Top 10 Nevada DUI Mistakes

Nevada DUI Mistakes Part 1...

6. Taking the District Attorney's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.

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7. Failing to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

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8. Talking to anyone but an attorney about your case. Anything you say to them can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you. It is in your best interest to remember the details of your arrest as it will help you in your defense. In any criminal case, you must be represented by a competent defense lawyer.

You may choose a lawyer or risk the consequences of representing yourself. By hiring an attorney immediately following your citation, you won't miss any deadlines. Judges won't know if they should protect your rights unless someone defends you. For example, overworked prosecutors may use reports from inexperienced or over-zealous police officers to over-prosecute a case.

Defense attorneys are aware of these tendencies and are trained to handle such situations. If you ask the judge to let you be your own attorney, he or she must allow this in most cases. But do not do this. In all DUI cases, get a lawyer quickly. You should interview immediately after arrest if you can (you have a 10-calendar-day deadline after arrest, if you lost your license).

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9. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you. Do not even think about going solo on your case!

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10. Not preserving evidence. The officer who arrested you has preserved what he believes to be evidence of your guilt. He wrote a police report describing his contact with you, he may have a breath test result, photos, audio-taped statements, and video tape. He may also have the statements of witnesses. Your ability to successfully defend your case may hinge on your efforts to preserve evidence of sobriety.

To the extent possible, you should have video and audio tapes made of yourself immediately after your release from custody. You should also gather witness names and addresses. You should try to procure a written statement of their recollections within a short period after your arrest. And perhaps most importantly, you should request an independent blood test immediately after submitting to a breath test. If you ask the officer for a blood test after submitting to a breath test, the officer must either release you so that you can get one or must take you to a doctor and/or hospital himself.

Nevada DUI Mistakes Part 1...

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