What are the most common ways people in Nevada get arrested for DUI?

October 7, 2024 | Hofland & Tomsheck

Most Common Ways People Get Arrested for DUI: Traffic Stops, Accidents, and More

Driving under the influence (DUI) is one of the most frequently charged offenses in Nevada, especially in busy areas like Las Vegas, where tourism and nightlife make alcohol consumption common. However, most DUI arrests don’t happen because someone is pulled over randomly. Instead, they typically result from specific behaviors or circumstances that catch the attention of law enforcement. Understanding the most common reasons people get arrested for DUI can help you avoid these situations and recognize when it’s time to seek legal help.

This blog explores the most frequent causes of DUI arrests, from traffic stops to accidents, and highlights how Attorney Josh Tomsheck can assist if you find yourself facing DUI charges in Nevada.

What Happens After a Las Vegas DUI Arrest for a Nevada Licensed Driver

September 27, 2024 | Hofland & Tomsheck

What Happens After a Las Vegas DUI Arrest for a Nevada Licensed Driver

Being arrested for Driving Under the Influence (DUI) in Las Vegas can be a frightening and overwhelming experience. For Nevada-licensed drivers, understanding what happens after the arrest and how the legal process unfolds can make a significant difference in how they handle their case. From the initial arrest to the potential penalties, and the steps you can take to protect yourself, this blog post will guide you through what to expect after a DUI arrest in Las Vegas.

1. The DUI Arrest

How Nevada DUI Laws and Punishments Compare to Other States

September 25, 2024 | Hofland & Tomsheck

How Nevada DUI Laws and Punishments Compare to Other States

Driving Under the Influence (DUI) is a serious offense across the United States, with laws and penalties varying significantly from state to state. Nevada is known for having strict DUI laws, and its approach to punishing offenders reflects the state’s commitment to road safety. This post will explore how Nevada’s DUI laws and punishments compare to those in other states, including aspects such as blood alcohol content (BAC) limits, penalties for first-time and repeat offenders, DUI checkpoints, and the rising issue of driving under the influence of marijuana. At the end, we’ll also discuss how a skilled Las Vegas DUI attorney like Josh Tomsheck can help if you are facing DUI charges in Nevada.

Blood Alcohol Content (BAC) Limits

Changes in Nevada DUI laws can impact your case

September 26, 2016 | Hofland & Tomsheck

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.

How to hire the “best” DUI Lawyer — things you should consider

October 1, 2013 | Hofland & Tomsheck

Some of the questions that are often asked to Nevada lawyers are “who is the best lawyer” or “How do I find the best attorney.” These questions are often asked by those who have been arrested for Driving under the Influence or are curious about what they should do if they are.

While it is impossible to know who “the best” lawyer is for any individual case and there are likely several individual attorneys or firms who rank among the elite in their practice area, there are certainly several things a person should consider before hiring a lawyer for their DUI case.

Among the things to consider are the following:

Don’t focus on television or radio ads. While many good lawyers DO advertise in today’s information driven age, the presence of an ad on television means nothing about a lawyer’s ability or work ethic. Instead of snappy ads, focus on things like the organizations a lawyer belongs to, what certifications and specialized training he or she has received, ratings from independent rating agencies or referrals from other members of the legal community.

Interview more than one attorney. While there are some situations where you would want to hire the first person you talk to, such as an ironclad referral from someone knowledgeable that you implicitly trust, in most cases it is good to talk to more than one individual attorney. This allows you get different perspectives from different professionals and to develop a sense of comfort in the relationship with attorney you are talking with. This is very important given the fact that you must trust the person who is standing up for you in Court while you fight your DUI charge.