DUI arrests don’t always lead to a conviction. Sometimes the charges are reduced or even dismissed, depending on the circumstances of the case in question. Below are the five most common reasons why you might have your DUI charges dismissed in Nevada.
Illegal stop and arrest
In an effort to find a weakness and have your charges dismissed, your Las Vegas DUI attorney will want to know the specific circumstances that led to you being pulled up and arrested. Officers are required to have legitimate reasons for stopping a driver. If your attorney believes you may have been pulled over for some invalid reason, they will perform an investigation and try to use it in your defense.
An arrest that infringes your rights
Around 40 percent of all DUI arrests in the country are reduced to lesser charges or dismissed. One of the main reasons this happens is that officers do not follow the regulations that govern the manner in which a driver is arrested following a stop. Besides the reasonable suspicion, the officer must ensure the arrest is made in a way that doesn’t compromise the accuracy of the alcohol tests that follow.
Drivers are advised to be keen on the events immediately before, during and after they are arrested for helping their DUI attorney identify potential vulnerabilities in the prosecutors’ case against you.
Poorly performed field sobriety tests
If an officer suspects you are driving under the influence, they will subject you to a set of field sobriety tests which will be used against you at trial. The tests are voluntary and only relevant in determining if there is a valid reason to have you arrested for DUI. Common tests include the walk-and-turn test, the Horizontal Gaze Nystagmus test, the finger-to-nose test, the number count, the breath test and the one-legged stand.
The tests should be administered in a specific manner. For instance, the NHTSA has set standards that govern how the walk-and-turn test and the one-legged stand are taught and described. The other tests are carried out based on standards set by the police. The court will review the manner in which the tests were administered to you, at the request of your lawyer, and determine if it was decent and acceptable.
Improper BAC tests
After being arrested, you will be taken to jail and put through a chemical test to determine your blood alcohol content. The breathalyzers and the tools used to conduct your blood test are highly sophisticated and must be operated by specially trained individuals to enhance accuracy. Your DUI attorney will typically want to look at the manner in which these tests were performed and size up the accuracy of the results. They will study the history of the breathalyzer and the qualification of the operator. As regards the blood test, the nurse who conducts it and the specialist who analyzes the findings must be state-certified at the least. What’s more, both individuals must appear in court during the trial, which only increases the likelihood of your case being dismissed.