Effective Representation is Key
Even if you don’t think the situation is a big deal you still need a Las Vegas DUI lawyer. Because this is a common crime across the United States people have a tendency to overlook the severity of the consequences. Don’t look to skip over retaining representation. There is a lot more at stake than you may realize.
Here are just a few of the consequences that you may face if convicted of a DUI:
* Jail time
* Loss of driving privileges
* Community service
* Increased auto insurance rates
* Loss of job or future job opportunities
With all of this on the line, you just can’t take a chance with trying to downplay the situation. Before you do anything else you need to track down an attorney that can clearly explain what you should do and how they will work to defend you. We know you need someone you can trust because you are putting your life in their hands.
You don’t just need a Las Vegas DUI lawyer. You need someone that has represented other people in similar situations. You need someone with a proven track record. You need someone that has tried over 100 DUI cases. You need The Law Offices of Erik Zentz ESQ on your side from the very beginning. Call today to set up a free case evaluation.
CALL ZENTZ & ZENTZ TODAY: (702) 800-3190
DUI offenses are taken very seriously in the state of Nevada. The law does not allow for a reduction of a DUI to a lesser charge without having a factual basis to do so, or a problem with proving the case beyond a reasonable doubt. This makes hiring a DUI attorney that is knowledgeable of the law extremely important and should be the first thing you do.
What The Law States
To be found guilty of a DUI in Nevada a person must be found to violate Nevada Revised Statutes 484C.110. This statute basically states that a person is guilty of driving under the influence if they have a BAC of .08 or more in his/her blood or breath, or are under the influence of a controlled substance while operating or exerting actual physical control of the vehicle.
Implied Consent In Nevada
Until recently Nevada had an Implied Consent Rule. This rule meant that by obtaining a Driver’s License in Nevada, or even driving in this state, a person gave automatic consent to providing a blood or breath sample for chemical testing if the police believed that the person was driving under the influence. Unlike other states a person could not refuse testing, and if a person refused to provide a sample the police could physically restrain and force the blood withdrawal.
However, the United States Supreme Court and the Nevada State Supreme Court have since issued rulings that a person must actually give consent (absent some exceptions) to providing a blood or breath sample and if the testing is refused then the police must obtain a search warrant for the withdrawal of the person’s blood and can then force the blood draw.
Blood Alcohol Level
In Las Vegas, Nevada, the prohibited blood alcohol content (BAC) level is .08 or more if the person is 21 years or older. A person in possession of a commercial driver’s license (CDL) need only have .04 or more BAC. Also, a person who is under the age of 21 need only have a BAC of .02 or more.
The blood alcohol content (BAC) is determined based upon which type of sample the person provided, blood or breath. If a person provides a breath sample at the jail the Intoxilyzer 8000EN breath machine will make the determination instantly. If a person provides or is forced to provide a blood sample then the blood sample must be tested by an expert which can take up to 6 months to determine.
Actual Physical Control
In Las Vegas a person must have been seen to be either operating the vehicle or in actual physical control of it to be convicted of the DUI. Actual Physical Control (APC) simply means that even if the vehicle wasn’t actually moving a person could still be found guilty of a DUI. Certain factors would need to be shown against the person to prove they were in actual physical control of the vehicle.
The factors that can tend to prove APC include; whether the person is seated in the driver’s seat, where the keys are, where the vehicle is parked, and many other factors.
An experienced Las Vegas DUI attorney will be able to examine the factors and determine if APC can apply to you.
You don’t just need any Las Vegas DUI attorney, you need someone with a proven track record. You need someone that has tried over 1000 DUI cases. You need Zentz & Zentz Attorneys at Law on your side from the very beginning. Call today to set up a free case evaluation.
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“Erik was awesome! When I got my second DUI I didn’t know where to turn. My first DUI experience was terrible and the lawyer was awful so I didn’t want to go back to him. One of my friends had used Erik for a different criminal matter the year before and got great results so I went in to talk with him. He was great and seemed to really know his stuff so I hired him on the spot. Best decision I’ve ever made. Even though it was my second DUI I only got convicted of a first DUI. So happy! I’ll tell anyone to hire Erik from now on.”Rebecca
“Erik is a fantastic lawyer. He communicated with me very well, even when I probably went a little overboard with phone calls to his office. He spent a good deal of time with me during my initial consultation for DUI and made me feel at ease during a very stressful time! He took time with my case and ended up getting me a reckless driving. I am forever grateful. I would recommend him to anyone that has any type of criminal defense issue. A+ lawyer all the way.”Annonymous
“Erik is an experienced DUI lawyer who quickly gets the issues in any case. He has taken many criminal cases to trial and is ready to defend his clients vigorously. He genuinely wants the best for his clients and gets them great results.”Ryan A.