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Winchester DUI Defense Attorneys

Been arrested, accused, or charged with a DUI in Winchester? The difference between your freedom and lasting legal consequences is as simple as which DUI defense attorney you choose to call.

The Criminal Defense Attorneys of Zentz & Zentz, Las Vegas

For the best DUI defense, call the law offices of Zentz & Zentz!

Our criminal defense lawyers are committed to providing you with an outstanding, thorough, and well-crafted DUI defense, based on research, evidence, and the facts we have collected and analyzed as part of our investigation into your case.

If you have been arrested for a DUI, drunk driving, or driving under the influence of drugs, the dedicated, experienced Winchester DUI defense lawyers at Las Vegas Criminal Lawyer are prepared to work hard for you!

Call Las Vegas Criminal Lawyer at (702) 602-9110 for a Free Consultation!

What To Do if Pulled Over For a DUI

Criminal Drug Charges & Dui Attorney

You have been out and having a good time. All of sudden you have a car accident or are pulled over by the police.

Here are some tips to follow when dealing with law enforcement if you have had some alcohol.

Be Respectful: Do not curse the officer out, this will only make things worse.

Say Nothing, Use Your 5th Amendment Right: You are under no obligation to speak to an officer, so say ABSOLUTELY nothing. Anything that you say, even how you say it, can be used against you as evidence. Respectfully say, “I respectfully refuse to answer any questions.”

Do Not Perform the Field Sobriety Tests: Performing these will only hurt your case. Police will try to trick you into performing the tests, but refuse. These tests will potentially give the police evidence against you to help them prove you are under the influence. So, respectfully refuse to perform them.

Do Not Consent to a Search of Your Vehicle: If the officer asks for permission to search your vehicle do not consent. This will make the officer have to comply with certain steps to be able to search your vehicle or obtain a search warrant. Do not tell them if you have a deadly weapon such as a gun in your vehicle, even if you have a conceal carry license, until they have produced a warrant allowing them to search.

You Have the Right to Choose a Blood or Breath Test, or Refuse Both At the Station: Nevada and the Supreme Court of the United States require that an officer must either get clear consent from you for testing, or a obtain a search warrant to take your blood. An officer can not pressure you to consent to either test, and can not have you take any test without first asking if you will consent. It is your right to refuse and force the officer to obtain a warrant, if you choose to. If you have not spoken and performed the Field Sobriety Tests it will be more difficult for the officer to obtain the warrant.

If you follow these tips you may still be arrested and charged with a DUI. However, you will have started protecting your defense from the very beginning, making it easier for our criminal lawyer in Winchester to help you get out of this situation.

What is a DUI First Offense?

arrested and in handcuffsA DUI in Winchester, occurs when a person is proven to be driving or in actual physical control of a vehicle while under the influence of alcohol or drugs. When a person is arrested for this and has no prior convictions for DUI then they are charged as a DUI First Offense. This offense is a misdemeanor in Winchester and does go on your criminal record. If you are currently on probation for another crime, this can be counted as a probation violation, resulting in additional charges or jail time.

What Penalties Apply to a DUI First Offense?

A person convicted of a DUI First Offense in Winchester is subject to the following punishments:

Jail: A person must do a minimum of 2 days in jail, but is at risk of doing up to 6 months in jail.

Fines: A person must pay a fine up to $1,000 to the court.

Classes: A person must attend a “DUI School” and Victim Impact Panel.

Community Service: If convicted a person may have to perform 48-100 hours of community service.

Driver’s License Revocation: The Nevada Department of Motor Vehicles will revoke the driver’s license for a period of 90 days. It is possible to obtain a Temporary Driver’s License pending a hearing with the DMV. A person may apply for a Restricted License after serving 45 days of the revocation period.

Breath Interlock Device: It is required that a person accused of a DUI must have this device installed in their vehicle(s) for a period of at least 90 days. If convicted, the judge may order the device to remain for a term up to one year.

Additional Penalties: If a person has a Blood Alcohol Content of .18 or more a person is subject to being evaluated for an alcohol addiction and may be subjected to further penalties like; Breath Interlock Device, SCRAM bracelet, additional counseling courses.

