Suspected of Driving under the Influence in Las Vegas Print E-mail
Saturday, 04 August 2007

What Are Your Rights If You Are Suspected of Driving under the Influence in Las Vegas? There is very little in life more humiliating than being stopped by a police officer while you are driving under the influence of alcohol.  Despite what the arresting officer would like you to believe, however, you do still have certain inalienable rights in this situation.

You have the right to have an attorney present.  This is valid at any time; if you do not wish if the police cannot administer a Breathalyzer test or a blood-alcohol test out your attorney present.  Bear in mind, however, the refusal to submit to police testing if you are not in fact driving under the influence will hurt you when your case goes to court.

The arresting officer must read you your Miranda rights.  This is non-negotiable.  As a citizen of the United States, you are not required to give any evidence which will incriminate yourself.  The arresting officer must inform you of this and for other rights at the time of your arrest; it does not apply if they do this afterwards.

When making an accusation of driving under the influence, the arresting officer must be able to prove that you were inebriated at the time you were behind the wheel and actually operating the vehicle.  Remember, it is not illegal to consume alcohol, only to drive after having done so.

The arresting officer must be able to prove that they had valid cause for their suspicion that you were driving under the influence.  This generally means that you were engaging in erratic driving behavior, such as being unable to stay in a designated lane, driving recklessly or attempting to evade an officer of the law.

Upon being arrested for driving under the influence of first thing that you should do is contact an attorney.  The attorney will be able to advise you on what your rights are and help you decide whether you should plead guilty to the charges or not.  Remember, it is possible to contest an accusation of driving under the influence.  Your attorney will be the one to walk you through this process.  When selecting an attorney be sure that it is one who has had some experience with cases involving driving under the influence.  Due to the very nature of Las Vegas there are plenty to be found within the city; one has only to look.

 
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