Reader’s Question:

I heard that my brother was required by court to have a course on victim impact panel because of his DUI case in Carson City, Nevada. What does this mean and is it possible for him to take this course online?

Princess
Carson City, NV

A Victim Impact Panel intends to show how DUI cases impact people. It would also give an outlet to victims of DUI for sharing their stories. Moreover, it could also help others in the community, which includes those who are DUI offenders, to gain a greater understanding of how serious the consequences of drinking and driving can be. This course mainly consists of video presentation which is designed to help show the impact of DUI’s on different people’s lives. After each of the videos, a series of questions should be to demonstrate participation and understanding of the presentations. The video presentations are personal stories shared by those impacted by DUI accidents.

If your brother was required by court to have a course on victim impact panel because of his DUI case in Carson City, Nevada, he would have to ask the court if he can take the course online. Most courts in the State of Nevada accept an online course, but we can’t say for all courts. The court may have referred him to a certain online course but he can contact his DUI lawyer or the court for further verification.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

Just to add to my knowledge on DUI, I need to know some things about blood alcohol testing to be ready just in case I get caught drunk driving in Spring Valley, Nevada. What are the factors that can affect how quickly the blood alcohol level rises in the body?

Suzie

Spring Valley, NV

Here are some thoughts on blood alcohol testing to get you ready in case you get arrested for DUI in Spring Valley, Nevada (but I still hope you don’t). In using the blood alcohol test to measure the blood alcohol content (BAC) of a person who is suspected for DUI, there are actually a lot of factors which could affect how quickly the BAC level rises in the body. One factor is the number of alcoholic drinks per hour. As the person increases the number of drinks per hour, the blood alcohol steadily increases. Another factor would be the strength of alcohol or the proof or percentage in the drink.

The person’s weight is another factor that can affect how quickly the BAC rises. The more the person weighs, the more water is present in the body which dilutes the alcohol and lowers the BAC level. The person’s gender is one other factor because a woman’s body typically has less water and more fat than a man’s body. Alcohol doesn’t go into fat cells as well as other cells, so a woman tends to keep more alcohol in their blood than a man does. Also, the hormones of a woman could affect the breakdown of alcohol.

Tags: blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My deer cousin was charged with DUI here in Sunrise Manor, Nevada and his case is already proceeding to trial. His lawyer is already planning on filing suppression motions. Can a DUI case be won by filing a motion to suppress?

Fraser

Sunrise Manor, NV

It is very important for your cousin’s DUI lawyer to file suppression motions for his DUI case in Sunrise Manor, Nevada. According to many experts, not filing the pre-trial motion is a huge mistake and maybe the most common mistake according to others. To tell you frankly, suppression motions do not succeed very often, but a DUI case can still be won by filing them. In general, a DUI stop is justified if the driver was weaving from lane to lane but weaving within a lane may not make the stop justified. Whether they would admit it or not, suppression motions could resonate with a judge.

Even if they lose the suppression motions, it would still be equally important because it would provide an opportunity to question the arresting officer. The police officer could be asked a broad range of questions. The testimony of the officer could be used at trial as well as in plea bargaining. If the officer’s testimony is different in the administrative hearing, the pre-trial hearing, and again at the trial, the stronger the DUI case would be and this is very likely to happen.

Tags: DUI, DUI lawyer, DUI trial

Reader’s Question:

My sister has been recently arrested for DUI here in Paradise, Nevada but I haven’t gotten the chance to talk to her about it so I didn’t know the exact details of her case. But what if she was not read her Miranda rights, what can we do about that?

Edison

Paradise, NV

Your sister’s Miranda rights would only apply if a police officer tried to question her when she was under arrest or in custody. Once she had become the focus of the investigation, the officer should have read her Miranda rights prior to asking her any incriminating questions or interrogating her.

