The Las Vegas DUI penalties for getting pulled over for driving under the influence (DUI) come with potential serious consequences, including fines, community service, jail time, and driver’s license suspension. However, knowing your rights and understanding the process can put you in the best position to have a strong defense.
Our Las Vegas DUI lawyers share insight that can help you protect your rights and possibly save you from more extensive legal issues. Here’s what to do if you are pulled over or arrested for DUI in Las Vegas.
Carefully Pull Over Right Away
As soon as you see the police officer’s flashing lights behind you, take a deep breath and do your best to remain calm. Turn on your turn signal to let the officer know you are looking for a safe place to pull over. Carefully change lanes as you make your way to the far-right side of the road. Once you are out of the way of moving traffic, slow down until you come to a complete stop.
As you wait for the officer, turn off your engine, roll your window down all the way, and remain in the car. At this point, do not make frantic movements to find your wallet or dig through the glove compartment for your registration.
Be Respectful and Polite with the Officer
Let the officer speak first without interruption. Respond respectfully and appropriately when asked to provide your license and registration. Remember, being hostile or rude with the officer will not help you get out of a ticket or DUI charge.
Additionally, keep your hands where the officer can see them at all times. Sudden or furtive movements can quickly escalate the situation or lead to heightened suspicion by the officer. If you are asked to get out of the car, you are legally required to do so. Carefully exit the vehicle and do not resist or run.
Consider Exercising Your Right to Remain Silent
Another important thing to remember during a DUI traffic stop is that you have the right to remain silent and refrain from saying anything that could incriminate you. This includes answering questions about:
- Where you are coming from
- Where you are going
- If you have been drinking
- What you were drinking
- How many drinks you have had
If you choose to invoke your right to remain silent, say this clearly to let the officer know. While it might be tempting to explain your side or argue that the officer is wrong or being unfair, staying silent keeps you from saying things that can be used against you in court.
Know That Field Sobriety Tests Are Voluntary
Any field sobriety test (FST) for suspicion of DUI in Las Vegas is voluntary and not required by law. You do not have to submit to these tests, even if the police claim they are mandatory. The standard FSTs include:
- One leg stand (OLS) test – Standing on one leg for a set time to measure balance.
- Walk and turn (WAT) test – Walking heel-to-toe in a straight line to evaluate a person’s balance and coordination.
- Horizontal gaze nystagmus (HGN) test – Seeing if the eyes jerk involuntarily when following an object, which is connected to alcohol consumption.
While you are not required to take part in FSTs in Las Vegas, remember that refusing these tests can also hold consequences. The officer will most likely order a breath or blood test to determine your blood alcohol concentration (BAC) and arrest you for DUI.
If you choose to take the FST, know that the reliability and accuracy rates of these tests are low, and it is possible for a sober person to show signs of intoxication under certain circumstances.
Outside factors and testing conditions that can impact results include:
- Poor lighting
- Rainy or windy weather conditions
- Officer made mistakes when administering the test
- Officer did not properly explain FST instructions
- Medical conditions
- Response to officer intimidation or misconduct
Remember Implied Consent in Nevada
Under Nevada’s implied consent law, anyone driving on roads or highways that are open to the public are deemed to have already consented to evidentiary tests if pulled over for suspected DUI. In plain words, the act of driving on a public roadway in the state means you have agreed to breath or blood testing to determine BAC.
If you refuse evidentiary testing, law enforcement can:
- Get a warrant to force a blood test
- Use reasonable force to obtain a blood sample
- Revoke your driver’s license for at least one year (even if the DUI charges are dropped)
- Use your refusal as evidence of guilt in a trial
However, there are some limitations to the implied consent law. It is also possible for drivers to experience mistreatment in connection to the law’s requirements. Our skilled DUI attorneys can use these factors and potential testing errors to build your defense.
Gather Contact Information from Potential Witnesses
If there were passengers in your car or if you spoke with someone before being pulled over for DUI, they could be important witnesses to support your case. Witnesses can give statements confirming that you were coherent, alert, and speaking clearly at the time, which can create a reasonable doubt of alcohol impairment.
Request a Nevada DMV Hearing Within Seven Days
After a DUI arrest, you will only have seven days to request a Department of Motor Vehicles (DMV) hearing to challenge your driver’s license suspension. If you fail to contact the Nevada DMV within those seven days, your license is automatically suspended, and you could lose your chance to fight it.
While a DMV hearing is separate from your criminal case, you must win both the hearing and the DUI court case to avoid having your license suspended. However, you can request a temporary driver’s license as you wait for the results of the DMV hearing.
RELATED: Driver’s License Reinstatement After a DUI
Work With a Trusted DUI Lawyer in Las Vegas
If you were arrested for DUI, contact our Las Vegas DUI attorneys to see what steps you should take to build a strong defense on your behalf. Working with our expert team at DUI Lawyers of Las Vegas means you have knowledgeable professionals on your side who are ready to fight for your rights. Contact our Las Vegas DUI lawyers today to learn how we can help with your DUI case.
