Las Vegas Nevada DUI Laws and Las Vegas DUI Lawyer Guide

NEVADA DUI LAWS

The laws of the State of Nevada make it a misdemeanor offense to operate any motor vehicle while either:

1. Under the influence of alcohol and/or drugs (referred to as "DUI") to a degree that renders one unable to safely drive a vehicle; or
2. Having a blood alcohol concentration (BAC) of .08% or higher (also known as the illegal per se law, or simply per se). The existence of designated levels of certain drugs in the blood while driving also consitutes a per se offense.

You can be charged with either or both of these offenses. If, for example you are arrested for DUI ("driving under the influence of alcohol") and a chemical test of your breath or blood indicates a BAC of .07%, you may not be charged with the per se law, but you can still be charged with DUI if there is other evidence of impairment (driving, appearance, field sobriety tests, slurred speech, admissions of drinking, etc.).

On the other hand, if you do not appear to be intoxicated but nevertheless have a BAC of .08% or higher, you can be charged with the per se offense. No evidence of impairment is required: the offense consists simply of (1) driving while (2) having .08% BAC at the time of driving.

If your test results indicate a .08% blood alcohol or higher, you will probably be charged with both offenses. Furthermore, you can be convicted of both offenses, but you can only be punished for one (the penalties are identical).

If a blood sample is taken and the results indicate a minimal presence of drugs — legal or illegal — which can impair your driving, you will not be charged with the per se offense but can be charged with DUI.

For commercial drivers, the blood alcohol limit is .04%. For drivers under the age of 21, a "zero tolerance" policy of .02% applies.

REFUSING TO BE TESTED
If you refuse to submit to breath or blood testing, under Nevada's "Implied Consent" law (PDF download) there are two probable consequences:

1. The police may have a blood sample forcibly withdrawn from you; and
2. You will be charged with the usual DUI and/or per se offenses, and in addition with having refused — which carries additional penalties both in criminal court and with the license suspension.