DUI Attorneys In Las Vegas, Nevada
Have you been arrested for a DUI of alcohol or drugs in Clark County, Nevada? Are you underage and facing underage DUI charges? If so, our Las Vegas DUI defense lawyers have what it takes to defend you from a conviction and the harsh penalties that come with it. Drunk driving accidents account for one out of every four fatal traffic collisions in Las Vegas and statewide. In light of statistics such as these, Las Vegas Metropolitan Police and Nevada Highway Patrol officers are quick to act when they suspect that a driver is intoxicated. Sometimes they are too eager, however, and make a wrongful police stop or drunk driving arrest. In other cases, officers have arrest quotas to meet, a fact that may influence the outcome of a DUI / DWI investigation. I am Clark County, Nevada DUI Attorney Gregory D. Knapp and as a former Chief Deputy District Attorney for Clark County, I have first-hand experience with the internal workings of the criminal justice system in Las Vegas. With my years of experience on both sides of the law I know how law enforcement and prosecutors in the Las Vegas area handle DUI cases.
Nevada DUI Laws
Nevada DUI laws requires that police officers follow strict procedures in making DUI stops, DUI checkpoints, administering field sobriety tests and breath and blood tests, and in making DWI arrests. Should an officer fail to follow procedure, the results of these tests could be a false positive and you could be wrongfully arrested. Alternatively, you may have been a victim of an illegal traffic stop if the officer did not have reasonable suspicion to pull you over or probable cause to investigate. Our Las Vegas DUI defense lawyers have handled hundreds of criminal defense and DUI defense cases over the years, including:
Repeat DUI offenses
Drug DUI involving marijuana, cocaine, crystal meth, bath salts, XTC & heroin.
Prescription drug DUI involving Ambien, Lunesta, Percocet, Vicodin, Xanax, Flexeril & Tramadol.
Under 21 DUI which means having a blood alcohol content (BAC) of .02 or higher.
DUI hit-and-run involving both property damage and personal injury.
DUI’s with child in car (aka child endangerment DUI).
DUI’s at DUI checkpoints.
DUI resulting in wrongful death, vehicular manslaughter or vehicular homicide.
In the course of my career, I have obtained many dismissals for clients who had been charged with driving under the influence. There is no guarantee of results in any case, but you can greatly improve your chances of success by hiring me to fight for you. Depending on the circumstances of your case, I may be able to have the evidence suppressed in order to get the charges dropped. I may be able to secure an acquittal at trial. Even if it is not possible to clear your name, I can still seek to have the penalties reduced through a favorable plea bargain.
If you have received a DUI, it is essential you retain our Law Vegas DUI defense lawyers as soon as possible in order to minimize penalties!
DMV Hearings & Nevada DUI Cases
Immediately following a DUI arrest the Nevada DMV is notified that the motorist had a BAC level of 0.08% or higher. With that he or she will have their driving privileges will be revoked for 90 days. After being charged with DUI, however, before your driving privileges are more permanently revoked, you can fight to restore your license. If you are facing DUI charges in Clark County, Nevada we urge you to reach out to our Las Vegas DUI defense attorneys as they can help you with your DMV hearings.
You have the right to contest the suspension of your driver’s license in a DMV administrative hearing. This is known as “due process;” if a judge believes there was insufficient probably cause to arrest you, your hearing can be won. After being arrested, you must contact the DMV within 7 days to request an administrative hearing. If you do so, the DMV will issue a temporary license pending the outcome of the DMV hearing.
While this is separate from your criminal case and will not establish your innocence, it is extremely inconvenient and life-altering to lose your driving privileges. By calling witnesses and presenting evidence at a DMV hearing, you might be able to hold onto your license. It is recommended that you do not go into a hearing without a DUI defense attorney; however, so get in touch with Las Vegas criminal defense lawyer, Gregory D. Knapp. I can make sure that your rights are properly protected!
Nevada DMV Hearings
In Nevada and other states DMV hearings are like a mini trial. While DMV hearings can be difficult to win, if a police officer does not show up to your hearing, you will most likely win by default. Also, a DMV hearing will allow you to cross-examine the arresting officer which could affect your criminal case (if the officer admits to mistakes in the investigation, for example).
Immediately after being arrested for DUI, it is imperative that you schedule your DMV hearing. DMV hearings usually take place four to seven months after your arrest. The DMV does not charge you anything to hold a DMV hearing, so the only costs you will incur are attorney’s fees. It is recommended that you have a legal advocate by your side, however, who understands Nevada DUI laws, who knows how to analyze evidence and attack a police officer’s arguments.
At the end of DMV hearings, the judge will either rule immediately or delay giving his/her opinion for 30 days. There are three DMV offices near the Las Vegas vicinity: one is actually in Las Vegas while another is in Carson City and the other is in Elko.
Challenging Evidence In A Nevada DUI Case
On the surface level, it might look like the evidence in your driving under the influence (DUI) case proves your guilt. For example, perhaps you have failed your field sobriety tests and you produced a breath test result that showed a blood alcohol level of 0.08% or higher. This, however, does not necessarily mean you are actually guilty of DUI. There are a number of things that can make evidence flawed and of no use in the courtroom. There might be errors with how the test was administered, how the testing equipment was maintained or even how the officer stopped you in the first place.
