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 that 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 the 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 the scene.
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 the 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.
What 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 Carlson & Work 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 Carlson & Work today.