Las Vegas DUI Attorney Blog
The laws in Nevada are constantly being amended or changed, both by courts and lawmakers. It is imperative, that when you are charged with a DUI in Nevada, you have a lawyer who is up to date on changes in the law. In order to have the best lawyer for your DUI charge, you must have an attorney who is aware of the current state of DUI law and how best to use those laws to build your defense.
A good example of a change in the law that those charged with a DUI should be aware of is Assembly Bill 67 (AB67). This new law was voted into place unanimously and has many significant changes for those charged with a DUI in Nevada.
One main component of the bill is that removes the antiquated legal principle of “implied consent” to allow law enforcement to take a forensic blood or breath sample. While a Nevada driver can still consent to either test, if a driver refuses to voluntarily to take a test, a warrant is now required before the blood can be taken. Moreover, if a driver refuses to submit to a test, his or her license is subject to revocation for a period of one (1) year following the refusal.
Additionally, prior to AB 67, a legal document known as an “Affidavit” allowed to be submitted in trial to attempt to prove a DUI charge unless the Defendant established a “substantial and bona fide” dispute as to the facts in the Affidavit prior to Trial. Following AB 67, and Affidavit to prove facts at Trial is not admissible if the Defendant (or his lawyer) objects 10 or more days prior to Trial. This requires the prosecutor to bring in the witness, instead of a sheet of paper, to prove their case and allows for a defense attorney to thoroughly cross examine the witness on the content of their testimony.
Perhaps the most important change in the law under AB 67 is the definition of “actual physical control of a vehicle.” Previous to this new law, individuals were commonly charged with Driving under the Influence, when they were intoxicated, but asleep in a parked vehicle. Now, if you are asleep in a vehicle, the engine is off, you are not in the driver’s seat and the car is legally parked, you are by law NOT in actual physical control of the vehicle and should not be charged and cannot be convicted of a DUI.
Changes in DUI law in Nevada mean that it is crucial to have the best possible DUI defense. You need to have an attorney who is familiar with the new statutes and who can use them to your benefit. If you, or someone you know, has been arrested for a DUI call an experienced Las Vegas DUI Defense Attorney right away. At the law firm of Hofland & Tomsheck, we have handled countless cases such as these. We can get you the best results possible. Often, we can get the charges against you drastically reduced or dismissed altogether. Attorney Josh Tomsheck is a Nationally Board Certified Criminal Defense Attorney who has been recognized by the Nevada State Bar as a Specialist in Criminal Trial law. We look forward to helping you put these unfortunate situations behind you and helping you get back to your life. Contact us today.