Nevada Per Se Law Attorneys

Nevada’s legal alcohol limit is 0.08 percent. This means that a person can be charged with driving under the influence if their blood alcohol content (BAC) is at or over the legal limit (DUI).

Can I Be Convicted of DUI If My Blood Alcohol Content Is Below 0.08 Percent?

Yes. A person within the legal limit may be prosecuted with a DUI under the state’s per se statute.

The per se intoxication laws of that state may be applicable when a person is detained for the offense of driving while intoxicated (DWI) or under the influence (DUI). According to the per se intoxication statute, if the police pull over a driver on suspicion of driving while intoxicated and their blood alcohol content (BAC) is 0.08% or greater, that alone is sufficient proof that they are intoxicated.

This indicates that in order to secure a conviction for DUI, the prosecution simply needs to demonstrate that the accused had a BAC of at least 0.08%. According to per se intoxication legislation, those matters would not be relevant if the law enforcement officer didn’t administer any field sobriety tests or take any other actions to prove intoxication.

Even though there isn’t any concrete proof that a driver was intoxicated in the first place, driving under the influence charges are still a possibility for any driver. Whether or not a driver’s blood alcohol content (BAC) was 0.08%, they may still be found guilty of DUI if they were found to be driving while intoxicated.

The arresting law enforcement officer is frequently compelled to present the court with proof of the driver’s intoxication. Other types of proof, for instance, could be:

If a driver makes a noticeable swerving, ignores a stop sign, speaks erratically, or fails a field sobriety test.

DUI rules as a whole do not cover driving while under the influence of illicit narcotics. It might be harder to demonstrate this point.

There are specific per se intoxication laws that handle driving while under the influence of illicit drugs in various states. States may have a limit on permissible levels of intoxication or may have a zero-tolerance policy.

It’s also crucial to bear in mind that, regardless of the state, anyone under the legal drinking age of 21 is not allowed to drive while having any alcohol in their system. Any minor driver is subject to the zero tolerance for DUI policy, which makes it unlawful to have even a small amount of alcohol in their system.

How Were Laws Against Per Se Intoxication Developed?

Although DUI regulations as a whole may seem random, Mothers Against Drunk Driving’s lobbying efforts and scientific opinions helped create this safety criterion. These initiatives and opinions took into account the BAC level that would qualify a driver as intoxicated.

The first scientific consensus held that a blood alcohol content of 0.10% should be the threshold for intoxication. The limit was decreased to 0.08% by the National Highway Traffic Safety Administration. Every state in the US has embraced the 0.08% threshold as a requirement to be eligible for federal transportation funding.

What Are Zero Tolerance Laws?

There are several states with “zero tolerance” policies regarding underage drivers who have any level of alcohol in their systems. According to these regulations, a juvenile may be charged with DUI if they have even a trace amount of alcohol in their system.

However, several jurisdictions encourage diversion programs for young adults who meet the requirements. These initiatives might offer treatment and probation as alternatives to jail.

What Elements Are Taken Into Account When Imposing Penalties for Per Se DUI Charges?

If found guilty of a per se DUI, a person will be sentenced and subject to the same punishments as those for other DUI offenses. Each state has a statute against driving under the influence, but the range of punishments a driver could face after being found guilty varies from state to state.

A per se DUI conviction may result in the following DUI penalties:

• Heavy fines
• License suspension
• Probation
• Jail or prison time
• Home confinement
• Ignition interlock devices
• Random alcohol testing, and
• Community service

It’s crucial to remember that precise punishments rely on the person’s state laws, the court, and the arrest circumstances. When determining the defendant’s punishment after a DUI conviction, courts frequently take into account a number of criteria, including:

• History of prior convictions;
• Previous DUI convictions, for instance, if they have a history of DUI offenses;
• Whether the DUI offense led to serious physical harm or death;
• Whether or not there was property damage;
• Whether or not the driver was using the car for business;
• If the driver was of legal drinking age when they were arrested, their blood alcohol content (BAC), and
• Whether or not a kid, often known as a minor, was in the driver’s automobile when the event occurred.

In general, first-time DUI offenders often face less severe punishments than repeat offenders or those who commit crimes resulting in another person’s hurt or death.

What Is a DUI?

DUI is a term used frequently to describe driving while intoxicated. The use of a motor vehicle while under the influence of alcohol or another drug or while impaired by another substance known to impair driving skills is illegal in every state in the United States.

My BAC Was Below the Legal Limit; How Can I Be Found Guilty of a DUI?

For a DUI conviction to be established beyond a reasonable doubt in Nevada, the prosecution must demonstrate two elements. The person was in actual physical control of the vehicle, which is the first thing to note.

Regardless of whether they are driving or not, being in actual physical control of a vehicle refers to someone sitting in the driver’s seat.

The second element that prosecutors must establish is that the person’s driving ability was compromised due to drugs and/or drinking. The impairment theory might enable a prosecutor to do this.

Impairment Theory: What Is It?

Prosecutors establishing a person displaying evidence of impairment is known as the “impairment theory.”

By weaving in and out of traffic, having bloodshot eyes, or slurring their words when speaking to the police, the accused could have been driving while intoxicated, and the prosecution can demonstrate.

What Is the Penalty in Nevada for a First DUI Conviction?

A first DUI conviction carries the following punishment:

• 6 months to 48 hours in county jail
• In lieu of a county jail term, 96 hours of community service
• Suspension of a driver’s license for three months
• Fines between $400 and $1,000 Court fees
• Victim Impact Panel attendance
• At least eight hours of drunk driving education
• Possibility of a Breath Interlock Device being installed for roughly six months on their car

Should I Consult a Lawyer Regarding My Per Se DUI Charge?

A DUI conviction can significantly negatively affect your life, including the possibility of jail time and the loss of your driving privileges.

Speak with a Nevada DUI/DWI lawyer about defending your case and avoiding steep fines. Don’t try to face your DUI case by yourself. Use LegalMatch to find the right Nevada attorney for all of your needs today.