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Why Nevada DUI Representation Is Always Beneficial

Driving while under the influence (DUI) charges are serious, and successful DUI convictions can lead to years of penalties for the convicted. Unfortunately, many people plead guilty to DUI charges without contemplating the consequences and thinking through their options. Hiring experienced DUI representation is always beneficial to a case, and here are the reasons why.

Defensive Investigations Can Reveal New Information

When people are charged with a crime, their criminal defense attorney (if they have one) will investigate the case on their behalf. Thorough investigations can reveal new information concerning a case, and this new evidence can cause the court to question the integrity of the charges.

Defensive DUI investigations can potentially reveal case-breaking information such as:

  • lack of “probable cause” leading to the arrest;
  • lack of functioning reporting equipment (like a breathalyzer);
  • lack of proper police protocol during and after arrest (like failing to state the Miranda warning before questioning someone in custody); and
  • lack of a proper timeline to prove the necessity of the defendant’s arrest.

Anyone of the scenarios mentioned above can lead to a “not guilty” verdict in a court of law. Therefore, those accused of DUI should always hire representation that will investigate the case.

Arguments Affect Outcomes

Many people believe in black-and-white scenarios. If someone’s BAC is over the limit, they deserve to be prosecuted to the full extent of the law, regardless of the circumstances surrounding the scenario. In America, the criminal justice system is founded on the idea that the motives and conditions of a crime will directly impact the outcome of the case.

For example, manslaughter and murder charges have the same premise (someone was killed by another’s action, and the killer should “pay” for his or her crime), but drastically different outcomes (murder will result in harsher penalties than manslaughter). Why does the process work this way? Because motive and circumstances matter when it comes to sentencing.

Unlike manslaughter and murder, DUI cases do not have various degrees of severity. If someone drives with a BAC of 0.08% or 0.16%, the offense is the same; however, the penalties for a DUI conviction can vary greatly. For example, a first time DUI conviction in Nevada will lead to two days to six months of jail time or 96 hours of community service. The judge presiding over the case will hand down the sentence as he or she sees fit, which means arguing for a case may not affect the conviction, but it can drastically impact the severity of the ensuing penalties. Therefore, those accused of DUI should always hire representation in hopes of receiving less severe penalties.

Fighting a Case Upholds the Constitution

The American judicial system upholds the belief that people are “innocent until proven guilty.” A prosecutor’s job is to prove that someone is guilty of a crime, it is not on the citizen to incriminate himself or herself. Now if someone commits a crime and wishes to confess, that is well within their rights and they should do so, but the reality is that citizens have no legal obligation to incriminate themselves. With this in mind, why would someone forgo their right to hire experienced legal counsel and fight for his or her case? The burden of proof is on the prosecution, and this reality upholds the standards of the American justice system.

Need a Criminal Defense Attorney?

If you are looking for a criminal defense attorney, look no further than the Law Offices of Kenneth Stover. Attorney Ken Stover has been working cases for decades, and as a result, he has helped hundreds of clients with their criminal defense needs.

Call (775) 502-1575 now for a free consultation of your case!

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