Can You Guarantee Me a Certain Outcome in My DUI Case?

One of the most common questions people ask after a DUI arrest in Las Vegas is:
“Can you guarantee me that my charges will be dropped?”
“Can you promise I won’t go to jail?”
“Can you get my DUI reduced to reckless driving?”

If you’re facing DUI charges, it’s completely natural to want clarity and certainty about what’s going to happen. But the truth is — no ethical, experienced DUI lawyer in Nevada will guarantee a specific outcome.

At the Las Vegas DUI Defense Center, Attorney Josh Tomsheck offers something far more valuable than empty promises: honesty, experience, and a proven track record of results.

Let’s break down what you can—and cannot—expect from a DUI lawyer in Las Vegas and why guarantees are a red flag, not a reassurance.

Why No Lawyer Can Guarantee a Specific Result in a DUI Case

1. Each Case Is Unique

No two DUI cases are the same. Factors that impact your case include:

• Your blood alcohol concentration (BAC) level
• Whether you refused a chemical test
• Whether there was an accident or injury
• Any prior DUI convictions
• Whether your case involved a felony DUI
• The arresting agency and jurisdiction
• The judge and prosecutor assigned

Even seemingly small details — like whether the forensic breath test was properly calibrated — can significantly impact how a case unfolds.

Because every DUI case involves a complex mix of legal, factual, and procedural elements, no responsible attorney can “guarantee” how it will be resolved.

2. The Legal System is Adversarial and Unpredictable

DUI cases in Nevada are prosecuted aggressively, especially in jurisdictions like:

• Las Vegas Justice Court
• Las Vegas Municipal Court
• North Las Vegas
• Henderson
• And throughout Clark County

Judges and prosecutors have discretion. A prosecutor may reject a plea deal one day and accept it the next. A judge may deny a motion to suppress despite strong arguments. These variables are out of the lawyer’s control.

That’s why experienced DUI attorneys like Josh Tomsheck rely on thorough preparation, deep knowledge of the law, tireless litigation and effective negotiation—not guarantees.

3. Guarantees May Violate Nevada Ethics Rules

According to the Nevada Rules of Professional Conduct, it is unethical for an attorney to guarantee a result in a criminal case.

Rule 7.1 prohibits a lawyer from making “false or misleading communication about the lawyer or the lawyer’s services,” including promises of outcomes.

If a lawyer tells you, “I guarantee your case will be dismissed” or “You will not serve jail time,” they are likely violating their ethical obligations — and may be putting your future at risk.

What a Skilled DUI Lawyer Can Promise You

While no honest lawyer can guarantee you a particular outcome, a skilled DUI attorney can promise the following:

They will fight tirelessly to protect your rights.

From challenging the initial traffic stop to analyzing breath or blood test results, a top DUI lawyer leaves no stone unturned.

They will communicate clearly and honestly.

You deserve straight answers and realistic expectations—not sugar-coated promises.

They will use every legal tool available.

This includes filing motions to suppress unlawfully obtained evidence, seeking dismissal for lack of probable cause, or pushing for reduced charges through skilled negotiation.

They will leverage experience and reputation.

Attorney Josh Tomsheck is a former Clark County Chief Deputy District Attorney and Board-Certified Criminal Trial Lawyer. He understands how prosecutors think and knows what evidence matters to judges and juries.

They will work to minimize consequences.

Even when a case can’t be dismissed outright, a skilled attorney can often:

• Reduce a DUI to a reckless driving charge
• Negotiate for no jail time
• Help you avoid a license revocation
• Arrange for the attendance of simple classes or fines/community service instead of harsher penalties

How Josh Tomsheck Builds a Winning DUI Defense

Attorney Josh Tomsheck doesn’t rely on promises — he relies on preparation, legal skill, and proven strategy. His approach to DUI defense includes:

• Reviewing dash cam and body cam footage
• Challenging the legality of the traffic stop or arrest
• Identifying issues with breath or blood testing procedures
• Investigating whether field sobriety tests were properly administered
• Questioning whether your constitutional rights were violated
• Analyzing police reports for inconsistencies or omissions
• Leveraging his reputation to negotiate the best possible resolution
• Litigating the most difficult cases to trial before a judge or jury

Josh has successfully defended DUI charges in Las Vegas Justice Court, Las Vegas Municipal Court, and in courts across Clark County and throughout Nevada.

Red Flags: When a Lawyer’s “Guarantee” Should Make You Walk Away

If you’re meeting with a DUI lawyer and they say:

• “I guarantee your charges will be dropped.”
• “There’s no way you’ll lose your license.”
• “We’ll get this reduced, no problem—don’t worry about it.”
• “Pay me now and I promise you’ll get no jail time.”

Be cautious. These statements are not only unethical, they are dangerous.

Why? Because you may end up paying for a lawyer who’s more interested in making a sale than defending your rights. And when things don’t go the way they promised, you’re left facing the consequences.

A great DUI lawyer doesn’t make guarantees—they earn trust through experience, reputation, and results.

What Past Clients Say About Working With Josh Tomsheck

“I met with two other attorneys before finding Josh. They promised they could get the DUI dismissed, no problem. Josh didn’t do that. Instead, he walked me through every possibility, good and bad. And then he delivered—my charges were reduced and I kept my license. He’s the real deal.”
— Former DUI Client, Las Vegas

“I was facing my second DUI in Henderson. I called Josh Tomsheck because he came highly recommended. He didn’t sugarcoat anything. He laid out the defense plan and got to work. In the end, the case was dismissed because of a faulty blood draw. Couldn’t have asked for a better lawyer.”
— R.B., DUI Client

What Should You Do Next?

If you’ve been charged with DUI in Las Vegas or Clark County, you don’t need a guarantee—you need a game plan.

Call a DUI defense lawyer who:

• Has handled thousands of DUI cases
• Is a former prosecutor who knows how the state builds its case
• Has won DUI trials and negotiated countless reductions
• Will give you honest answers and expert guidance

📞 Call Attorney Josh Tomsheck at (702) 895-6760
📍 Visit our office at 228 S. 4th Street, Las Vegas, NV 89101
🌐 Schedule your consultation at LVNVLawFirm.com

We don’t make guarantees. We make strong cases. Let Josh Tomsheck fight for your best outcome.

SERIOUS DEFENSE FOR SERIOUS DUI CHARGES