If the police officer in Paradise, Nevada asked your sister when she should have been read her Miranda rights, the only consequence is that those questions and answers would be suppressed in court (which means that her statements will be thrown out and cannot be used against her and the jury will never hear them). But if she testifies differently than what she told the police officer at the scene, her prior statements could be admissible in court in an attempt to impeach her testimony. Accordingly, a police officer could violate your sister’s rights and potentially still be able to use those statements against her. This would illustrate the need to hire a qualified DUI lawyer because your sister’s freedom is on the line.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

I live in Las Vegas, Nevada and I was already asked to stop once because I was suspected to be intoxicated but I was not arrested. I passed the tests they asked me to do but I’m very much curious about one of the tests wherein they moved a penlight in front of my eyes, what is this kind of test?

Dale

Las Vegas, NV

You are lucky enough not to be arrested for DUI in Las Vegas, Nevada because if you will be convicted, the consequences are harsher than ever. But anyways, when you were asked to stop because of DUI and the officer moved a penlight in front of your eyes, this is one example of a standardized field sobriety test (FST) and is called the horizontal gaze nystagmus test (HGN). During this test, a driver will be asked to follow the light with the eyes. The officer would estimate the angle at which the eye twitches; if this happens at less than 45 degrees, it is considered a sign of high blood alcohol content (BAC).

HGN is relatively new to FST’s and they say that it is fairly accurate if administered properly. Nystagmus is an involuntary twitching of the eye and usually occurs when a person uses their peripheral vision by looking sharply to the side, at about 45 degrees, with the head held in the forward position. If a driver is under the influence of alcohol, the twitching occurs at a lesser angle and the person has difficulty following the object with his or her eyes.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I’m here in Reno, Nevada and have been caught driving with some bottles of beer and now I have my date to the court. My real question is if it would really be necessary to get an attorney for my DUI case or should I just let the system decide and accept my verdict?

Herson

Reno, NV

These days there are as much reasons to find an attorney to represent you as there are to choose not to. Going through a DUI case can be a very long, exhausting and overwhelming experience, with all the court dates and legal paperwork and a lot of other things you never thought you’d have to deal with, especially for first-timers. Lawyers can be expensive, however with the prospect of having to pay fees in the thousands, losing your license or worse, going to jail, you may want to consider getting someone who can help you navigate the legal system.

A DUI attorney will help you understand the exact situation you are facing and all the DUI laws you will need to know, the consequences that comes with your case and options on how to avoid it, maybe even lessen your charges or avoid being sent behind bars. A DUI attorney will know what arguments to use and how to present you in the best possible light during the hearing. A public defender may not be able provide you the same advantages. A DUI attorney will also make sure you file all necessary paperwork on time, hopefully saving you from losing you license prematurely. If you have several DUI cases or convictions in you record already, not having an attorney is very dangerous. In cities like Reno, Nevada, you may be surprised to know that there are a lot of attorneys who can actually provide free consultations for potential new clients. Feel free to contact one and allow them to discuss exactly how they can help you. Remember, it’s better to have someone telling you the right things to do instead of learning it the hard way yourself.

Tags: DUI, DUI arrest, DUI lawyer

Reader’s Question:

A very close friend was arrested for his first DUI in Henderson, Nevada and none of us actually really know what happens after a DUI arrest. All we know is that he would have to attend the DMV hearing first. So what happens after the DMV hearing of his DUI case?

Caden

Henderson, NV

After the DMV hearing of your friend’s DUI case in Henderson, Nevada, the next stage would be the arraignment. This would be his first ever court date and this happens about 30 to 90 days after his DUI arrest. During the arraignment, he would enter a plea of guilty, not guilty or no contest. After that, there would be a pretrial conference wherein his DUI lawyer would discuss his DUI case with the District Attorney and negotiate the best possible plea bargain. The date of the pretrial conference would be set by the Court and his DUI lawyer on his calendar.