These penalties may be combined with traffic tickets, fines, or sentences for other traffic violations such as speeding or other crimes such as drug possession at the time the DUI was discovered. The criminal defense firm of Las Vegas Criminal Lawyer, can help to combine and reduce penalties, negotiate for reduced sentences, or get your charge dismissed altogether.

What Penalties Apply To A Second DUI Offense?

Many of the penalties for a second DUI offense are the same as for a first offense, but are increased, the differences are;

Jail: The minimum jail time is increased from two days for a 1st Offense to minimum 10 days for a 2nd Offense DUI. This can be served either in jail or sometimes can be served via house arrest.

Fines: The fines for a Second DUI can be up to $1,000.

Driver’s license suspension: The Nevada Department of Motor Vehicles will suspend the driver’s license for a period of one year. For second DUI offenses, applying for a restricted license is prohibited. In addition, the period of suspension does not start until the driver has completed any jail time included in his or her sentence.

Community service: If convicted of a 2nd Offense DUI a person would have to perform at least 100 hours of community service.

Additional Penalties: People convicted of DUI Second Offenses must visit with an addiction expert, for an addiction evaluation, who will determine whether the person has an alcohol addiction and may suggest to the court additional penalties, such as; Breath Interlock Device, SCRAM Bracelet, Counseling.

An experienced criminal DUI defense attorney in Winchester will diligently fight the criminal justice system to negotiate reduced criminal charges whenever possible. At Las Vegas Criminal Lawyer, we are the best criminal attorneys Winchester has to offer, and we look forward to tackling your DUI case.

How Is A DUI Classified As A Felony?

criminal defense attorney in Las VegasThere are certain factors that may determine whether a DUI charge will be a misdemeanor or a felony. Some of these are listed below:

Prior DUI offenses: If this is your third DUI conviction within the last seven years, the offense will be charged as a felony.

An accident involving injury: If the DUI charge stemmed from an accident in which a passenger in your vehicle, the occupants of another vehicle, or a pedestrian was seriously injured or killed, the offense will be charged as a felony.

Prior felony DUI conviction: Once a driver has been convicted of a felony DUI, any subsequent conviction will also be a felony.

What Is A Third Felony DUI Offense?

A Third Offense DUI is considered a Felony Offense in Nevada. These DUIs are treated much harsher than the two misdemeanor precursors. A Felony DUI faces prison time, high fines and a dreaded Felony conviction on your criminal history.

Third offense and Felony DUI Offenses may be subject to a diversion program if the DUI did not cause death or bodily injury to another person, and if drugs were not involved.

Penalties For A Third Offense Felony DUI

Third Offense DUIs are class “B” felonies. Convictions in Nevada require:

Prison Time: A person must serve 1-6 years in prison. The prison term is mandatory, a court can not grant probation.

Fines: The fine for a Felony DUI due to multiple DUI convictions can be up to $6,000.

Special Conditions: The court must also sentence a person to attend the Victim Impact Panel, and have a Breath Interlock Device on any vehicle the person owns or operates for 12-36 months.

Driver’s license suspension: The driver’s license will be suspended or revoked for three years.

For a Felony DUI based upon prior convictions, there is the possibility of a diversion program. This program, the Serious Offender’s Program, requires the Defendant to interview with a program counselor to see if they qualify for entry. This program requires three years of participation consisting of counseling, weekly court appearances, drug testing, house arrest, etc.. Our Winchester, NV criminal DUI lawyers are here to help you understand what happens next, and to support you throughout the process.

DUI Causing Injury Or Death

DUI accident injury lawyersDrunk driving accidents involving personal injury or wrongful death are traumatic to everyone involved, even those who may have caused them. The penalties for DUI causing injury or death are severe, it is more important than ever to have the assistance of experienced DUI attorneys who can provide guidance and help you make decisions about your defense that will affect your future.

The DUI penalties for a person convicted of DUI involving serious injury or death are very serious and will depend heavily on the circumstances of the incident. Each case is different and carries with it a unique set of facts that need to be investigated. These facts can make the difference between conviction and freedom.

