Reader’s Question:

My brother was charged with DUI here in Sunrise Manor, Nevada. We are planning to get the services of a lawyer. What are the things that we have to consider before hiring a lawyer?

Lucy

Sunrise Manor, NV

If your brother was charged with DUI in Sunrise Manor, Nevada, it would be a good decision for him to get the services of a lawyer. Before hiring a lawyer, you have to consider a lot of things. You have to find out if the lawyer focuses on DUI cases exclusively. A lawyer who focuses on DUI cases exclusively, he/she has an in-depth knowledge of all the particulars and nuances involved with DUI offenses. DUI lawyers have adequate knowledge about breath tests urine tests and blood analysis so they can defend their clients adequately in DUI cases.

You and your brother would also have to discuss the fees. You have to find out if the estimate fee includes Department of Motor Vehicles (DMV) hearing, expert fees, blood reanalysis, and the trial. Try to find out as well if the lawyer is licensed by the American Bar Association through the National College for DUI Defense. Aside from this, I advise your brother to insist on a written contract setting forth all costs and covered services.

Don’t forget that DUI is a criminal offense that has tough penalties. Getting the services of a DUI lawyer who is an expert in the same is always considered to be the safer option.

Tags: DUI, DUI lawyer

Reader’s Question:

I was convicted for DUI here in Nevada. It was my first DUI conviction. I was told that I can actually clear my DUI record as if I was never convicted. Is that true, and if it is, how can I do that?

Leon

Paradise, NV

Yes, it’s true that you can clear your DUI record in Nevada and have a clean slate again, as if you were never convicted. You can do that by having a DUI expungement. Depending on the expungement order, this may mean record clearing in the criminal court records as well as removal from police arrest records and any other agencies that have copies of the record. It is not available in every state but it is allowed in Nevada. It is a good way of officially getting rid of a past mistake.

Even if the state of Nevada allows expungement, not everyone is eligible for it. It is actually not a right but a privilege granted by the government. I certainly hope that this is only your first DUI conviction because expungement is reserved for first time offenders with legitimate reasons and/or concerns to expunge their records who also file the necessary paperwork properly and pay the associated fees.

DUI expungement can actually allow you to pretend that DUI conviction never happened. In job applications, if you were asked if you have ever been convicted, you can honestly answer ‘”no” if you haven’t had any other charges aside from DUI.

Reader’s Question:

I’m 16 years old and just got my student driver’s license. I don’t drive and drink, though. But my sister was charged with Nevada DUI and I want to know a lot of things about it. She mentioned something like a DMV hearing. Is this the same as the criminal court trial?

Zack

Las Vegas, NV

No, the Department of Motor Vehicles (DMV) hearing is not the same as the criminal court trial. In the state of Nevada, if a driver was charged with DUI, this would actually result on two different cases. The first one is the criminal case wherein criminal charges are filed against a person for driving under the influence. The second case is an administrative case where the DMV will seek to suspend your license for a period of time unless you request for a formal hearing within seven days of the arrest, the temporary license will expire and the suspension will automatically begin.

Generally, the hearings are conducted by an “Administrative Law Judge” about four to seven months after the arrest. It is normally conducted in a way somewhat similar to civil and criminal trials, but with an administrative judge and without a jury. The police officer who made the arrest will be present to testify and be cross-examined by your DUI attorney. Your attorney may, of course, also present other evidence and/or witnesses. It is often strategically to your advantage not to be there although you may still be present and testify.

The judge would usually not give decision at the close if the hearing but will most likely notify your DUI attorney in about 30 days. If you plead guilty or “no contest,” the DMV hearing becomes open for debate, but your driving privileges will be suspended.

Reader’s Question:

My husband has two prior DUI convictions here in Nevada. He was just recently charged with a third offense. What do you think will happen to him if he pleads guilty?

Charmaine

Henderson, NV

I don’t want to keep your hopes up but you may like what I would have to tell you. Taking an actual Nevada DUI case as an example, your husband may avoid serving time in jail and defer sentencing in his DUI case. Under the Nevada law, he can avoid sentencing in his third DUI case by pleading guilty and agreeing to six months of house arrest and five years of substance abuse treatment.

If your husband adheres to all the conditions of the possible probation, he may have his sentencing deferred for up to five years, including
-no drugs or alcohol
-six months of house arrest
-A 3-5 year treatment program
-random search and seizure for drugs and alcohol
-installing an ignition interlock device in any motor vehicle he operates
He must pay for all of these programs and requirements under the Nevada law. This would be a trade off most people would agree to avoid jail time.

Reader’s Question:

I have been charged with DUI here in Nevada and this is my first offense. I was told by someone that most people accused of DUI are guilty. Is this true?

Melissa

Reno, NV

This is the number one and perhaps the most troubling myth about defending DUI suspects. A DUI lawyer who believes this should never represent someone accused of DUI.

In a staggering majority of Nevada DUI cases in which a chemical test is obtained by the arresting officer, a breath analysis machine is used, not a blood test. This primary evidence is vulnerable to attack by a skillful Nevada DUI defense lawyer. The breath machine is so unsophisticated that virtually no scientist would ever trust the results as a basis for scientific investigation. A good Nevada DUI lawyer knows how to challenge the reliability and accuracy of this machine even though the state has approved the machine.

Recent scholarly studies have shown that most officers either improperly instruct the DUI suspect on how to perform field sobriety tests or require the wrong tests. A DUI defense lawyer can obtain a pre-trial ruling that the tests and their alleged indication of impairment must be excluded from evidence due to faulty instructions and lack of scientific foundation.

Another thing that you will need to take note is that any other observation evidence from the arresting officer will be generally inconclusive and subject to many interpretations by experts. An example is that having bloodshot eyes can be caused by other conditions than being drunk, including lack of sleep, contact lenses or allergies. Your DUI defense attorney should analyze the evidence that will likely be presented and take time to investigate your medical background and the environmental contaminants you have been exposed to.