DUI Testing Procedures
A Nevada court can not convict and sentence you for DUI (NRS 484C) unless the prosecutor proves beyond doubt that you were driving under the influence. To try to prove its case against you, the state relies on the results of one or more tests, administered by police at the time of your arrest. These tests may appear to be undisputed proof of your guilt, but that’s not always the case. Police officers and the tests themselves are prone to mistakes, and those mistakes could send you to jail unlawfully. When you leave your defense in the hands of Weiner Law Group, you can be sure that we will not allow a conviction based on faulty equipment or incorrect procedures.
Field Sobriety Tests
FSTs are tasks that a police officer asks you to perform if he suspects you are drunk. They could include asking you to walk a straight line, hold one foot off the ground, or follow an item with your eyes as the officer moves it. As you can imagine, there are many uncertainties that go along with any of these tests: The confusion of an arrest can cause almost anyone to have trouble understanding and performing them to an officer’s satisfaction, especially if the police already think you are drunk.
Blood and breath tests are obviously more objective and reliable than the FSTs. However, there are quite a few factors that can corrupt the results of the tests. Even if you know that your chemical test showed that you were drunk, don’t lose hope. Your dui defense attorney will take a very close look at the way your test was administered and determine whether officers violated your rights or used the equipment incorrectly.
Why Fight Test Results?
To the average person, a blood or breath test looks like an insurmountable body of evidence. Even if you don’t understand how your blood alcohol level could have been so high, you might assume that there is no way to avoid a conviction and the penalties that go along with it. Although your prosecutor won’t tell you, the truth is that test results are not ironclad. A good defense lawyer can often find mistakes that make a conviction illegal. Don’t plead guilty and submit to heavy fines, jail time, and a DUI on your criminal record without putting up a fight.
Let us help you oppose a wrongful DUI conviction—call 702-202-0500 or fill out our contact form to get more information.