THE TEN MOST FREQUENTLY ASKED QUESTIONS ABOUT DUIS

DUI - THE TEN MOST FREQUENTLY ASKED QUESTIONS

1. What driving behaviors do officers look for when searching for drunk drivers on the road?

    According to research conducted by the National Highway Traffic Administration, a person is driving while intoxicated if one or more of the following driving behaviors are observed:

    1.    Turning with a wide radius

    2. Straddling center lane marker

    3. "Appearing to be drunk"

    4. Almost striking object or vehicle

    5. Weaving

    6. Driving on other than designated highway

    7. Swerving

    8. Speed more than 10 miles below limit

    9. Stopping without cause in traffic lane

    10.    Following too closely

    11.    Drifting

    12.    Tires on center or lane marker

    13.    Braking erratically

    14.    Driving into opposing or crossing traffic

    15.    Signaling inconsistent with driving actions

    16.    Slow response to traffic signals

    17.    Stopping inappropriately

    18.    Turning abruptly or illegally

    19.    Accelerating or decelerating rapidly

    20.    Headlights off

1. What should I say when I'm stopped by a police officer and he asks me if I've been drinking?

Say as little as possible!

2. During the initial stop and detention, what is the police officer looking for?

 1. Flushed face

    2. Red, watery, glassy and/or bloodshot eyes

    3. Odor of alcohol on the breath

    4. Slurred speech

    5. Fumbling with wallet to get license

    6. Failure to comprehend the officer's questions

    7. Staggering

    8. Swaying/instability

    9. Leaning on car for support

    10.    Combative, argumentative, jovial or other inappropriate attitude

    11.    Soiled, rumpled disorderly clothing

    12.    Stumbling

    13.    Disorientation as to time or place

    14.    Inability to follow directions

4.      Do I take a field sobriety test, if asked?

     NEVER TAKE ANY ROADSIDE TESTS!!! You are not legally required to take any field sobriety tests..

5.      Which chemical test should I choose?

    In Nevada you have a choice of breath or blood.

    However you should NEVER consent to ANY tests and make the Police get a warrant because the chemical test for alcohol is NOT admissible if it is taken more than 2 hours from the time of driving.

6.      Does an Officer have to give me Miranda warnings at the initial stop?

    No.  . But taking of the roadside tests is NOT testimonial, so even if Miranda warnings are not given, the results will NOT be excluded.

7.      If there is a presumption of innocence, how can an officer take my license and serve me with a notice of suspension? driving as privilege not a right

8.     Should I represent myself or get a lawyer and how much will it cost? Never

 represent yourself. There is an old saying: “Anyone who represents himself has a fool for a client” Defending "Drunk Driving" is a very complex field of law with a plethora of complicated procedural, evidentiary, constitutional, sentencing and administrative license issues. A qualified attorney can review the case for procedural and/or constitutional defects, suppress evidence, compel discovery, independently analyze blood samples, obtain experts, negotiate a lesser charge or reduce sentence and contest the DMV suspension hearing.

    The fee for retaining an attorney to represent you will depend on various factors:

    1.   Geographic location of the offense

    2.   Whether the offense is a misdemeanor or felony

    3.  Experience of the Attorney

    4.   Whether there has been a prior DUI conviction

    5.   Fee may or may not include trials or appeals

    6.   Client Costs for experts, service of process, independent analysis

    7.   DMV Hearing may or may not be inclusive.

Remember you get what you pay for!the cheapest attorney most likely is not the best one that can get you the result (a non-dui disposition). You can’t expect to pay for a Yugo and get a Mercedes

9.     What is the punishment for drunk driving?

    In Nevada, punishment for a first time DUI is:

Minimum 2 day and maximum of 6 months in jail or 48 hours of community service; and a fine of not less than $580 nor more than $1175;attend a victim impact panel and complete at a DUI education course ( which you may do online)You also lose your license for 90 days

    Punishment for a second conviction for DUI (within 7 years) is:

Minimum of 10 days and a maximum of 6 months in the Detention Center; and a fine of not less than $950 nor more than $1,175; you must install a breath interlock device in your car, do a minimum of 100 hours and a maximum of 200 hours of community service; and the court may order a treatment program per NRS. 484.37945. You also lose your license for 1 year.

    Punishment for a third or subsequent conviction for DUI (within 7 years) is:

Category B felony with a minimum of 12 months and a maximum of 72 months (NON-PROBATIONABLE) in the Nevada State Prison; and a fine not less than $2000 nor more than $5000. Also, A DUI with death is also NON-PROBATIONABLE) You also lose your license for 3 years.

10.   Are there defenses in a DUI case?
YES

  a)      The state must prove that a person was driving (or in actual physical control of the vehicle) while intoxicated. This may be hard to prove in cases of accidents where there are no witnesses as to who was driving the vehicle.

    b)      Evidence can be suppressed if the police officer did not have legal cause to stop, (no reasonable suspicion) detain, and no probable cause arrest to  DUI checkpoints present particularly complex issues.

    c)      If Miranda warnings were not given at the appropriate time, statements may be suppressed.

    d)      If an officer fails to give implied consent warnings, test results may be inadmissible in some states.

    e)      Inaccurate blood-alcohol concentration test results

    f)      Officer's subjective observations and opinions as to whether a driver is "under the influence"

    g)      Testing during the absorptive phase, (not the elimination phase), may cause inaccurate test results.

    h)     The officer failed to get a warrant to take blood.

    i) The blood results for alcohol were taken more than 2 hours from driving.