Criminal Law - Nevada DUI Law
Las Vegas is famous for being a fun town, and that means lots of folk are enjoying festive beverages each and every day in our city. Still, Nevada has joined with every other state in the union making it a crime to operate a motor vehicle while impaired by the effects of alcohol or drugs. You can walk the Vegas strip with a buzz, but you’re violating Nevada law if you decide to take your car on the road with one. Driving drunk is a crime.
Driving Drunk in Vegas
Nevada Driving Under the Influence (DUI) laws make it unlawful for a person to operate a motor vehicle – a car, truck, motorcycle, moped, SUV, commercial van -- if:
- The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or
- The driver is intoxicated at a level above established legal DUI standards, such as blood-alcohol concentration (BAC).
The more drunk driving charges on your record, the harsher the consequences. Insurance premiums skyrocket, to the point that you may not be able to get coverage, and you risk losing your driver’s license, as well as paying expensive fines and facing jail time.
Have questions about DUI charges or convictions? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
The Automatic DUI
Nevada (along with the rest of the country) has drunk driving (DUI) laws that automatically find you guilty of driving drunk if your blood alcohol concentration (BAC) hits .08%. If your BAC reading is at least .08%, then you will be arrested for DUI in this state.
Why? Nevada law deems any driver to be "per se intoxicated" who has a blood-alcohol concentration (BAC) at or above .08 percent. No additional evidence or proof of being drunk or having any driving impairment is necessary.
"Zero Tolerance” If You Are Under 21 Years Old
Nevada also has "zero tolerance" drunk driving laws targeting drivers under the state’s legal drinking age of 21 years. The law has no minimum BAC level for these drivers.
If you are underage and drinking, and decide to get behind the wheel, with absolutely any trace of alcohol in your system, then you can be arrested for driving drunk, or Driving Under the Influence. Even if your BAC is tiny, at just .01%, Nevada law deems you to be driving drunk if you are under 21 years old. .
Have questions about Nevada driving drunk arrests? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
Drunk Driving Tests: Field Sobriety and Chemical Tests
There are two types of tests that Vegas police officers use when they suspect a driver may be intoxicated: "field sobriety" tests and chemical tests.
Field sobriety tests have a driver do things to reveal impairment of the person's physical or cognitive ability. Common field sobriety tests include having the driver walk a straight line, heel to toe, or having the driver recite the alphabet backwards.
Chemical tests measure breath, blood, or urine to determine how much alcohol is in the driver’s bloodstream. Police officers often use a machine known as a “Breathalyzer” that measures a driver's blood-alcohol concentration (BAC). Breath tests can be done by the police officer when the driver is pulled over, by having the driver breathe into the machine. Other chemical tests, where urine and blood are tested for blood alcohol levels, can also be performed.
Chemical tests leave no doubt as to the blood alcohol content, while field sobriety tests (even on video) leave something to the police officer’s subjective determination of whether or not the driver is drunk.
What if You Refuse a Chemical Test?
If you refuse a Chemical Test, Nevada law allows the police officer to use “reasonable force” to get up to three (3) blood samples from you. However, you do have some options: if it is your first offense, you can choose a breath test over a blood analysis – if a Breathalyzer is available. If you choose a breath test, you have to give at least two consecutive samples.
If it’s not your first drunk driving offense, or if there are reasonable grounds to believe that you have caused either the substantial bodily harm or death of another person, then Nevada law mandates that you submit to a blood test. You have no choice.
Additionally, if there is a question of whether or not you are driving under the influence of a controlled substance, which could be prescription drugs or illegal drugs, then Nevada law requires you to submit to a blood or urine test, or both, in addition to the breath test.
What about a lawyer? You do not have a right to speak to an attorney before chemical testing for driving drunk or driving under the influence (DUI).
Have questions about Nevada BAC testing and your driver’s license? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
If you are facing a legal problem here in Las Vegas involving drunk driving or DWI – DUI issues, please feel free to contact Las Vegas law firm Bush & Levy for help.
Free initial consultations are available by phone or in person with a licensed Nevada attorney. Just call 702-868-4411 to schedule your free initial consultation.