When you bring your Las Vegas DUI case to me, Gregory D. Knapp, ESQ., I can thoroughly analyze every detail associated with the evidence that is being used against you. Because I am a former prosecutor, I have inside knowledge of what types of flaws I should be looking for. I am a Las Vegas criminal defense attorney who is ready to fight for your freedom!
Ask the Right Questions about the Evidence:
There are a number of questions that need to be asked when assessing the validity of DUI evidence. Some of these include the following:
- Was the breath test, blood test or field sobriety test properly administered?
- Had the breathalyzer been properly calibrated?
- Were the blood samples from the blood test properly labeled and stored?
- Are there any indications of errors by testing lab personnel who handled your blood samples?
- Was the field sobriety test conducted in a reasonable location, such as in a place with level terrain?
- Did the driver have a physical or medical condition that could have led to poor performance on a field sobriety test?
- Are there conflicts between the officer’s reports and his or her testimony?
- Did the officer actually have enough probable cause to pull the driver over and test for impairment?
These are just some of the many areas I explore when I am handling a DUI case. There are also other factors that could be important to consider when I am working on your defense. I have been serving as a lawyer in the Las Vegas criminal justice system since 1998, so you can trust that I have the experience you need. Contact our Las Vegas DUI defense lawyers for high-quality legal representation!
Contact Our Las Vegas DUI Defense Lawyers Now
My firm is the excellent choice when it comes to drunk driving defense. I have more than 15 years of legal experience and have represented hundreds of cases across the state of Nevada. I am also a former prosecutor, a background that gives me experience working on both sides of the courtroom. Contact our Las Vegas DUI defense lawyers by phone or fill out my free case evaluation form to get the process started now. I look forward to hearing from you and helping you take the first steps in your defense. For more information about DUIs, check out my FAQs About DUIs In Nevada.
Our Las Vegas DUI defense lawyers serve those facing criminal, DUI and traffic violation charges in all of Clark County, NV. This includes Las Vegas, North Las Vegas, Laughlin, Pahrump, Primm, Boulder City, Jean, Alder, Nelson, Henderson and Mesquite.
Nevada DUI Facts & Statistics
Before the latest Nevada legislative session end, the Nevada Assembly can’t help but to take another crack at DUI in their never ending quest to “prevent even one more death.” While drinking and driving can be hazardous, studies show that you are two times safer in a drinking related accident than one not involving alcohol. The most common “fact” bandied about is that 1/3 of traffic fatalities involve drinking and driving. Aside from the statistical leeway given to defining an alcohol related traffic accident, like counting each person involved as a separate accident, that still means 2/3 are caused by either stupidity or simple accidents. If drinking and driving was such a public health threat, why not prohibit bars from having parking lots.
Drinking and driving in Las Vegas is not only permitted, shy of impairment, I would argue it is encouraged at every level. Lowering an already lowered and arbitrary level from .08 to .05 would have virtually no effect on behavior or safety of Nevada highways. Impairment should be based on objective, observed driving. Not all people are affected by alcohol the same and .08 may even be too high for some. After prosecuting for almost ten years and defending for seven, I have seen thousands of DUI case files and can say unequivocally that very, very few people arrested for DUI are under even .10. The vast majority are in the teens or higher because people impaired at lower levels are already passing the keys. Changing the law to .05 is not going to cause a single .20 driver to reconsider driving.
Rather than lumping an unimpaired driver, stopped for any variety of reasons without signs of impaired driving should not be lumped into the same offense and penalty as serious dangerous drunk drivers. Currently a person driving fine, struck by a sober driver faces the exact same penalty as the blind drunk driving on the wrong side of the road with his lights off at night. Instead of encouraging the courts to penalize within statutory guideline according to the danger posed, the assembly would rather find more ways to bring more people into the DUI tent and generate funds. The end result is it dilutes the serious offenders and hinders their cancer at getting the help needed to secure our roads. Charging everyone with a trace of alcohol in their system ensures cases will take 12 months to get to trial instead of the usual 8 it takes now. Rather than encouraging responsible behavior, like designated drivers, the assembly would prefer to pass a lawyers full employment statute. While I accept new clients, I don’t need them at the expense of the safety of the same roads I drive on. If the assembly wishes to overburden the system, the only beneficiary will be the serious dangerous drinker who will hide amongst the crowd and desensitize the public. The focus should encourage people to be responsible, drink less before driving, or just effect an outright ban on drinking while driving or within 12 hours of driving.
If you have been accused of driving under the influence in the Las Vegas, Henderson or Laughlin, Nevada areas, call Clark County, Nevada DUI Defense Attorney Greg Knapp at 702-380-4199 to discuss the best defense available to you.
Proudly serving all of Clark County, Nevada including Las Vegas, North Las Vegas, Enterprise, Whitney, Boulder City, Paradise, UNLV campus, Summerlin South, Henderson, Winchester, Laughlin, Primm, Spring Valley & Sloan, NV.