Hiring a DUI Defense Lawyer

The laws in Nevada are constantly being amended or changed, both by courts and lawmakers. It is imperative, that when you are charged with a DUI in Nevada, you have a lawyer who is up to date on changes in the law. In order to have the best lawyer for your DUI charge, you must have an attorney who is aware of the current state of DUI law and how best to use those laws to build your defense.

A good example of a change in the law that those charged with a DUI should be aware of is Assembly Bill 67 (AB67). This new law was voted into place unanimously and has many significant changes for those charged with a DUI in Nevada.

One main component of the bill is that removes the antiquated legal principle of “implied consent” to allow law enforcement to take a forensic blood or breath sample. While a Nevada driver can still consent to either test, if a driver refuses to voluntarily to take a test, a warrant is now required before the blood can be taken. Moreover, if a driver refuses to submit to a test, his or her license is subject to revocation for a period of one (1) year following the refusal.

Additionally, prior to AB 67, a legal document known as an “Affidavit” allowed to be submitted in trial to attempt to prove a DUI charge unless the Defendant established a “substantial and bona fide” dispute as to the facts in the Affidavit prior to Trial. Following AB 67, and Affidavit to prove facts at Trial is not admissible if the Defendant (or his lawyer) objects 10 or more days prior to Trial. This requires the prosecutor to bring in the witness, instead of a sheet of paper, to prove their case and allows for a defense attorney to thoroughly cross examine the witness on the content of their testimony.

In previous posts to this Blog we have discussed things to consider when selection the “best” lawyer for your individual DUI or Drunk Driving case in Las Vegas. In this post, we offer you some insights as to the types of questions you should ask your potential Nevada DUI Defense Attorney when you meet with him or her for the first time. While this list is not meant to be all inclusive, the following can be very helpful:

What areas of law do you focus on?

Many people think that “all lawyers are the same.” This is simply not the case. Every lawyer has different training and experience. More importantly, there are HUNDREDS of various areas of specialization within the law. While a person may be the best real estate lawyer in your State, he or she may be the worst at litigating a case in Court. There are literally 100’s of stellar civil litigators in Nevada, many of them don’t know the first thing about defending a criminal case and know NOTHING about the best way to defend a DUI charge. Choosing a lawyer is no different than choosing a doctor – – If you had a stomach ache, you likely wouldn’t go to dentist. DUI charges are unique and require focused training and experience. While an attorney may tell you when you ask “Yea, I handle DUI cases” – – make sure the lawyer you select focuses a large portion of his or her practice (at least ¼ of the cases he or she handles on a regular basis) on Drunk Driving/Driving Under the Influence/DUI and related charges.

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