Everyone has their misconceptions about DUI (Driving under the Influence)as despite being one of the most common crimes in Nevada, not a lot are informed well of the factors that could mean an arrest. On this post, we learn some Nevada DUI myths that may or may not be true.
You need to be driving to be arrested for DUI
While it has the word driving attached to its name, you could also get arrested for DUI even if it has been hours since you have driven your car while under the influence. This is called DUI without driving. According to the DUI laws in Nevada, anyone who is in physical control of a vehicle could be guilty of DUI.
Police officers could come at your door to arrest you for the DUI you have committed an hour ago and this includes being behind the steering wheel with the engine running. Even if the car is not moving, just that it is active in a place where the public has access to is enough probable cause for you to be arrested.
You can refuse a preliminary breath testing
It is a common Nevada DUI myth that one can refuse a preliminary breath testing or any form of sobriety tests a police officer will conduct. Yes, technically you can refuse but, in Nevada, failing to comply on DUI tests means immediate or additional penalties such as revocation of your license.
You are clear if you pass the Breathalyzer test
This well-known Nevada DUI myth is not true. A police officer who has an intense belief that you were driving while intoxicated can also perform chemical testing for blood and urine which are arguably better indicators that you were drunk or drugged driving. If your results yield negative then you shall be let go and the certain police officer might have only been mistaken or finding ways to incriminate you for no reason.
Your cooperation could persuade the officer to not arrest you
Performing sobriety tests and being polite to an officer would not mean that he will let you go. Police officers still work under the law and it does not matter how kind you are to them, they will still accomplish their duty if it is necessary.
However, this does not mean that being respectable to the arresting police officers will not do you good. Not forcefully resisting and answering in a civil manner means good character that could be used to lighten your charges in court. The opposite could prove detrimental to your case and other charges could be imposed on to you according to the DUI laws in Nevada.
Your DUI charges are only mild and it will not really affect you
A first DUI charge, while a misdemeanor, can still affect your life in a remarkable manner. There are jail times of up to six months, fines of $1,000, and intervention programs that you need to face. Apart from that, there is a possibility of your driver’s license being revoked and it is considered to be a hassle to try and retrieve your license back as there are a lot of waiting times involved.
First time DUIs also appear in your criminal record (even if it just an arrest and not a conviction), and you can never expunged them in Nevada but only seal them. DUIs also carry the stigma of you being an irresponsible driver which can greatly affect your career as well as your relationships with people.
It is important that you know what is right and what is not in from many Nevada DUI myths as to better prepare you in case you encounter it soon. The best option, however, if arrested is having a Las Vegas DUI attorney who should help you differentiate myths from what is legal.