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In the State of Nevada, you DO NOT have to submit to DUI (breath) testing and your license in this state will not be automatically suspended. You do, however, have to request a DMV Administrative Hearing.
My BEST advice for DUI and for any other criminal legal matter: Do not EVER talk to the police! EVER! Do not make any statement whatsoever to them or anyone else. Let them do their processing (booking) and invoke the "I want a lawyer" right. After you say that, ****! Settle in and wait until you talk to your lawyer. BTW, the cops will try HARD to antagonize you. They want you to talk or act out in some other manner to pile on more charges. Don't do it!
As for LVD witnessing assault and battery by detention officers, MadManofBethesda is right; totally unconstitutional and illegal. But, cops do this sort of stuff because they can and do get away with it. What true drunk is going to remember officers names and badge numbers to launch an internal investigation with internal affairs? And, it seems getting any reprimand on a cop in Las Vegas is zilch! Look how many officer involved shootings there are and how many walk without consequence. I've never seen so much corruption (and I have seen it in other places too) like here in Vegas.
I agree with uncle_el, just avoid the situation altogether and don't drink and drive. It is easier and certainly less costly. But, let's say you do drive drunk and you can't make it home. Pull over to the side of the road and get in the back seat to sleep it off. Why the back seat? When a cop comes to check on the car and finds you in the back seat they can't charge you with DUI. In fact, you can lie at this point and say a friend was driving you home and apparently thought it would be funny to leave you there.
As for your friend that walked skisickie, he just had a tour of the CCDC. I would venture to say that the evidence didn't support the charges, but with this DA office and their bag of tricks, you never know.
Sierra Madre, badbadbad,
You have obviously never gotten a DUI here, so please do not give advice if you do not have the experience. I have more to tell if I need on my own DUI, but I will not air all my dirty laundry unless I have too.
Edit: Your constitutional rights are COMPLETELY gone once you get arrested for DUI in Las Vegas. I was bailing myself out before I was restrained for the next 5 days. I was told I was now property of the state, and had no right to use the phone anymore since I might try to strangle myself with the cord. You have no idea what happens in the jail here.
An overview of chemical testing in Nevada DUI cases
FORCIBLE BLOOD DRAW - A police officer may direct the person to submit to a blood test if the officer has reasonable grounds to believe that the person was DUI and caused death or substantial bodily harm to another person, or that the person has a previous DUI conviction within the last 7 years. Additionally, if a person to be tested refuses to submit to a required test and the officer has reasonable grounds to believe that the person to be tested was DUI, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the concentration of alcohol or presence of a controlled substance or another prohibited substance in his blood.
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath
The KEY points in what you posted LVD is this: "reasonable grounds to believe that the person was DUI and caused death or substantial bodily harm to another person, or that the person has a previous DUI conviction within the last 7 years."
There is also a procedural manual that police have to follow, but I can't remember the name of it off the top of my head. If they fail to follow procedures, this can be another defense to a possible conviction.
Amazingly, I just looked up the DMV drivers handbook and it totally goes against what I posted previously that was presented in a class by a DUI attorney --- that you don't have to submit to a breath test. The drivers handbook says you do. Humm... conflicting.
You have obviously never gotten a DUI here, so please do not give advice if you do not have the experience. I have more to tell if I need on my own DUI, but I will not air all my dirty laundry unless I have too.
Edit: Your constitutional rights are COMPLETELY gone once you get arrested for DUI in Las Vegas. I was bailing myself out before I was restrained for the next 5 days. I was told I was now property of the state, and had no right to use the phone anymore since I might try to strangle myself with the cord. You have no idea what happens in the jail here.
LOL... okay. Will DM you offline. We'll compare notes. Where you in the back seat? That was the only advice I gave besides Shut The F Up.
Last edited by sierramadre44; 12-29-2009 at 11:21 AM..
Drunks deserve what drunks get. I only feel for the innocent folks who get hurt or killed because some idiot looser needs to get a buzz on. Habitual drunks do not deserve rights.
Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance
NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.] 1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath
The KEY points in what you posted LVD is this: "reasonable grounds to believe that the person was DUI and caused death or substantial bodily harm to another person, or that the person has a previous DUI conviction within the last 7 years."
There is also a procedural manual that police have to follow, but I can't remember the name of it off the top of my head. If they fail to follow procedures, this can be another defense to a possible conviction.
Amazingly, I just looked up the DMV drivers handbook and it totally goes against what I posted previously that was presented in a class by a DUI attorney --- that you don't have to submit to a breath test. The drivers handbook says you do. Humm... conflicting.
