So you’ve been arrested for a DUI, and are now released from police custody. What happens next? Although there are variables that come into play, most DUI cases follow a similar path.

Read on to understand the step-by-step process of a Nevada DUI case:

• 1

  Investigation

  The event that starts the DUI process is the initial investigation. When an officer has reasonable cause to believe you’re driving under the influence you’ll be pulled over for questioning.

  If you exhibit signs of intoxication you may be asked to take a preliminary breath test and field sobriety tests. If you refuse to take, or fail either of these tests you will be placed under arrest for driving under the influence.

• 2

  Arrest

  After you’ve been arrested the officer will take you to a local hospital, police station, or jail to administer a blood test and/or breath test to determine your blood alcohol concentration. If you refuse to take a chemical test your driver’s license will automatically be revoked for one year.

• 3

  Booking

  During booking your personal possessions will be inventoried and your fingerprints and mugshot photographs will be taken. Depending on circumstances you could be released immediately after booking, either on your own recognizance or after posting any required bail.

  From here, a prosecutor will review your case, formally charge you with a DUI, issue a citation, and give you an arraignment date.

• 4

  Hire an attorney

  Prior to your first court date you will need to decide how to proceed with your defense. You have two options; a public defender if you meet the low income threshold, or hire a private DUI defense attorney.

  Public defenders are assigned at random, and can be hit or miss. You have no way of knowing what type of experience they have or what their caseload is like. You could possibly wind up with someone who doesn’t fully understand how to fight your case, or is so overworked that they are under prepared for your trial.

  For the best possible outcome, with the highest chances of getting your case dismissed or charges reduced, you need to hire an experienced DUI attorney.

You may be worried about what chance you have to fight your DUI charge, especially if the officers gathered what seems to be highly incriminating evidence against you. While DUI defense strategies can be hard to prepare, it is possible that a DUI charge can be defeated.

You always have a right to take your DUI case to trial, even if the prosecutor offers you a plea bargain.

The key is for the defense attorney to poke holes in the prosecution’s case. It should not be assumed that the prosecution can automatically win. That is why it is important that you find the right attorney for your situation.

Burden of Proof

The prosecution is charged with proving the case, and it is up to them to show that you are guilty beyond a reasonable doubt. Reasonable doubt means that if any doubt exists that the person committed the crime, albeit small, you cannot be found guilty.

A defense attorney will try to poke holes in the prosecution’s argument by showing various issues outlined in the following sections.

Investigate Reasons The Officer Made The Arrest

One of the first things to focus on is why the officer made the arrest. If your attorney can show that the officer did not have probable cause to pull you over, you may have a chance of getting the case dismissed.

Probable cause means that the officer had a lawful reason to stop you in the first place. That might include, but is not limited to, traffic violations such as erratic driving or operating an unlawful vehicle ( e.g. headlights are off at night or the car had a broken taillight).

If you were driving erratically for any other reason other than intoxication, such as lack of sleep or a medical issue, this defense could be presented to dismiss the case. However, odds are the police already have evidence that alcohol or drugs played a role in the arrest before DUI charges were issued.

Inappropriate Interpretation of the Field Sobriety Test

Sometimes the field sobriety test results can be disputed as a defense to a DUI. Field sobriety test results are not always conclusive evidence of a DUI. They can be very compelling and helpful in producing a conviction, but it does not mean they make an open and shut case.

If it can be shown that other factors played into you failing the test, such as the test taking place on an uneven surface or an object obstructed your gaze, then the test results could be disputed. If the case hinges solely on these test results, then the prosecution may struggle in producing a conviction.

Faulty BAC Results Interpretation

In some situations, the defense can dispute the BAC test results altogether. This comes from questioning the credibility of the test results.

Your attorney can try to argue that the machine was faulty or the results were not produced properly, but this often requires an expert witness (someone who is trained in these specific types of tests) to testify.

Lack Of Causation

When a felony DUI charge is being brought because the DUI resulted in injury or death, you cannot be found guilty if any reasonable doubt exists that your intoxicated driving directly caused the injury or fatality.

A good defense attorney can poke holes in the prosecution’s argument, leading to doubt that the causation existed. Keep in mind that reasonable doubt is all that is needed to lead to a not guilty verdict.

After a DUI arrest, one of the first worries that will come to your mind is “what is going to happen to my license?”

Request For An Administrative Hearing

If it is your first DUI, you are entitled to an administrative hearing. The purpose of this hearing is to determine whether your blood alcohol content (BAC) was, in fact, higher than the legal limit at the time of testing.

If your driver’s license was not returned to you after your arrest, there is a very short window to request a hearing before the revocation of your license is automatic. An administrative hearing request must be filed within 7 days of your arrest.

If you are concerned that your arrest may result in the loss of driving privileges, it is recommended that you contact an attorney who is experienced in Nevada DUI law.

First DUI Offense

If this is the first time you have received a DUI, your license will be suspended for a period of 90 days.

After 45 days, you can apply for a restricted license (also called a hardship license). For more information, continue reading below under, “How Do I Apply For A Restricted Driver’s License?”.

Second DUI Offense

If you are facing a second DUI offense, your driver’s license will be revoked for one year. The license revocation period will not start until the day you are released from jail.

You will not be eligible for a restricted license.

Third DUI Offense

Following a third DUI offense, you should expect to have your license revoked for three years. This license revocation period does not begin until the day after being released from jail.

Third time offenders can be eligible for a restricted license after one year of revocation has passed, provided they meet requirements set by the DMV. One of these requirements can include installation of an ignition interlock device on the car. You will also be required to provide proof of a Nevada SR-22 insurance policy and will be required to keep the policy for three years.

• 1

  Contest Your License Revocation

  Time is of the essence when it comes to contesting your license revocation. You have 7 days to request a DMV hearing to prevent your license from being revoked.

  The scope of the hearing is usually focused on the following:

  • If you failed to submit to an evidentiary test such as a breath or blood test
  • If your blood alcohol level was above the legal limit, and/or
  • If the officer who ordered the test had reasonable grounds to administer the test.

  If the arresting officer does not make an appearance in court, your chances of avoiding license revocation are high. Surprisingly, this happens often.

  Contesting a license revocation can be quite tricky, so it’s beneficial to have an experienced DUI lawyer to represent you during this process. If you win this hearing, your license will be returned to you following the end of the case which can save you a lot of trouble.

• 2

  Install an Ignition Interlock Device

  If an IID has been court ordered, you must install an Ignition Interlock Device and provide proof of installation. Payment of installation fees may also be required.

• 3

  Proof of SR-22 Insurance

  You will be required to provide proof of financial responsibility in the form of a Nevada SR-22 policy. The driver will be required to keep this SR-22 policy for a period of three years.

• 4

  Complete Suspension Conditions

  You have to meet the conditions of your suspension. This includes completion of mandatory sentencing conditions such as drug or alcohol treatment.

• 5

  Pass the Necessary Tests

  In Nevada, there are a series of tests you may need to pass to get your license reinstated. You may be required to take a vision test, as well as a driving knowledge test. If your license has been suspended for over a year, you’ll also have to pass a driving skills test.

• 6

  Pay Reinstatement Fees

  Depending on the circumstances of your suspension, you’ll have to pay a variety of reinstatement fees. These fees will include any tests you take, as well as reinstatement fees for alcohol and drug-related offenses. Your attorney can tell you which ones would be applicable to your scenario.