DUI Defense Attorney in Reno, NV

Have you been charged with a DUI? Get Expert Advice from a DUI Defense Attorney in Reno, NV

Understanding your rights and having the right DUI attorney in your corner when charged with a DUI or DWI in Reno is critical. That is why we have put this resource together for you to evaluate.

Why You Should Consider Taking Your DUI to Trial 

First, let me start by saying I have tried over three-hundred DUI cases at trial. As a former City Attorney, I was tasked with prosecuting DUI charges, daily. What I was routinely surprised by was how often defense attorneys would plead their clients… without knowing if I had my case ready for trial. 

DUI convictions require a massive amount of evidence.

What people (and even some attorneys) fail to understand is the massive undertaking required to properly and effectively convict an individual at trial. In Reno, there are two main prosecutorial agencies: (1) The Reno City Attorney’s Office and (2) The Washoe County District Attorney’s Office. To be frank, I have a massive amount of respect for both of these agencies. I worked for the City Attorney’s Office as a newly minted attorney and the experience was priceless. It was that experience which showed me what was necessary and required to obtain a DUI conviction in Reno, NV. Let me tell you, it’s a lot. Below, please take a look at the typical DUI timeline that a prosecutor will need to go over and substantiate to obtain a DUI conviction.

The Traffic Stop

The traffic officer who initiated the stop must be available on the date of trial. They will need to testify as to what the basis for the stop and what observations he recalls having. These include whether you had red watery eyes, a smell of alcohol on your breath and lastly whether your speech was slurred.  These observations must be correctly recalled by the initiating officer to move to the next phases of the investigation.  Depending on whether the initiating officer is certified as a DUI specialist determines whether or not there would’ve been the need for an additional officer called to scene.

DUI Specialist

In most cases, a DUI specialist is required.  These are police officers who have been specifically trained to conduct a DUI investigation. The DUI officer is called to scene to perform the DUI field testing. Commonly, these include a walk and turn test, breath testing, horizontal eye tests, and general observations. Ultimately, the DUI specialist determines whether or not there is a basis for an arrest.  Should the DUI specialist fail to appear in court, there is an opportunity to have the case reduced or dismissed.

Blood or Breath Testing

In the event blood or breath is taken after the arrest, the specialist who assisted in the DUI investigation and arrest must be available in court. They must be certified and cross-examined as to their training, experience and any recollection they may have of the case. Should they fail to specifically recall the events or experience, the DUI conviction may be reduced.

dui-lawsWhat This Means at Trial for a DUI Charge

Ultimately, what this means, is the prosecutor has a much tougher job than most realize. In a way, all their stars must line up at trial if they wish to obtain a prosecution. You need to hire a Reno DUI attorney who understands exactly what is required to obtain the best outcome for your case. Call Work Law today, we focus on DUI, Criminal Defense and Family Law in Reno, NV.

If you have been charged with a DUI in Reno, NV you need an experienced DUI Defense Attorney. Call Work Law today.

Get the best defense when charged with a DUI or DWI in Reno, NV

DUI: Driving under the influence. DWI: Driving while impaired (intoxicated).

To many people, this may seem like driving after having any alcoholic beverage is grounds for a DUI. However, this is not the case. In the state of Nevada, a DUI is upheld by illegal BAC (blood alcohol concentration) percentage. This means, although you may have had a drink or two, it doesn’t necessarily mean you are guilty of a DUI. In Nevada, you must have a BAC of .08 or higher, in order to be deemed legally intoxicated. (NRS 484C.020) The arresting officer must prove probable cause in order to make the traffic stop. This could be a broken tail light, erratic driving, swerving or any other behavior the officer deems to be unconventional. If you are arrested on suspicion of driving under the influence, this is not just a traffic violation. It is a criminal offense.

DUIMany people often have the misconception that a DUI is limited to only alcohol. However, a DUI applies to any of the following drugs: amphetamines; cocaine; heroin; methamphetamine; Lysergic acid diethylamide; phencyclidine; and marijuana. (NRS 484C.110)

PROHIBITED SUBSTANCEURINE (nanograms/ml)BLOOD (nanograms/ml)
(a) Amphetamine500100
(b) Cocaine15050
(c) Cocaine metabolite15050
(d) Heroin200050
(e) Heroin metabolite:
(1) Morphine200050
(2) 6-monoacetyl morphine1010
(f) Lysergic acid diethylamide2510
(g) MarijuanaOnly blood2
(h) Marijuana metaboliteOnly blood5
(i) Methamphetamine500100
(j) Phencyclidine2510

 

In Nevada, a field sobriety test is actually not mandatory. It is an optional test, which you are allowed to deny. However, failing to undergo a field sobriety test is grounds for probable cause, and the officer may administer a breath; blood; or urine sample; in order to determine the drivers state during the traffic stop.  In addition, in Nevada, when you receive a driver’s license, you give “implied consent”. What does this mean? This means, in Nevada if an officer asks for a breath, blood, or urine sample, you are obligated to do so.(NRS 484C.150, 484C.160)

If you refuse to undergo evidentiary testing, the officer will revoke your license and all of your driving privileges and may use “reasonable force” in order to have the test administered by a medical professional. You will then be unable to obtain a license/permit for a minimum of 1 year. This is dependent upon previous DUI and or evidentiary testing refusals in the defendant’s past. (NRS 484C.210) Not only does failure to undergo evidentiary testing carry some hefty consequences, but it can also be used as evidence in court.

