Blog - Darren Weiss Law

What are My Rights at a Sobriety Checkpoint in Las Vegas?

If you are out of a weekend or during a special event in the Las Vegas area, there is a good chance you may encounter a sobriety checkpoint. As the name suggests, these are places on the road where the police can stop a driver in order to assess whether he or she has been driving under the influence of drugs or alcohol. Being stopped can be intimidating but knowing your rights in this situation can help you avoid making critical mistakes. Sobriety Checkpoint Rules Although the police are permitted to set up checkpoints, this does not mean that there …

Getting a DUI While Not Driving

When you think of “Driving While Intoxicated” (DUI) you would naturally assume that to be arrested for this offense you would have to have operated a motor vehicle while legally intoxicated or on drugs. However, a surprising fact is that under certain circumstances you can get a DUI without ever moving your vehicle. Nevada Law When you have been out drinking and feel that you have had one too many to drive, it can seem logical to get into your car and close your eyes and rest rather than going anywhere. However, prior to a significant change in the law …

What Constitutes Probable Cause in a DUI Arrest in Nevada?

Many of us have heard the term “probable cause” on popular shows and in films but may not have a sense of what it means. However, if you have been arrested for a DUI in Nevada, understanding what constitutes probable cause within this context is critical. The Reason for the Stop In order for a police officer to pull you over he or she has to have “reasonable suspicion” that a law is being broken or crime is taking place. The officer does not have to suspect that you are driving under the influence to ask you to pull over. …

What You Need to Know About Nevada’s Living Will Laws

Depending on where you are in life, you may not have given the idea of medical incapacitation much thought. This may be a product of youth or not being fully aware of the consequences of not having the right measure in place. Whatever the case may be, it is essential to know about Nevada’s living will laws and how they can impact you. What is a Living Will? A living will or “declaration” is a document which details an individual’s preferences for medical treatment should he or she become unable to express them to doctors and other care providers. Another …

Do I Have to Allow a Blood Test When Suspected of DUI?

When a driver is stopped in Nevada under suspicion of driving under the influence (DUI), it is common for the investigating officer to request that the individual provide a biological sample. Although you often think of breathalyzer tests being used in this context, there can be circumstances when a driver may be asked to give a blood sample. A driver confronted with this request may ask: Do I have to allow a blood test when suspected of DUI? Implied Consent Nevada, like most other states, has “implied consent” laws for drivers. Essentially, implied consent means that by using Nevada roads …

Will I Have to Go to Prison for a DUI in Nevada?

Being arrested for driving under the influence (DUI) can wreak havoc on almost every part of your life. Your life, ability to drive, and job can be seriously damaged in a matter of minutes. Additionally, depending on the circumstances, you may also be facing the devastation of a prison sentence. Jail v. Prison Although the terms jail and prison are often used interchangeably, being sentenced to time in jail is not as severe as a prison sentence. Incarceration in jail usually refers to shorter-term sentencing for lesser offenses or those awaiting trial. Further, counties or cities operate jails. Prison sentences …

The Standardized Field Sobriety Test and Why it Doesn’t Work

In Nevada, drivers who are pulled over for driving under the influence (DUI) may be asked by the officer to take a Standardized Field Sobriety Test. When a driver agrees to submit to this type of examination, he or she will perform certain movements and tasks so that the officer can better assess the individuals’ sobriety. However, a driver who allows themselves to be evaluated in this manner is taking a tremendous risk. Here is what you need to know about what Field Sobriety Test involves and why they are ineffective. What is a Standard Field Sobriety Test? Standard Field …

What the new driver’s license/breath interlock law means for you

On October 1, 2018, Senate Bill 259 went into effect making significant changes to Nevada DUI law. Specifically, amendments concerning driver’s license revocation and the use of breath interlock devices have made it to where having more than the legal limit of alcohol or certain drugs in your system or refusing to submit to testing, will have severe consequences. With the implementation of its new statutory provisions, Nevada joined twenty-nine other states which have instituted mandatory breath interlock laws. If you have never heard of a breath interlock device, also known as an ignition interlock device, or this law, you …