A person will not be charged under the influence of drunk driving or DUI (Driving under the influence) if they are acting in such a way that they are drunk such as: unable to walk correctly or feeling drowsy. You will be charged under DUI as per the law which considers blood alcohol concentration to decide whether you are drunk driving or DUI. You will be charged under DUI if your blood alcohol concentration is 0.08 percent or above. For help contact Yampolsky and Margolis Attorneys at Law.
On the basis of your blood alcohol concentration (BAC) it is assumed that you are unfit for driving even when you are not. For conviction, a barrister only needs to prove that your BAC was too high while driving. The barrister doesn’t need to prove that you were unfit for driving.
There are other illegal substances as well which can lead to DUI (Driving under the influence) charge. These illegal substances are illegal drugs, prescription drugs, marijuana, and medical marijuana.
You should hire an experienced Las Vegas DUI defense lawyer as soon as possible on getting arrested due to DUI of alcohol or drugs charges. The lawyer and the prosecutor will work together to find that whether police is having any evidence against you. They will also look for all the options available for reducing your sentence via a plea agreement. Your case can also be handled by a good criminal lawyer from LV Criminal Defense and this lawyer might be able to proof that there was fault in BAC testing or the testing was done improperly.
DUI process after the arrest: Getting arrested under DUI charges is not considered as a traffic ticket but as a crime. You will be thrown into the criminal justice system if you are suspected of drunk driving by the police. Following steps are involved in typical DUI case:
- You will get a summons having court date on it from the arresting officer.
- Either your lawyer or you need to go to the court for the hearing. For attending this hearing in court you will need an experienced defense lawyer with you or on your behalf. In case of first or second DUI you do not need to be present inside the court and your lawyer can appear on your behalf.
- Now you have to decide that whether you want to plead guilty or not. You will be advised about all the available options by your lawyer. Your lawyer will be able to help you negotiate a favorable plea agreement if you plead guilty.
- All evidences will be gathered by your lawyer for defending you or reducing charges against you. These evidences might include lab reports, police reports and other items about which you don’t know. This can also include maintenance history of the breathalyzer test machine used on you.
- For suppressing evidence or to dismiss the case your lawyer might make pre-trial motions.
- Either through a plea your case will be resolved or will proceed to trial. On your behalf your lawyer will argue and will try to proof you innocent. If the lawyer fails then you will face a sentence hearing.
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