If you have been arrested on suspicion of driving under the influence, you will want the best representation in Reno. Work Law will work closely with the prosecutor to determine what evidence has been brought forth against you. Upon review of the evidence, Work Law will weigh the options in order to receive the best plea deal possible, or take the case to trial if need be. Mathew Work will use his prior knowledge and expertise in criminal prosecution, to ensure you have exceptional criminal representation in your defense.

Convicted of a DUI or DWI?

If you’ve been charged with a DUI, you need a former criminal prosecutor in your corner. DUI laws are incredibly complex. You have options. Don’t face life-changing charges alone.

Click Link to Schedule for Legal Counsel: https://www.workatlaw.com/dui-consultation

Drunk Driving Charges and Penalties

 DUI DWI Criminal Defense Law Charges

For anyone who took the Nevada drivers test, the Blood Alcohol Content (BAC) limit should not be a surprise. The BAC limit is .08% for 21 years and older and .02% for those under 21 years old.

Beware. Alcohol is not the only substance to be cautious of. Drivers can be arrested and convicted if operating a vehicle after consuming other intoxicants like marijuana and cocaine. Whether you or a family member were driving under the influence (DUI) or driving while intoxicated/impaired (DWI), these are serious offences. In Nevada, drunk driving is the largest cause of motor vehicle fatalities.

Nevada laws are strict on drunk driving.

 

First Offense

Drivers over 21 years old and arrested of a DUI/DWI are likely facing criminal charges. The first offense DUI/DWI is a Misdemeanor. The driver will likely spend two days to six months in jail, pay up to $1000 fine, and be subject to community service hours. Additionally, if the driver is convicted of DUI or DWI their life will change in the following ways:

–          Their driver’s license will be revoked for 90 days

–          The driver will have to pay for and attend DUI school

–          They may be required to undergo a treatment program

 

Second Offense

If the second offense occurs within seven years, the DUI/DWI will be treated as a Misdemeanor. The driver will spend anywhere from ten days to six months behind bars and owe a $1000 fine. Additionally, if the driver is convicted of a second DUI or DWI the following is likely to occur:

–          Their driver’s license will be revoked for one year

–          The driver will be required to complete 100-200 hours of community service within a period set by the Court

–          The driver will have to pay for and attend DUI school

–          They may be required to undergo a supervised treatment program for up to one year

 

Third Offense

The third and any subsequent offenses are treated as a Class B Felony. This would result in imprisonment for a minimum of one year to six years. In addition to a $2000-$5000 fine, the third (or more) offense will result in:

–          A revoked driver’s license for three years

–          Suspended vehicle registration

–          Community Service hours

–          A three-year treatment program

Note: In some cases, convicted drivers may be eligible for a Restricted License for the sole purposes of getting to work and picking up children. 

 

Nevada DUI Attorney

If children are present in the vehicle or an accident or injury occurred while driving under the influence, you may be hit with the maximum penalties.  If you have been charged with a DUI or DWI get help from a DUI/DWI attorney. Attorney Mathew Work is a former criminal prosecutor and can help you fight a DUI/DWI charge.

Juvenile Crimes

 Criminal Defense Law Child and juvenile crimes blog

 

Juvenile Courts in Nevada

If your child has been charged with a crime or delinquent act, in a juvenile court in Nevada, you may question whether he or she will go to jail, get a permanent criminal record, or if you can be held financially responsible for their offense.

Law and times have changed. Laws have become much tougher in prosecuting juveniles for their crimes. Lawmakers throughout the country have been feeling the public pressure to take juvenile offenses more seriously. Crimes that were once charged as misdemeanors are now being charged as felonies. Crimes such as vandalism, gang activity, drugs or shoplifting, prosecuted by the state of Nevada are now being punished more harshly. 

In Nevada, juveniles are routinely tried as adults for serious and violent crimes instead of facing their charges in the juvenile court. 

Serious Crimes Result in Adult Criminal Charges

– Murder or attempted murder cases if a child is 16 years old and up.

– Sexual assault or attempted sexual assault cases if the defendant is 16 or older and has been previously adjudicated for an offense that would be considered a felony for an adult.

Certification as an adult must be made by the juvenile court. Usually, the prosecutor submits a motion to the court and the court conducts an investigation and hearing before certifying the child to be tried as an adult.

Crimes prosecuted by the state of Nevada can carry serious penalties such as jail time, fines and a permanent criminal record.  The juvenile system process can also be very stressful and confusing. Sometimes, parents do not realize that their son or daughter will be tried as an adult until it is too late.

Reno Criminal Defense Attorney

If a loved one is facing serious criminal charges, it is imperative that you seek the help of an attorney with legal knowledge, strategy, and practical courtroom experience as soon as possible.

 

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