Penalties For DUI Causing Injury Or Death

The penalties for a person who has been convicted of a DUI causing injury or death can be severe. These penalties include:

Prison time: State prison time for LIFE with a possibility of parole after 10 years, or a definite term of 25 years with the eligibility of parole after 10 years. The court can not grant probation.

Special Conditions: The court must also sentence a person to attend the Victim Impact Panel, and have a Breath Interlock Device on any vehicle the person owns or operates for 12-36 months.

Driver’s license suspension: The driver’s license will be suspended or revoked for three years.

How a driver is sentenced will depend on the circumstances surrounding the incident. It is very important that if accused of this offense, you hire a skilled and experienced DUI attorney to protect your rights and liberty.

Breath and Blood Tests

When you are arrested in Winchester, Nevada, the law states that you be given a choice of a Breath or Blood Test to be taken at the police station. You may have taken a breath test at the scene and the officer may have used the results as probable cause for your arrest; however, the results of this test are not threshold beyond the officer stating “pass,” or “fail.”

Recent Nevada and Federal law states that you must give clear consent to being tested. You have the right to refuse either test. If you refuse testing the officer must obtain a search warrant to be able to get a sample of your blood. If you have refused to speak and perform the Field Sobriety Tests then it will be more difficult for the police officer to obtain the search warrant. Also, an officer can not persuade you to take a test, he can not tell you that you must take one or the other. If the officer does either of those things then the testing will not be permissible as evidence.

Each test has pros and cons, and ultimately it is up to your personal preference for which test you take.

Breath: The margin of error on breath testing is (.10). A breath test is non-invasive in that you only blow into a straw two to three times.

There are factors which could render the breath test inaccurate or inadmissible, including; the officer not following the breath test checklist, the officer not paying attention to you during the 15 minute observation period, if you burp or vomit prior to testing, some medical conditions, etc..

If you choose to perform the breath test and your blood alcohol content is determined to be more than .08 your license will be revoked immediately by the officer. However, this office can petition the DMV to allow you to obtain a temporary driver’s license pending a hearing with the DMV to fight for your driving privilege to be reinstated. New law in Nevada will also require a person accused of a DUI to use a Breath Interlock Device in their vehicle(s) for no less than 90 days.

Blood: A blood test has a lower margin of error (.05). A blood test will involve the officer observing a registered nurse or phlebotomist draw two vials of blood from your arm.

There are many reasons why a blood test may be considered inadmissible, including; chain of evidence, incorrect withdrawal of the blood, challenges to the testing machinery, your medical and pharmaceutical issues, challenges to the search warrant (if you refused testing), etc.

If a blood test was performed, whether you consented or the officer obtained a search warrant, you will not lose your license until the blood has been tested and the results are .08 or more. However, this office can petition the DMV to allow you to obtain a temporary driver’s license pending a hearing with the DMV to fight for your driving privilege to be reinstated. If you refused testing and the officer obtained a search warrant the DMV may revoke your license for an additional 12 months.

If you are looking for an experienced DUI defense lawyer in Winchester, reach out to Las Vegas Criminal Lawyer today!

What is a DUI Drug Offense?

Zentz & Zentz Criminal LawIn Winchester, a person can be charged with a DUI if they are believed to be under the influence of an illegal substance. Often times officers will perform extra Field Sobriety Testing to determine whether a person is potentially under the influence of drugs or any controlled substance. Police will need to perform a blood test to determine what drug(s) and levels a person has present in their system. The laws in Winchester, specifically the Nevada Revised Statutes, have specific levels of drugs that can be present in a person’s blood, much like alcohol, that will automatically make a person violate the per se levels in Winchester.

You can get a DUI Drug Charge if these drugs are found in your system above legal threshholds:

(a) Amphetamine
(b) Cocaine
(c) Cocaine metabolite
(d) Heroin
(e) Heroin metabolite:
(1) Morphine
(2) 6-monoacetyl morphine
(f) Lysergic acid diethylamide
(g) Marijuana
(h) Marijuana metabolite
(i) Methamphetamine
(j) Phencyclidine

A person can be charged with Driving Under the Influence while taking their prescribed medications. The prosecution would need to prove that the prescribed drugs were taken beyond a therapeutic level and that these drugs resulted in being unable to safely operate a motor vehicle.

