MORE Tips to help you in a DUI Investigation

MORE Tips to help you in a DUI Investigation

Don’t let an officer shine a flashlight in your face. We often see the word, “nystagmus,” in DUI Investigation reports. Nystagmus, allegedly, has something to do with the way your eyes react to light and can help determine whether or not you are under the influence. This is what officers are looking for when they shine the flashlight in your eyes. Do not allow an officer to perform this test on you. You have the right to refuse this test. Any Las Vegas criminal attorney will advise you against participation in this type of test. The test is subjective, and not reliable. You have the right to refuse it, and you should.

Take a blood test. In the state of Nevada, you are required to take a chemical test. A chemical test is either a blood, urine or breath test at the police station (note: this is NOT the same breath test done at the car.). If you refuse a chemical test in the state of Nevada, your license can by suspended for a minimum of 1 year and you can spend up to 48 hours in jail. It is better to take a blood test than any other form of chemical testing, so that should be your first preference.

Don’t take a handheld breath test (unless it’s a chemical test). Most breath tests done in the field are preliminary alcohol screening tests, and do not satisfy the chemical screening requirement. The chemical breath test is done at the police station. The machine used in the field is a hand held machine about the size of a book that you blow into and then the officer administering the test instantly reads the results. You should tell the an officer in the field, “I want to cooperate and will take a blood test, but I do not want to take a breath test.” You have the right to refuse a field test as long as you submit to a test done at the police station. There is no consequence for refusing to take the test. If the officer forces you to take the test, ask that your objection be noted in the report, and then submit to taking it. This allows a Las Vegas criminal attorney to defend you, in the event that you require it.

Don’t consent to a search. At the point you are arrested, you no longer have the right to refuse a search. During the time prior to an arrest, you have the right to refuse a search of your belongings, your property and your person. You should exercise that right. It is difficult to fully control what an officer might find in your vehicle. You have the right to refuse a search, and you should.

If you are arrested, after a chemical screen at the police station, you should act quickly to keep any and all evidence that may help defend you in your case.

Write everything down and keep receipts. Write down everything that happened. Keep a list of witnesses and locations. You may forget some important details like the weather conditions, the time of day, the type of road, what had you eaten, who was with you. If you were in the company of friends, have them write down their account and keep their receipts as well.

Call a lawyer. Many people are arrested for a DUI because they have not acted in a way that preserved their rights. At some point, you or your friends may need the help of a Las Vegas Criminal Attorney or a DUI attorney Las Vegas to assist you.