Nevada DUI and DWI Legal Questions

You said she blew a 1.0. I assume you mean a .10. The legal limit is .08, which means her breath test was above that. If the breath test is accurate, which it probably is (unless you can show the machine was not functioning properly), then no matter how she performed on the field sobriety test, the law says that by having a breath test above. .08, which your friend did, she is guilty of DWI.... Read More

I am a California DUI defense attorney. The case you describe has a lot of very good facts, the grounds for the stop aren't included and as a defense attorney that would likely be where my attack on the State's case would begin. Low level DUI cases can be won, your friend is looking at losing her job it is well worth consulting with a DUI defense lawyer to determine what can be done.... Read More

It doesn't matter that she wasn't read her rights. If she blew a 1.0 she would be dead...I'm assuming you mean she blew a .1, which is over the legal limit. It is not a defense that she had been drinking but was not intoxicated because she has a "high tolerance." And she is obviously not very careful to not drink and drive because she did! And apparently you and your husband were with her and let her drive. She shouldn't break the law if her job is so important to her.... Read More

Retain a DUI attorney in your area, and do so quickly. Your husband has only 7 days to request a hearing with the Colorado DMV. This is separate from the criminal charges because he refused a blood or breath test, he could have his licenses suspended for a year. Colorado law does not give a person the right to speak to an attorney before the administration of a blood or breath test, IF the cop has probable cause to believe that the person was under the influence of alcohol or drugs. As for the court case, the DA will charge your husband with DUI and most likely may try to add penalties for refusing a test. Your DUI attorney should be able to defend you in both the DMV and DUI actions.... Read More

Yes. He will be charged with DUI (the "A" count: driving while his ability to drive was impaired by alcohol) and the State will seek enhanced punishment because he refused to submit to the chemical test. In exchange for the State giving you a license to drive, you agree to take a chemical test if arrested for DUI. When you don't, you face enhanced punishment and a 1 year suspension from the DMV. It's important to understand that a person thus accused has to win twice: Once at the DMV and once at the criminal court. A loss at either will result in 1 year suspension. The State will seek to prove the accused is DUI by circumstantial evidence (even the test is circumstantial evidence actually). They will have the officer testify to red, watery eyes, odor of alcohol, slurred speech and failure to properly perform the FSTs. It's alot of BS, but if you don't fight it there will be a conviction of DUI and license suspension.... Read More