in which the arresting agency took a BAC sample, either by breath or blood.  Was the Nurse certified? How long did it take to withdraw blood or give a breath sample? Was the breath machine calibrated? Did you eat, burp or have anything in your mouth 15 minutes prior to a breath test? Do you have a tongue ring? Do you wear dentures? Are you on certain types of medication? These are just some of the arguments Jess can make on your behalf, each of which have been proven successful.

Getting arrested for DUI is a frightening, confusing and humbling experience.  We understand that good people can make bad choices.  Jess will go out of his way to make sure you understand your case, make sure you feel comfortable throughout this unsettling process and he will make sure you’re informed and updated on every aspect of your case.   Facing the possible penalties above, you need an experienced attorney who will aggressively defend your rights by negotiating and/or going to trial with the prosecution. Jess has personally handled hundreds of DUI cases.  He’s a former public defender and also worked as the main attorney for one of Las Vegas’ largest DUI law firms. Call now and speak directly with Attorney Jess Matsuda today for a free evaluation of your case. (702) 383-0506. Payment plans are available.

The Drink Wheel

On-Line BrAC Calculator

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Alcohol Concentration)

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(so that the result is displayed in the appropriate units).

About the Drink Wheel

The Intoximeters Inc. “Drink Wheel”1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration (“BAC”) based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a “Drink Wheel”?

We call it the “Drink Wheel” because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.

It would be extremely foolish for us
to pretend that our “Drink Wheel” can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.

A person’s actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc…) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person’s BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone’s fitness to work, drive or perform any other task or duty.