DUI Drugs, or Driving Under the Influence of Drugs, is one of the most common charges in Las Vegas.
Because of Las Vegas’ round the clock party atmosphere, locals and tourists alike often don’t realize that Nevada’s DUI and drug laws against DUI Drugs can be unfairly harsh.
All defendants charged with DUI Drugs deserve a criminal defense attorney that understands Nevada’s DUI drug laws and important exceptions that can protect your rights in a DUI drug case.
This information is especially important if you’re being charged with your first offense DUI.
Because of this simple truth, DUI Drug offenses can often be more difficult for the State to prosecute.
The preliminary Blood Alcohol Level (BAC) that is so common in typical DUI no longer applies, the facts of your DUI drug case have extra importance.
Your criminal defense attorney should explain how your unique facts compare to the Nevada laws on DUI drugs before you decide how to move forward with your case.
Some of the many potential pitfalls that can interfere with the criminal prosecution of your DUI drugs case are the following:
For a person charged with DUI drugs, Nevada Revised Statutes 484C.080 shows which drugs can act as controlled substances or drugs for purposes of DUI drugs.
Your criminal defense attorney should always be aware of the specific substance that the State is claiming makes you guilty of DUI Drugs to determine if there is an exception that fits your case.
1. Excluding blood results that are outside of 2 hours in DUI drug cases
When a person is charged with DUI Drugs the strongest evidence the State usually has available is the blood test results.
If there is an illegal drug substance found in your blood the State has a strong presumption that you were driving under the influence of that drug.
However, when the blood test results are taken past two hours from the time of your arrest, your criminal defense attorney can make sure the blood test results cannot be used as conclusive proof of DUI. This simple procedure can make a power difference in your DUI drugs case.
2. Missouri v. McKneely is the new Supreme Court case that can change you DUI drugs case
The Supreme Court recently determined that in a DUI or DUI drug case if you do not consent to a blood draw the police must obtain a warrant before drawing your blood.
If the police fail to obtain a warrant then the blood test results for your DUI drug case can potentially get excluded.
If you did not give consent to the police and the police failed to get a warrant before drawing your blood you may have a McKneely issue.
With a motion to dismiss based on a lack of consent and a lack of a warrant your blood test result can potentially get excluded.
Your criminal defense attorney should understand the exceptions and defenses related to your drug driving charge.
An experienced criminal defense attorney understands that because DUI drugs typically has more exceptions and defenses available your DUI drugs case deserves special attention.
Penalties for second and third DUI offenses and DUI drug offense can be much greater than for a first DUI offense. However, if you are facing your first DUI offense, a prosecutor can attempt to give you nearly all the same penalties that a second DUI offender receives.
Unfortunately, many prosecutors overzealously prosecute DUI drug cases.
If you are facing a drug driving charge in Las Vegas don’t be a victim of an ambitious prosecutor who wants to throw every penalty on the books at you.
This is especially true if you are facing your first DUI. Aggressive and experienced Las Vegas criminal defense counsel will make sure that you’re not run through the DUI and DUI drug mill.
Our office is providing free consultations for people facing DUI Drugs and other drug related charges.
Even if you’re out-of-state you can have an in-depth telephonic consultation about your DUI drug case.
Every person charged with DUI drugs deserves to know what they are facing and their legal options.
Our number: 702-432-1000.
Heshmati & Associates Law Offices provide criminal defense solutions to clients charged in Las Vegas, North Las Vegas, Henderson, Laughlin, Mesquite, and throughout Nevada.