Proving a Nevada DUI Case

Proving a Nevada DUI Case

When you are on the defense side of a Nevada DUI Case, the best thing for you to do is to try to disprove the prosecutor’s complaints against you. To do this, your DUI lawyer should have given you an overview of Nevada DUI laws as well as the probable course of actions of the prosecutors.

In hindsight, there are three ways for a prosecutor to prove that you are guilty in violation of Nevada DUI laws or of driving under the influence. The key here is to disprove at least one of these three key elements because unless all of the three are proven beyond unreasonable doubt, the case against you remains to have a “not guilty” verdict.

The first thing that the prosecutor must do is to prove in court that the defendant is not able to drive any motor vehicle safely because of being under the influence of alcohol and/or drugs. This evaluation shall be based solely on the observations of the arresting officer. He shall be the one to determine your manner of driving and your physical appearance. More than anything else, you shall be subjected to an implied consent test to determine the alcohol contents in your blood.

The second one that can be used against you is the actual result of the test itself. According to Nevada DUI laws, it really would not matter if you were drunk or not when you were caught. What determines driving under the influence is the blood alcohol content upon arrest which must not go above or equal to 0.08%.

Lastly, the state of Nevada shall convict you with driving under the influence as long as any prohibited substance is detected in your bloodstream while you were driving. To contest this, you have to provide a drug prescription of the substance found in your blood.