Christiansen Trial Lawyers

CONTACT OUR LAW FIRM : 702-240-7979

Trial Lawyers When You Need It Most

3 defense strategies for those facing Nevada DUI charges

On Behalf of | Mar 11, 2022 | Criminal Defense

Driving under the influence (DUI) charges sometimes result from a person causing a crash. Police officers frequently administer chemical tests after collisions to validate or rule out chemical impairment as a cause.

A significant percentage of DUI arrests in Nevada don’t stem from a crash but rather from individual traffic enforcement efforts. An officer pulls someone over because they spot something that makes them suspect impairment. During the traffic stop, they will likely ask the driver to perform field sobriety tests and chemical tests.

Failing those tests will result in arrest and likely in DUI charges. Those facing such allegations have several options for defending themselves.

Challenge the breath test results

Chemical breath tests might seem like conclusive evidence that someone had alcohol in their system at the time of the crash. However, there are many reasons why breath tests are inaccurate and sometimes unreliable. Issues ranging from improper calibration to changes to the software could potentially lead to an inaccurate test result.

Challenge the validity of the traffic stop

For a police officer to stop your vehicle, they need to have a justification. Although they don’t have to suspect impairment to have grounds to test you after interacting with you, they do need some kind of easily-explainable reason for initiating the traffic stop.

If you believe you were the victim of racial profiling or if the officer did not explain why they pulled you over, you may be able to challenge the traffic stop and any evidence gathered during the stop.

Provide an alternate explanation

Were you unaware until after your release from jail that you had suffered a mini-stroke? That could explain your driving behaviors and also why you slurred your speech. Diabetes issues might explain why you failed the breath test. If there are personal or medical explanations that can raise a question about whether you were really under the influence, that information could play a role in your defense strategy.

Although many people plead guilty to DUI charges because they think they have no choice. Mounting a defense is often an option even if the state has chemical evidence. Fighting back against a DUI charge protects you from a criminal record and other major consequences.