How Soon Will I Have A First Court Date After A Charge For DUI?
Typically, after you’re released from jail, you get a court date about two months later, if you did a Breathalyzer test. If you were given a blood test, it takes six to eight weeks to come back to the district attorney. A lot of times, it will get dragged out an additional two or three months before the case actually starts to go forward. At the initial court date, your attorney can appear for you. They will plead not guilty, get the police reports and other evidence against you, and then the case really begins.
Can I Ever Have A DUI Conviction Removed From My Record Or Sealed?
If you don’t have any new contacts with the law, your record can be sealed after a period of seven years.
What Are Potential Defenses That Can Be Used In DUI Cases?
As a DUI attorney, we’re looking at your case, step by step, from the moment you made contact with the police. We’re looking for mistakes made in terms of due process or procedures. For example, by Nevada’s statute, in order to use a blood or breath test against you, it has to be performed within two hours of the time that they can place you in physical control of the vehicle, because your blood alcohol level can actually rise over time. Anything beyond two hours would be used to get that test thrown out. Then, the case is much harder for them to prove.
There are certain medical conditions that affect the evidentiary tests as well. Diabetes or having dentures in one’s mouth can affect the tests, if they don’t use proper procedures. Before a breath test, they have to observe a 15-minute observation period. There are certain calibration issues with respect to the equipment. They always take two tests. We can create some questions about the reliability of the equipment or the calibration of the equipment with blood tests. Sometimes, we have the blood reanalyzed. If the reanalysis of the blood is dramatically different, there is something wrong. For example, when they take a blood test, there’s a preservative at the bottom of the vile, which stabilizes the blood. If that’s not mixed properly, the blood can continue to ferment. By the time it gets to the forensics lab, it’s a higher level than it was within your bloodstream. The test can be thrown out.
One of the other big defenses is whether or not they even had the right to arrest you. If they didn’t have the probable cause to make the arrest, any future statements made by you or evidentiary tests are illegal and can’t be used. You really need a qualified attorney to look at these things from start to finish. It is imperative to find a private attorney, who can give your case the time and attention it deserves.
For more information on Having The First Court Date In A DUI Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 829-7222 today.
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