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.