I got a DUI here in 2006, and while I did get a DUI in Arizona in 2000, they had no knowledge of it. Your links or whatever does not make up for my real experience of being arrested and locked up for DUI. Once you are arrested, your rights are gone here. I do not care if you believe me or not, but they locked me up buck naked with another naked guy for 5 days BEFORE releasing me. I was just about to be bailed out before they strapped me to a chair for the next 12 hours. No, I was not violent. Right before I was being bailed out, they asked me if I was depressed. I answered yes, and they decided I was now suicidal. The SENTENCE for DUI is only 2 days, but I spent 5 before I was released!!!! When I was in the cell naked, my cell mate and I asked for toilet paper. YOU KNOW WHAT THEY SAID!!!! WE COULD NOT HAVE TOILET PAPER BECAUSE WE MIGHT TRY TO STUFF IT DOWN OUR THROATS TO KILL OURSELVES!!!!! I really do not want to go anymore into it, but you are dead wrong so please do not give advice on something you have not been through, ok?
I got a DUI here in 2006, and while I did get a DUI in Arizona in 2000, they had no knowledge of it. Your links or whatever does not make up for my real experience of being arrested and locked up for DUI. Once you are arrested, your rights are gone here. I do not care if you believe me or not, but they locked me up buck naked with another naked guy for 5 days BEFORE releasing me. I was just about to be bailed out before they strapped me to a chair for the next 12 hours. No, I was not violent. Right before I was being bailed out, they asked me if I was depressed. I answered yes, and they decided I was now suicidal. The SENTENCE for DUI is only 2 days, but I spent 5 before I was released!!!! When I was in the cell naked, my cell mate and I asked for toilet paper. YOU KNOW WHAT THEY SAID!!!! WE COULD NOT HAVE TOILET PAPER BECAUSE WE MIGHT TRY TO STUFF IT DOWN OUR THROATS TO KILL OURSELVES!!!!! I really do not want to go anymore into it, but you are dead wrong so please do not give advice on something you have not been through, ok?
If you had not gotten DRUNK to begin with none of that would have happened to you. No sympathy or empathy from me sorry.
I got a DUI here in 2006, and while I did get a DUI in Arizona in 2000, they had no knowledge of it. Your links or whatever does not make up for my real experience of being arrested and locked up for DUI. Once you are arrested, your rights are gone here. I do not care if you believe me or not, but they locked me up buck naked with another naked guy for 5 days BEFORE releasing me. I was just about to be bailed out before they strapped me to a chair for the next 12 hours. No, I was not violent. Right before I was being bailed out, they asked me if I was depressed. I answered yes, and they decided I was now suicidal. The SENTENCE for DUI is only 2 days, but I spent 5 before I was released!!!! When I was in the cell naked, my cell mate and I asked for toilet paper. YOU KNOW WHAT THEY SAID!!!! WE COULD NOT HAVE TOILET PAPER BECAUSE WE MIGHT TRY TO STUFF IT DOWN OUR THROATS TO KILL OURSELVES!!!!! I really do not want to go anymore into it, but you are dead wrong so please do not give advice on something you have not been through, ok?
I sent you a DM. Don't think you are the only one that has had humiliating unwarranted experiences with Las Vegas' finest. Remember, I had an abusive ex that could snowball frosty and I know the cops well. Hell, I knew most of them at the South Station by first name and had the Captain's direct phone number! Why do you think I have so much legal experience? Think man, think!
LOL... okay. Will DM you offline. We'll compare notes. Where you in the back seat? That was the only advice I gave besides Shut The F Up.
It is not LOL It was an absolutely horrible experience. I did not hit or kill anyone either, it was a standard DUI for street racing. I like your posts, but I am seriously upset right now as this is bring up bad memories. Needless to say, I am drunk now, but I am not driving for another 12 hours until I go to work. I learned my lesson.
It is not LOL It was an absolutely horrible experience. I did not hit or kill anyone either, it was a standard DUI for street racing. I like your posts, but I am seriously upset right now as this is bring up bad memories. Needless to say, I am drunk now, but I am not driving for another 12 hours until I go to work. I learned my lesson.
This is the statement that the LOL was about "so please do not give advice if you do not have the experience." YOU HAVE NO IDEA ABOUT MY EXPERIENCES DEAR! I'm not upset and I'm not drinking... except coffee. I learned a lesson too... S-T-F-U when it comes to dealing with cops! Their primary objective is to arrest you! Hook 'em and book 'em. What else happens is the lawyer dance. And, if you have enough green backs you can find (pay for).... what is that word.... oh, yeah, justice. ROTFLMAO!
OR you can do what I did and learn how to fight by playing the game of court.
Last edited by sierramadre44; 12-29-2009 at 11:43 AM..
Reason: addition
you can have a beer and drive right? That is all he had
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Settle in and wait until you talk to your lawyer. BTW, the cops will try HARD to antagonize you. They want you to talk or act out in some other manner to pile on more charges. Don't do it!
bad
I learned a lesson too... S-T-F-U when it comes to dealing with cops! Their primary objective is to arrest you! Hook 'em and book 'em. What else happens is the lawyer dance. And, if you have enough green backs you can find (pay for).... what is that word.... oh, yeah, justice. ROTFLMAO!
