Watch this short video to take the next big step toward defending yourself against your DUI charge.
The cost for DUI defense will depend on the nature of the charges and the place where the offense occurred. For example, if the charge is a first offense DUI with no injuries in Las Vegas Municipal Court, and the accused has no prior criminal history, a DUI defense lawyer may charge as little as $1,000. If the charge is a third offense DUI, with substantial bodily injury or death, you should expect to pay a retainer of at least $5,000 and the lawyer will likely charge by the hour for work done on the case. In general, DUI defense lawyers can charge as little as $1,500 all the way up to tens of thousands, or even hundreds of thousands, of dollars depending on the history of the defendant, the nature of the charges and the location of the case.
In our opinion, the sooner you hire a DUI attorney, the better. First, most prosecutors will offer a “standard” DUI settlement in every case. The earlier you hire an attorney, the more likely the lawyer can help get a better offer or even negotiate a dismissal of your case. Also, DUI cases often turn on the evidence presented by the prosecutor. The sooner your attorney can see the evidence against you, the easier the case is to defend. Your lawyer can begin to challenge the evidence right away which could help you get a dismissal of your DUI charges or a reduced charge. For example, you may need to hire an expert to help defeat your charges. Letting the prosecutor know you have an expert on your side could result in a dismissal of your case or a reduction of the charges. If you are facing DUI charges, consulting with a DUI attorney, even if you don’t hire one, is always a good idea.
An experienced DUI lawyer can potentially get DUI charges reduced or dismissed by challenging the legality of the traffic stop, contesting the results of field sobriety/breathalyzer tests, questioning the chain-of-custody of evidence, presenting mitigating circumstances, negotiating with the prosecution, and developing alternative legal strategies based on the specifics of your case.
There are many ways for your DUI attorney to attack your charges. First, your lawyer may go after the field sobriety tests which are notoriously inaccurate. Second, the DUI attorney can try to argue that the blood alcohol test is invalid. Finally, your DUI lawyer could try to argue the theory of “rising blood alcohol” – this means that your blood alcohol rose after you stopped drinking. Each DUI case is different and whether there is a valid defense to your DUI charges depends on the circumstances surrounding your arrest. It is always best to consult with an experienced DUI attorney for the best strategy to defeat your DUI charges.
Refusing a breathalyzer test can increase penalties if you get convicted of a DUI. In Nevada, refusing a lawful breath test results in a 1-year suspension of your driver’s license. However, working with an experienced DUI lawyer can help argue against license suspensions and minimize penalties if convicted after refusing the breath test.
If you’ve been drinking and get pulled over, politely inform the officer you decline to answer questions and would like to speak with a lawyer. Be cooperative, but do not volunteer any potentially incriminating information. Politely refuse to perform roadside sobriety tests or a breath test. The officer may still legally require you to take a breath/blood test, but a lawyer can help defend against this evidence.
Factors that enhance DUI penalties include having a minor in the vehicle, significantly elevated BAC levels, previous DUI convictions, causing an injury or death while driving impaired, extreme reckless driving connected to impairment, and hit-and-run behavior.
After being charged with a DUI, you should immediately exercise your right to remain silent and politely decline to answer any questions until you retain legal counsel. Be cooperative with authorities but avoid volunteering any information. Contacting an experienced DUI lawyer to represent you is highly recommended to protect your rights.
You should contact a DUI defense lawyer immediately after an arrest, ideally within 24-48 hours. A swift response is essential to avoid delays in building your defense case and securing key evidence and witnesses. The faster an attorney gets involved, the more leverage they have to protect your rights after an arrest.
Here is a reminder of some of our other helpful resources related to criminal defense in Nevada:
If you or a loved one are facing criminal charges, don’t forget to explore the wealth of information available on our website that could help your case:
– For a felony arrest, be sure to read our guides on Criminal Defense Attorneys, Felonies in Nevada, Attorneys Answer Your Questions About Miranda Rights, Firearms Defense Lawyers, Theft Defense Lawyers, Winning Felony Cases in Nevada, Drug Possession Defense Lawyer, and Marijuana Possession Questions? We’ve Got Answers.
– For solicitation and prostitution charges, see our guide on Charged with Solicitation? We Can Help.
– If you received a traffic ticket, don’t miss our page on Nevada Traffic Tickets.
– For questions about outstanding warrants, read our Warrant Defense Attorneys guide.
– Unsure if you need a lawyer for a misdemeanor? See our guide Do You Need to Hire a Lawyer for Misdemeanor Charges?
– If you have an upcoming arraignment, our page on The Nevada Arraignment – Frequently Asked Questions answers common questions.
– To learn about sealing records in Nevada, read our Definitive Guide to Sealing Criminal Records in Nevada.
– For sex crime charges, see our team of Sex Crime Defense Attorneys.
– If you’ve been charged with shoplifting, our guide on Nevada Shoplifting Laws outlines what you need to know.
Don’t hesitate to explore our website or reach out if you need legal help!