Monthly Archives: June 2014

Everything You Need to Know About DUI Laws in Nevada

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Apparently, drinking alcohol and driving afterwards can be a lethal combination. Nevada state laws prohibit anyone with a blood alcohol concentration or BAC or 0.08 percent and above to drive that might result to a case of reckless driving.

All throughout the United States, reaching the 0.08 BAC standards would make a driver “impaired” to drive. For those who are under 21, a BAC standard of 0.02 percent is enough to be charged with DUI while commercial drivers are held to a much higher standard where there is actually no minimum – so long as a commercial driver is drunk, they can be immediately charged with DUI.

How many drinks does a BAC standard of 0.08 percent equal to?

Determining how many drinks it would take to reach the 0.08 percent limit is difficult to tell. There are several factors that affect BAC results like sex, weight, and the percentage of body-fat of the person.  The best advice to take then is not to drive when you’re drunk. Driving under influence risks your life, other people and might even cost you thousands of dollars in fines as well as your freedom.

What happens when you refuse a proper DUI chemical test?

If an officer asks you to pull over due to drunk driving, Nevada laws states that you should have a proper chemical test. This may be a breath or blood test. These tests are usually performed at the time of your arrest to immediately prove whether you are drunk by the standards of Nevada laws or not. Nevada has an implied consent law where all drivers must submit to an officer’s request for BAC testing. Consenting to take the test also gives you the right to have another test perform by a medical professional of your own choice.

However, refusing to take the chemical test might automatically result in the suspension of your driving license as well as payment of a fine. Also, refusing to take the test might direct the officer to use reasonable force to obtain breath or blood samples.

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What happens when you’re charged with DUI in Nevada?

A first offense of drunk driving might result to being jailed for two days to six months or you may resort to paying a fine of $400-$1,000. Your driving license may also be suspended and it’s possible that an Ignition Interlock Device or IID may be required.

With a second offense, you might be jailed for 10 to six months and pay a fine of $750-$1,000. Your driving license is also suspended for a year and the possibility of IID to be required. A third offense might result to one to six years in jail, $2,000-$5,000 in fines and three years of license suspension. During this time, the presence of an IID inside your car will be required.

What is an IID?

Ignition Interlock Device or IID is a device like the breathalyzer. However, the IID is connected to your vehicle’s ignition system. Once you breathe and the IID detects a certain amount of blood alcohol concentration, the vehicle engine will not start.

How can you win your DUI case against in Nevada?

Guilty or not, DUI laws are too complex and would require the expertise of a DUI lawyer. If you want your constitutional rights to be protected, having a professional DUI defense lawyer in Las Vegas with you will help you understand your case more.

For further reading, read our post on The Most Common DUI Mistakes in Nevada.

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General Info about DUI in Nevada

In Nevada, driving under the influence is a serious crime – anyone who has committed DUI can be arrested, convicted, and face harsh penalties. If you or someone you know were arrested for DUI in Las Vegas, then please contact an attorney at once. The intent of this article is to inform and educate, and should not be taken as legal advice or counsel.

How arrests happen

DUI cases always start with the arrest, which is caused by a police officer having a reasonable suspicion that a driver is committing DUI. For example, the officer may notice the driver’s erratic driving (i.e. swerving or stopping/starting randomly) or they took action because they have received reports from the police dispatcher about someone driving while intoxicated.

DUI is not limited to alcohol or land vehicles

People may not know that DUI is not only limited to alcohol; it also applies to drugs too. Furthermore, DUI is also not limited to land vehicles such as cars; one can be arrested for boating while intoxicated.

DUI – different names, same meaning

DUI is also known as driving under the influence, driving while intoxicated (DWI), intoxicated driving, and inebriated driving.

DUI is composed of different laws

While “driving under the influence” seems descriptive enough, it does not take into account other factors like a person’s alcohol tolerance, or their reactions to various drugs; therefore, various laws exist to support DUI:

Illegal Per Se Law – Alcohol consumption means the alcohol will eventually end up in the consumer’s breath, urine, or blood. As a result, various tests and equipment have been created to measure the defendant’s blood alcohol content or BAC and suggest a legal safe limit.

The maximum BAC level for most drivers is 0.08%, but commercial drivers have a legal limit of 0.04%. Minors (below 21 years old) have a lower BAC limit, with a maximum of 0.02%.

Implied Consent Law – As soon as a driver gets behind the wheel, they automatically imply that they have given their consent to be tested for their BAC. If the driver refuses, the police can arrest them or even use force to take blood or breath samples from them.

Open Container Law – This law makes it illegal to have any open alcoholic beverages in the vehicle, even if the driver wasn’t planning on drinking it.