After the pretrial conference, the next stage in a DUI case would be the suppression hearing. Some or even all the evidence against him could be suppressed by the Court if his constitutional rights have been violated. The DUI lawyer would file motions to suppress. This usually occurs within six weeks to three months after the pretrial conference. Then after that, the next stage would be the trial. Since this is his first offense, his DUI case is a misdemeanor so he will not be entitled to a jury trial. After the conviction at trial or after a plea bargain is accepted and a plea entered, the Court would impose a sentence. Sentences for DUI include fines, jail time, in-home detention, community service and alcohol classes.

Tags: DUI, DUI arrest, DUI lawyer, DUI trial

Reader’s Question:

Just a few days ago, I was charged with DUI here in North Las Vegas, Nevada. I’m very much concerned about my driver’s license being suspended. How can a DUI lawyer help me in saving my driver’s license?

Bridgette

North Las Vegas, NV

There are a lot of things that a DUI lawyer can do to help you save your driver’s license after being charged with DUI in North Las Vegas, Nevada. A DUI lawyer could request a hearing and request the police officer’s presence. By doing so, it could even give you a preview of a trial which is rare in criminal cases. The police officer who signed the notice of hearing and affidavit should show up and justify the revocation of your driver’s license and other police officers may be subpoenaed.

If you hire a DUI lawyer, he/she could retest the sample of your blood alcohol test because testing errors could save your driver’s license. He/she would also investigate the legality of the DUI stop because the police officer should have had a reasonable suspicion that a crime or traffic infraction was committed when you were arrested for DUI. The DUI lawyer could also check the times of the event because police officers should administer field sobriety tests within certain guidelines. He/she could also check the labelling of the sample because it should be identified as being yours. Most especially, a DUI lawyer would attend the Division of Motor Vehicles hearing and listen for fabrications and other errors on your DUI case.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I know that after being arrested for drunk driving in Reno, Nevada, there are going to be two different cases that will be charged to me. Could you explain to me why there are going to be two separate DUI charges?

Mackenzie

Reno, NV

The two different drunk driving cases that can be charged to you after being arrested for DUI in Reno, Nevada are having blood alcohol content (BAC) that is more than the legal limit of 0.08% and the other one is having your ability to drive impaired. There could be several reasons for being charged with two separate offenses. One reason involves something that most of us have experienced ourselves: alcohol tolerance. There are actually two types of people when it comes to drinking alcohol. One is those who drink large quantities and can somehow still appear relatively sober and the other one is those who have one or two drinks and are, as they say, three sheets to the wind. Being charged with two different offenses allows people in both groups to be convicted of drunk driving.

A person who has high tolerance in alcohol may appear to be sober, and even pass field sobriety tests in spite of having a BAC that exceeds the legal limit. This person, in principle, would be guilty of the first offense, but not necessarily the second. On the opposite, a person may be unable to drive safely even with BAC below the legal limit would be guilty of the second offense but not the first.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I really can’t believe that the police officer said things that are misleading in the police report for my DUI case here in Sparks, Nevada. How could I fight my DUI case if the police report has these things that are not true?

Prince

Sparks, NV

This happens all the time that is why this is not so hard to believe for me and a lot of people underestimate how good their DUI case is. A police officer is very rarely going to say anything good about the person he just arrested. And in a DUI defense, it is usually a bad strategy to claim that the police officer is lying because most people would not believe it.

The job of the DUI lawyer is to bring up the positive things in your DUI defense that would make you look innocent in your DUI case in Sparks, Nevada. The DUI lawyer could argue that the police officer was sloppy, careless and simply mistaken. With a reasonable doubt on your side, you can just simply win your DUI case. Your DUI lawyer could go over the police report with you and tell you what he/she can do to refute the police officer’s claims and that is what a good DUI lawyer does. He/she would have a lot of ideas on how to successfully challenge and beat your DUI charge. So if you’re going to court, having an experienced professional DUI lawyer would give you a chance of winning over your DUI case.

Tags: DUI, DUI advice, DUI lawyer