Brought to you by Colorado DUI Drunk Driving Defense

Attorney Offices

1. Adras, Paul: One of the most successful defenses that we use to fight a DUI case a "motion to suppress the evidence". This can be highly successful if the officer never had the grounds to stop you.
2. Waldron, Gemma: Civil Rights Criminal Defense Criminal Law Employment and Personal Injury Family Law
3. Perez, Romeo: Criminal Law DUI 702-214-7244 Accident Gun ¥ Driving under the influence of alcohol (i.e., driving while intoxicated, drunk driving, drinking and driving, and drink-driving) or other drugs constitutes this act. Traffic Ticket ¥ A traffic ticket is a summons and citation issued by police officers to motorists and other road users who fail to obey traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking ticket. Other types of criminal law cases we often deal with include the following: Domestic Violence Assault Robbery Burglary Misdemeanor Sexual Assault
4. Heers, Tonya: If a peace officer pulls over an individual, the officer may arrest that person if they have a reasonable belief that they have committed, or are about to commit a crime. "Probable Cause" stems from the belief that there is sufficient evidence at the scene to support the fact that a DUI did occur and may legally justify a DUI arrest. Even if a person refuses to submit to a chemical test or it is not possible to administer one, the officer may deduce, based on several implicating factors that a DUI has occurred. A peace officer may pull over a person who is driving a vehicle erratically. If the officer observes empty beer bottles in the car and is able to smell alcohol on the driver's breath, he or she can make an arrest based on those observations. Even though the driver will not agree to a Breathalyzer test, the officer may arrest him or her based on a probable cause belief that a DUI. When faced with a DUI charge, it is important that you contact a DUI defense attorney as soon as possible.
5. Cauley, Ronald: Criminal Defense DUI Domestic Violence Drug Crimes Probation Violation Misdemeanor & Felonies Family Law Divorce Custody Visitation Child Support Guardianship Adoption Termination of Parental Rights
6. Wright & Weiner: The Nevada criminal justice system is tough. A plea bargain with the DA is not the easy way out. You are pleading guilty to a crime that will be on your record forever. Before you consider agreeing to plead guilty to a DUI, consider all of the areas the police and prosecutors must meet their burden of proof: * Was there sufficient probable cause to pull you over? * The field sobriety test Ñ was it conducted strictly by the book? * Did police administer a blood or breath test? * Was the breath, blood or urine analysis conducted properly? * Were the BAC test machines calibrated and maintained properly? * Were your BAC test results reported correctly? * Were your constitutional rights protected at every turn?
7. Piet & Wright: When you have been arrested for DUI / Drunk Driving in Nevada, you need to be able to depend on your DUI Defense attorney. Being charged with DUI in Nevada subjects you to stiff fines and penalties, including license suspension and even jail. It is imperative that you seek the immediate help of a knowledgeable and experienced Las Vegas DUI lawyer to help avoid these stiff fines and penalties.
8. McDonald, Pat: Driving Under The Influence To be convicted, a prosecutor must prove beyond a reasonable doubt the following occurred: You drove or were in actual physical control of a motor vehicle You were on a highway or premises to which the public has access You drove while under the influence of intoxicating liquor You had a concentration of alcohol of 0.08 or more within two hours after driving, or being in actual physical control of a motor vehicle; and/or controlled substance. If you are convicted of driving under the influence of alcohol and/or a controlled substance, the following penalties may occur. First Offense 2 days up to 6 months in jail Or, 48 to 96 hours of community service A minimum fine of $400, up to a maximum of $1,175 Suspension of your DriverÕs license for 90 days. Fees paid to the Court Pay for and attend DUI school Pay for and attend the Victim Impact Panel $35 penalty to the Department of Motor Vehicles A program of treatment for the abuse of alcohol or drugs Second Offense 10 days to 6 months in jail 100 to 200 h ours of community service A minimum fine of $675 up to $1,175 Suspension of DriverÕs license for 1 year A program of treatment for the abuse of alcohol or drugs Breath Interlock device from 6 to 12 months Pay for and attend the Victim Impact Panel $35 penalty to the Department of Motor Vehicles Third Offense A conviction of three or more offenses within 7 years of the date of the first arrest becomes a FELONY. A minimum of 1 to 6 years in the State Prison A minimum fine of $2,085 up to $5,085 Breath Interlock device from 12 to 36 months from release from prison Pay for and attend the Victim Impact Panel $35 penalty to the Department of Motor Vehicles Accidents that result in death or substantial bodily harm If you are convicted of a drunk driving offence in which an accident occurred that resulted in the death or substantial bodily harm to another person, it is a FELONY conviction, even if it is your first offense. A minimum of 2 years and a maximum of 20 years in prison A minimum fine of $2,000 up to a maximum of $5,000
9. Donohue, Jerry: If you have been arrested for DUI and given a breath test with results of at least .08%, your license will be confiscated and you will receive a suspension notice. This suspension notice serves as a temporary document permitting you to drive for a period of no more than 7 days. During this period you should contact an attorney and contest the suspension via a hearing. In Nevada, conviction of a DUI is a misdemeanor offense and could involve the following penalties: 1. Minimum of 2 days, maximum of 6 months in jail (or with court approval, community service). 2. A fine in the range of $340 to $1175 in addition to fees and assessment costs. 3. Suspension of driver's license for a period of 90 days. 4. Required completion of a substance abuse program. 5. Installation of "Ignition Interlock Device" for a period of 3 to 6 months. DUI cases are rarely as cut and dry as they may seem and a conviction is not always inevitable.
10. Gonciarz, Edward: If you were cited for a serious traffic violation in southern Nevada, the consequences can be more far-reaching than simply paying a fine, hefty as it could be. For certain offenses like DUI you could be facing jail time and a criminal record. Even for a simple speeding ticket, you're looking at increased insurance premiums and points on your license that could lead to suspension. The good news is that you can fight traffic citations. Despite what you may have heard, you can fight DUI charges. Don't get stuck with a DUI or traffic ticket.
11. Odunze & Kang: Regardless of driving behavior, in the state of Nevada, a blood alcohol content (BAC) of 0.08 is considered driving under the influence. Commercial (CDL) drivers can lose their licenses for a BAC of .04, and for minors under age 21, the threshold is just .02. Additionally, your use of any controlled substance, including prescription drugs, can result in a DUI.
12. Fahrendorf, Viloria, Oliphant & Oster: Prepare every case for trial rather than rushing to a plea bargain.
13. Phillips Law Office: Law enforcement often steps up DUI "checkpoints" over holiday
    weekends. IF YOU ARE GOING TO DRINK, THEN YOU SHOULD
    NOT DRIVE!
    
