If you have been arrested in Nevada for driving under the influence (DUI), it is likely that you were either stopped for some alleged driving violation, stopped at a DUI sobriety checkpoint, or involved in an accident.
In either case, you are likely to have been given a battery of standardized field sobriety tests. These tests were developed by the National Highway Traffic Safety Administration (NHTSA). You were also likely given a preliminary breath test (PBT test) which involves a hand-held breath-testing device utilized at the scene of your arrest.
When you were arrested and taken to a local jail facility, you were also given a breath or blood test. The breath tests are indirect measurements of your blood-alcohol level. The breath-testing devices presently in use have a margin of error and they can be attacked for their lack of accuracy.
You should have been given your choice of a blood or breath test and, if you chose the blood test, it also has a margin of error, although not as great as the breath test. If you take the blood or breath test and your blood-alcohol level is .08 or greater, or if you refuse either test, you face both administrative sanctions from the Nevada Department of Motor Vehicles as well as criminal penalties in your court case.
In most other states, you can be convicted of driving under the influence of drugs, even prescription drugs. Nevada has blood level limits for certain drugs, including marijuana, and these limits are extremely low. If your blood contains a prohibited substance exceeding the limits, then you can be prosecuted for driving under the influence. If the arresting officer has reasonable cause to believe that your blood level exceeds the limits for either alcohol or drugs, then he can use reasonable force to require a blood test.
If the blood or breath test reveals that your blood or breath exceeds the limits in either alcohol or drugs, the Department of Motor Vehicles will suspend your driving privilege in Nevada. The administrative suspension of your drivers license by the Nevada Department of Motor Vehicles is independent of any criminal penalities you face in your court case. See Administrative Penalties for more information.
The Law Office of William Cole has extensive experience representing clients in driving under the influence (DUI) cases in courts in Washoe County, including Reno, Nevada and Incline Village, Nevada, as well as Carson City, Nevadas and Douglas County, Nevada, including Stateline, Nevada and Minden, Nevada, as well as at hearings before the Nevada Department of Motor Vehicles. Call (775) 588-2800 for a free initial consultation and experienced and aggressive representation if you are arrested for a driving under the influence (DUI) violation in the Reno-Lake Tahoe area.
Attorney William Cole is a member of or is affiliated with the following legal organizations:
- The California Bar Association
- The State Bar of Nevada
- The Nevada Justice Association
- The Washoe County Bar Association
- The National Association for Criminal Defense Lawyers (NACDL)
- National College for DUI Defense
- California DUI Lawyers Association
Mr. Cole is a designated a specialist with the California DUI Lawyers Association.
The law offices of William Cole welcomes inquiries and understands your concerns and questions concerning your case. The initial consultation is free and with no obligation. Attorney William Cole and his staff are happy to provide you with straight talk concerning your case.
William Cole