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Unsure of my attorney's advice. Please advise.

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Junior Member
What is the name of your state? NV

7/2005 I was arrested for DUI first offense. I was driving my friend home in his car when I rear ended someone in a minor accident. When the police arrived they could smell alocohol, likely coming from my friend who was by all means intoxicated. I was given a field sobriety test which despite being in minor shock from being in a car accident my first time I thought I did fairly well on. I was surprised when the officer instructed me to place my hands behind my back.

Like most people who are being charged with something they are not acustomed to, I am beginging to feel my attorney is dragging his feet. The discovery arrived a few weeks ago from my blood work. There was no trace of alcholol, however it did come up positve for Diazepam (valium). To my understanding there is no statutory limit in Nevada for this which makes this all the more uncertain.

My attorney has advised me that all blood work/urine etc must be drawn within 2 hours of my operating a vehicle in order for it to mean anything in court. Along with the blood work was an afidavit signed by the jail's nurse who drew my blood. She ommited to mark the time in which she took the blood, leaving the provided field blank. As a result of this my attorney has said that "my case looks pretty good". He said the D.A. will LIKELY offer me a plea of Wreckless Driving. When I asked if I should accept this he said "it's up to you, but I would fight it". Nothing has happend yet and my trial is not until Oct 6. I have already entered a plea of Not Guilty. I am wondering if my case does indeed sound as though a have a leg to stand on.

Much thanks in advance.



Senior Member

You mean the blood work for alcohol came back .000? You had consumed no alcohol? The valium charge can be just as big a deal though. Having gone through the whole DUI arrest and penalties process, if I were in your position and were offered the Wreckless, I would be inclined to take it. You can certainly fight it, but it's a "craps-shoot". You either win or lose in many cases. A better offer could come from the prosecutor within the trial period, but I don't think my nerves would hold out. Your trial will be for DUI, not wreckless.

In any case, you should not operate a vehicle on valium. I'm sure you have come to that conclusion now.


Junior Member
BigMistakeFl said:
In any case, you should not operate a vehicle on valium. I'm sure you have come to that conclusion now.
I have indeed.

I consumed alcohol much much earlier in the day, about 6-7 hours prior to the arrest and it was a very small ammount. When the officer asked if I drank today I told him the truth, I had 2 beers hours ago. Apparently it was burned off and did not appear in my blood work.

My attorney has told me the amount of valium can still be enough for a DUI, however he has said their prosecution is damaged as a result of the time ommision.

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