    If you do drink...take a cab; designate a driver; walk; get a hotel room.
    If you do drive...be advised that this increase in DUI enforcement
    increases your possibility you may be stopped for traffic infractions or
    DUI.
    
    Start the night by eating heartily and drinking non-alcoholic fluids to slow
    alcohol absorption.
    
    Being stopped for a traffic violation is not something to fear. However, if
    you are stopped and you have been drinking there are some important
    things to remember:
    
    
    1. Be COURTEOUS and POLITE to all police officers and keep your
       license, registration and proof of insurance handy.
       
    
    
    1. DO NOT EXIT your car unless instructed to do so.
       
    
    
    1. DO NOT volunteer any information, except your identification
       (your drivers license, proof of insurance and vehicle registration),
       even if the officer is merely asking you administrative or "friendly"
       questions. Your answers will be used against you.
       
    
    
    1. POLITELY refuse to do any "field sobriety testing" (FST's). They
       are completely VOLUNTARY and will be used against you.
       
    
    
    1. POLITELY refuse to take a portable or hand-held breath test
       (PAS) - unless you are under 21. They are completely voluntary
       and will be used against you.
       
    
    
    1. DO take the breath test at the jail when offered.
       
    
    
    1. DO contact a friend as soon as possible so they can hear you
       speak and note your sobriety.
       
    2. 
       
    3. DO contact the DMV within 10 days of your arrest to schedule a
       hearing or YOU WILL AUTOMATICALLY LOSE YOUR
       LICENSE.
       
14. Garret Ogata:

    An arrest for DUI also notifies the DMV to take action against your privilege to drive in the form of a suspension of those privileges.

    Nevada DUI cases can be brought against a person who may appear normal, but who is above the legal limit of .08% BAC. This is called Nevada's "Per Se" law, meaning that it is illegal to be above a .08 no matter what the person's impairment level actually is.

    DUI arrests in Nevada also trigger the new implied consent law. All Nevada drivers have impliedly consented to a test of their blood or breath for alcohol content simply by obtaining a Nevada driver's license or by driving on Nevada's roads. There is no more right in Nevada to refuse to provide a breath or blood sample if arrested for DUI. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a Nevada drunk driving case.

    The goal of our Nevada DUI lawyers in representing a DUI client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, the only chance for success in a Nevada drunk driving case is to have a skilled drunk driving defense attorney. It is extremely important that you be familiar with the issues involved in a typical DUI case so that you may aid and participate in your defense and make informed choices regarding your case. It is also vitally important that you tell your DUI defense lawyer all of the facts, so that he or she is able to best help defend the drunk driving case.

    There are three ways for a prosecutor to prove a Nevada DUI case. Keep in mind that unless each element of the case is proved beyond a reasonable doubt, the defendant in a DUI case is entitled to a verdict of "not guilty." A Nevada driving under the influence case can be prosecuted under any of the following theories:

    1. By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs by using the officer's observations, including the manner of driving, field sobriety test, the way the driver appeared physically, and the chemical test (or refusal to take a chemical test, which is considered "consciousness of guilt" in a DUI case).
       
    2. By proving the defendant was driving the vehicle at a time when his blood alcohol level (BAL) was .08% or greater. The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly, and that you were driving within TWO (2) hours of the chemical (breath or blood) test. This is called Nevada's Per Se law; it doesn't matter how well someone is driving. Violating this law is purely a function of body chemistry.
       
    3. The state of Nevada has a "Per Se" level of prohibited substances: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine. If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription.

    The DMV Action

    In Nevada a DUI arrest triggers not only a criminal case being charged against the arrestee; but a possible driver's license suspension by the DMV. If a person who has just been arrested for DUI consents to a breath test and the results of that test are at or above the legal limit of .08, then the arresting officer will confiscate the actual driver's license of the accused and give him or her a pink piece of paper which is a temporary driver's license and is good for seven (7) days only. The arrestee has seven days to either call or walk into the DMV to request a DMV Hearing to prevent the possible suspension of their driving privilege. If a person who has just been arrested for DUI consents to a blood test to determine the amount, if any, of their blood alcohol content, then they will be allowed to keep their license pending the outcome of the blood results. During this time, the arrestee will have sent to their last known address on file with the DMV (usually within 30-45 days), a blue card which states that the arrestee's license will be suspended for 90 days unless and until a DMV hearing is requested.

Brought to you by Colorado DUI Drunk Driving Defense