DRIVING UNDER THE INFLUENCE, "DUI" IN NEVADA

 

In Nevada, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher.  It is also illegal to drive or be in actual control of a motor vehicle while under the influence of a controlled substance. 

 

If you are caught driving or in actual physical control of a vehicle with this high of a BAC, or if you are deemed to impaired to operate a motor vehicle, irrespective of a toxicology report, you will be charged with a DUI. You can also be charged with a DUI if it is apparent that alcohol is affecting your driving, even if your BAC is lower than 0.08.

 

For an evidentiary testing of your BAC to occur, Nevada relies on an implied consent law, which means by driving a vehicle you have impliedly consented to the testing of your blood or breath if a police officer establishes reasonable grounds to believe you are intoxicated or impaired.  If you refuse testing, an police officer can make an application for a search warrant to then use "reasonable force" to obtain blood samples from someone suspected of drinking and driving. 

 

The illegal blood alcohol concentration (BAC) limit in Nevada is:

• 0.02% for drivers under the age of 21

• 0.04% for commercial license holders

• 0.08% for everyone else

 

The BAC applies only to alcohol. If any detectable amount of an illegal substance―like cocaine or marijuana―is found in your blood, you'll receive at least the same penalties as you would for alcohol, and perhaps even more.

DUIs in the State of Nevada are considered “accelerating” offenses.  That means, if you have a prior DUI conviction in another State, or receive multiple convictions within a certain time frame, the mandatory minimum penalties for a conviction can get worse and worse.  Under Nevada law, any previous conviction within a 7-year time frame can trigger mandatory minimum penalties.  The chart below will help illustrate this and explain the potential penalties.

 

PENALTIES 

 

First conviction:

• Driver license revoked for 90 days. After 45 days, you may be eligible to apply for a restricted license that will enable you to drive to work, school, or medical appointment.

• Jail sentence of at least 2 days and up to 6 months, or 96 hours of community service.

• Fine of at least $400 and up to $1,000.

• Mandatory attendance at DUI school; average cost is $150 for tuition and attendence and completion of a Victim Impact Panel (cost of approximately $50).

• Possible order to attend a substance-abuse treatment program.

 

Second conviction within seven years:

• Driver license revoked for 1 year. Possiblty for a restricted drivers license after 6 months of the revocation is served.

• Jail sentence or home arrest of at least 10 days and up to six months.

• Fine of at least $750 and up to $1,000.

• Possible 100 to 200 hours of mandatory community service.

• Possible car registration suspension.

• Possible order to attend a substance-abuse treatment program or undergo clinical supervision for up to 1 year.

 

Third (or more) conviction within seven years:

• Driver license revoked for 3 years; you may be eligible for a restricted license under certain circumstances.

• Prison sentence of at least 1 year and up to 6 years (non-probationable).

• Fine of at least $2,000 and up to $5,000.

 

DUI causing death or serious injury (even on a first offense):

• Driver license revoked for 3 years.

• Prison sentence of at least 2 years and up to 20 years.

• Fine of at least $2,000 and up to $5,000.

 

Is it possible for my DUI to get reduced?  Or even dismissed?

 

Absolutely.  While every case is different, if the facts and circumstances warrant, your case may be amended or reduced to a traffic, non-DUI type offense or even dismissed.  In Nevada, prosecutors actually are prohibited under the law to offer plea bargains in DUI cases UNLESS there is a legal reason.  This is the central reason why hiring Buchanan Defense Law is so critical.  Analayzing your case, spotting errors made by either the police or prosecutors, is essential in exploiting issues that work in your favor.  Just because you’ve been arrested for a DUI does not mean you’ll be convicted.  DUIs can be very complicated and a sophisticated defense is very necessary to get the best result.