The punishments for a DUI Drug Offense are the same as for a DUI Alcohol, except that a person may be required to attend certain specific drug counseling courses. You may have other criminal charges associated with your DUI drug charge, including drug trafficking, drug possession with intent to sell, or possession of drug paraphernalia.

The law offices of Las Vegas Criminal Lawyer are dedicated to supporting you in getting the fastest and best results possible.

You Don’t Have to Be High To Get A DUI

Marijuana laws allow for recreational use in Nevada. This means that you can possess up to one ounce and use in your home.

However, this leads to other special considerations to keep in mind, amongst which is the fact that you can be arrested and convicted of a DUI, in Winchester and the surrounding area, for driving with marijuana in your system, even if you didn’t consume marijuana that day! I’ll write that another way, you don’t have to be high to get a DUI.

We all know that in Nevada to be convicted of a DUI for alcohol the legal limit is .08 blood alcohol content. However, what most of you don’t know is that the legal limit of marijuana is 2 nanograms and 5 nanograms of marijuana metabolite. Sounds low, right? Well, it is. The length of time that marijuana stays in a person’s blood varies, but, in some people, can last up to 30 days! That means that there is a possibility that you could have consumed marijuana the day, week, or even more before being pulled over and still have marijuana in your blood. This means that you don’t have to be under the influence of the drug to be convicted, once again, you don’t have to be high to get a DUI.

Keep in mind that the officer would have to have probable cause to believe that you might be under the influence and operating a vehicle. Officers use your driving conduct, how you behave and speak to them, and other factors to determine probable cause. If you admit to marijuana usage, the officer will use that against you. If you have marijuana in the car and if the officer can smell it, they will use that.

So, how do you protect yourself?

First, do not drive after using. Second, obey all traffic laws. Third, if you are pulled over by an officer, do not admit to regular marijuana usage or having a Medical Marijuana Card to the officer. In fact, use your 5th Amendment right and do not answer any questions. Fourth, only have marijuana in your car if you have just purchased it from one of the legal dispensaries, and only if you have not consumed marijuana that day. Finally, if you are unlucky enough to be arrested for a DUI due to marijuana call this office.

Remember these few tips and you should be fine. Most importantly remember that the needed level for marijuana in your blood is lower than any drug at 2 nanograms, which can be present at that level in your blood days and weeks after you have used. Most importantly, if you are arrested for or charged with a Marijuana related DUI, call Las Vegas Criminal Lawyer at (702) 602-9110 immediately!

Winchester Criminal Defense Attorneys

Winchester DUI Defense  Attorneys Depositphotos 13470858 original 300x199Las Vegas Criminal Lawyer is your complete Winchester criminal defense law firm, providing legal defense and support to those facing criminal charges in Nevada. With proven results, decades of experience representing clients, and an unwavering dedication to our clients, there is simply no better choice for your criminal defense than Las Vegas Criminal Lawyer. Don’t trust the discount, half price lawyers you see on billboards- go with the Super Lawyers of Zentz & Zentz for the Best Defense!

Whether you are facing drunk driving or DUI charges, violent crime charges like domestic violence charges, juvenile crimes, sex crimes, white collar crimes, theft crimes, or other felony charges, the Nevada criminal defense lawyers at Las Vegas Criminal Lawyer have the experience, drive, and dedication required to get the best possible results for you. Call us today to discuss how we can help you get your life back on track.

Let’s Talk Now- Free Consultation

Nevada Criminal Defense AttorneysWith a lifetime of dedicated service to protecting the rights of those accused of crimes in Winchester, the team at Las Vegas Criminal Lawyer is driven to provide top-quality legal support when you need it most. Our Nevada DUI defense attorneys are ready to get to work on your case without delay. We want to help you get back to your life as quickly as possible.

For the best defense, call Zentz & Zentz!

Call Las Vegas Criminal Lawyer today at (702) 602-9110 for your Free Consultation!