What to Do If You Are Pulled Over for a DUI in Nevada: A Step-by-Step Guide

Being pulled over for a DUI in Nevada can be a daunting and stressful experience. The decisions you make during this time can significantly impact your legal situation. This guide will walk you through the essential steps to take if you are stopped on suspicion of driving under the influence, emphasizing your rights and the importance of having an experienced attorney, like Josh Tomsheck, on your side.

Step 1: Stay Calm and Pull Over Safely

If you see flashing lights in your rearview mirror, your first step is to remain calm. Safely pull over to the right side of the road, using your turn signal to indicate your intentions. Stopping in a controlled and safe manner shows the officer that you are aware and responsible, which could work in your favor.

When you come to a stop, turn off your engine, roll down your window, and keep your hands visible on the steering wheel. Avoid sudden movements that could make the officer nervous or suspicious. If it is nighttime, turning on your interior lights can help put the officer at ease.

Step 2: Be Polite and Compliant

Being respectful and polite to the officer can influence how they treat you during the stop. However, compliance does not mean waiving your rights. Your rights are your rights, and you can always politely and respectfully assert them. If you are a driver a vehicle, you are required to provide your driver’s license, registration, and proof of insurance when asked. Beyond that, you have the absolute right to remain silent and should avoid making any statements that could incriminate you. You can nicely tell the officer, “Here is my license, insurance and registration information. I am invoking my rights to remain silent, and I will not answer any other questions.” While this may annoy or frustrate an officer, that is not because you are not completely in the right. It is important to remember that in today’s day and age virtually everything that happens at this point in the traffic stop is being recorded in most jurisdictions. If you are polite in asserting your rights and the officer is rude or demeaning in response, this can only help your situation. It is important to remember that in Nevada, anything you say during the traffic stop can be used against you in court. If the officer asks if you’ve been drinking, a simple and polite response like the one above is sufficient and effectively asserts your rights without being confrontational.

Step 3: Decline Field Sobriety Tests

Nevada law does not require you to submit to field sobriety tests, such as the walk-and-turn, one-leg stand, or horizontal gaze nystagmus test. These tests are subjective and designed to gather evidence against you. Even sober individuals can have difficulty performing them under pressure or due to physical conditions, fatigue, or nervousness. There are very few circumstances where taking these tests gives you any advantage, and they usually just allow officers to say they have probable cause to arrest you. The best course is to remain calm and politely decline these tests by saying, “I respectfully decline to perform any field sobriety tests.” While the officer may end up arresting you based on other observations (such as bloodshot and watery eyes, smell of alchol, etc.) it prevents the prosecution from using potentially incriminating test results against you in court.

Step 4: Understand Implied Consent and Chemical Testing

Under Nevada’s implied consent law, drivers are required to submit to a breath or blood test if an officer has reasonable suspicion that they are driving under the influence. Refusal to take a chemical test can result in license revocation and the possibility of the police obtaining a warrant to conduct a forced blood draw. If you are arrested and asked to take a breath or blood test, refusing can complicate your case. However, these tests are not infallible, and an experienced DUI attorney like Josh Tomsheck can challenge their accuracy and validity in court.

Step 5: Do Not Resist Arrest

If the officer decides to place you under arrest, do not resist, argue, or try to flee the scene. Resisting arrest can lead to additional charges and worsen your situation. Stay calm and compliant and remember that you will have an opportunity to contest the arrest later with legal representation.

Step 6: Exercise Your Right to Remain Silent

After an arrest, the officer will may read you your Miranda rights, informing you of your right to remain silent and your right to an attorney. Unlike on television, this does not always happen, nor is it required. The basis for the rights under Miranda is that they must be administered to you before statements you make can be read in as evidence in Court. If you refuse to answer questions, that fact cannot be used against you in court, and you have not given law enforcement more evidence by talking. It is crucial to exercise these rights. Do not answer any questions or make any statements until you have consulted with an attorney. Politely say, “I wish to remain silent and would like to speak to my attorney.” Anything you say after your arrest can be used as evidence against you. Even seemingly innocent statements can be misconstrued and harm your case. The best course of action is to remain silent and wait for legal counsel.

Step 7: Contact a Qualified DUI Defense Attorney

After your release, your next step should be to contact a qualified DUI defense attorney. Josh Tomsheck, a board-certified criminal defense attorney and a member of the National College for DUI Defense, has extensive experience defending DUI cases in Nevada. His expertise and knowledge of Nevada DUI laws can significantly impact the outcome of your case. A skilled attorney can help you navigate the complexities of DUI charges, challenge the legality of the traffic stop, scrutinize the accuracy of chemical tests, and negotiate for reduced charges or alternative sentencing options. The sooner you have legal representation, the better your chances of a favorable outcome.

Step 8: Prepare for Your Court Appearance

Nevada law treats DUI charges seriously, with even first-time offenders facing penalties such as fines, license suspension, mandatory DUI school, and possibly jail time. It is crucial to retain counsel before your first Court date. If you retain qualified DUI defense counsel, they can most likely attend all scheduled court appearances for you, assuming you comply with any conditions of your release. Your attorney will work with you to develop a defense strategy tailored to your case. This may involve gathering evidence, reviewing discovery, and negotiating with the prosecution. Josh Tomsheck’s deep understanding of DUI law and his commitment to his clients can provide you with the best possible defense.

Step 9: Consider the Consequences of a Conviction

A DUI conviction in Nevada can have lasting consequences, including a permanent criminal record, increased insurance rates, loss of employment opportunities, and travel restrictions. Nevada’s DUI laws are among the toughest in the nation, making it essential to mount a strong defense. Josh Tomsheck has a track record of achieving favorable outcomes for his clients, including case dismissals, acquittals, and reduced charges. His experience as a board-certified criminal defense attorney and his membership in the National College for DUI Defense make him uniquely qualified to handle complex DUI cases.

Step 10: Explore Options for Record Sealing

If you are convicted of a DUI in Nevada, you may be eligible to have your record sealed after a certain period. Record sealing can help mitigate the long-term impact of a DUI conviction, allowing you to move forward with your life without the burden of a criminal record.

Consult with your attorney to understand the eligibility requirements and process for record sealing in Nevada. Josh Tomsheck can guide you through this process and help you take the necessary steps to restore your reputation and future.

Being pulled over for a DUI in Nevada is a serious matter, but knowing your rights and following these steps can help you navigate the situation more effectively. Having a dedicated and experienced attorney like Josh Tomsheck on your side can make all the difference in the outcome of your case. With his expertise, you can confidently face your DUI charges and work towards the best possible resolution. If you or a loved one is facing DUI charges in Nevada, contact Josh Tomsheck for a consultation and take the first step in protecting your rights and future.