Driving under the influence, also commonly referred to as a “DUI,” refers to the criminal act of a person operating a motor vehicle while they are under the influence of a mind-altering substance. The most common mind-altering substance concerning a DUI is alcohol. However, the mind-altering substance can be anything known to impair a person’s motor skills.
Common examples of other mind-altering substances include, but are not limited to:
- Illicit or illegal drugs, such as heroin, cocaine, PCP, etc.;
- Cannabis or weed;
- Prescription medications, such as painkillers, sleep aids, muscle relaxers, etc.; and
- Any over-the-counter medicines that could cause impairment, specifically antihistamines.
Many states maintain different classifications for DUIs, such as alcohol, illegal drugs, or over-the-counter medicine. In Nevada, the term DUI includes driving under the impairment of alcohol or drugs. Other common terms for DUI can include:
- DWI: Driving While Intoxicated;
- OUI: Operating Under the Influence; and
- OMVI: Operating a Motor Vehicle Intoxicated.
Because it is dangerous to drive under the influence of an intoxicant, many states will generally enforce considerably strict penalties for drivers found to violate DUI laws. The harsh criminal punishments intend to deter people from violating impaired driving laws to avoid potentially placing other drivers in danger. Additionally, any persons who are repeat DUI offenders will receive much harsher criminal penalties than first-time offenders.
How Do the Police Test for Intoxication During a DUI Stop?
In the state of Nevada, a police officer must prove probable cause to pull over a person and then test them for driving under the influence of any intoxicant. A common example of probable cause usually is someone swerving while driving, running a stop sign, or running a red light.
Examples of the most common police tests for sobriety after they initiate a traffic stop include, but may not be limited to:
- Field Sobriety Tests: During a field sobriety test, an officer will ask the driver to step out of their vehicle and perform a series of actions that are intended to test their balance and agility.
- Then based on the actions performed, an officer will observe and draw conclusions about the driver’s potential impairment from a substance;
- Chemical Breath Test: Breath tests are most commonly used for sobriety during traffic stops. Breath tests are commonly accomplished through the use of a breathalyzer device, which measures the concentration of alcohol in a person’s system; or
- Blood or Urine Test: Blood and urine tests are generally not administered at the site of a traffic stop but rather when a person has already been arrested and taken to the police station based on suspicion of driving under the influence of alcohol or a drug.
- In the state of Nevada, a medical professional must collect a driver’s specimen to test their blood for the presence of alcohol or levels of drugs present in the blood.
It is important to note that every state has some version of implied consent. Under Nevada law, if a police officer has reasonable grounds to believe that a person may be driving under the influence of alcohol or drugs on a public road, the person will be deemed to have consented to both a breathalyzer and blood test at the officer’s discretion. Then that test will be utilized to determine whether or not the individual will be charged with a DUI.
It is important to note that there is no right to refuse an evidentiary test of an individual’s blood in Nevada. If a person pulled over under the suspicion of driving under the influence refuses an officer’s request to draw blood, then the officer has the right to do so to test it forcibly. Further, if a driver refuses an evidentiary test in Nevada, their license will be suspended for 1 year.
What Is the Driving Under the Influence Law in Nevada?
The specific Nevada criminal law for driving under the influence can be found in the Nevada Revised Statutes 484C.110. Under that statute, it is unlawful for any person who:
- Is under the influence of alcohol;
- Has a concentration of alcohol of 0.08 or more in their blood or breath; or
- Is found within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in their blood or breath
- To drive or be in actual physical control of a vehicle on a public roadway.
Further, it is also unlawful for any person who:
- Is under the influence of a controlled substance;
- Is under the combined influence of alcohol and a controlled substance; or
- Inhales, ingests, applies, or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle
- To drive or be in actual physical control of a vehicle on a public roadway.
What Is a Blood Alcohol Concentration Level?
A Blood alcohol concentration (“BAC”) level refers to the amount of alcohol in a person’s blood at the measurement time. In Nevada, any motorist found to operate a vehicle with over a 0.08 BAC may be charged with a DUI.
It is important to note that for motorists under 21, Nevada imposes a 90-day driver’s license suspension if the underage driver has a BAC of 0.02% to less than 0.08%.
What Are the Criminal Penalties for a First-Time DUI Conviction in Nevada?
In Nevada, a first-time offender charged with a DUI will face a misdemeanor charge. The misdemeanor DUI charge may be punished by up to six months in county jail, up to $1,000 in criminal fines, or a combination of both.
Further, a court may also order the individual to attend a DUI school. First-time DUI charges also carry a driver’s license suspension for the offender.
What Are the Criminal Penalties for a Second DUI Conviction in Nevada?
A second DUI conviction within seven years in Nevada is also charged as a misdemeanor. The second misdemeanor DUI charge carries a minimum 10-day jail sentence and may be punished by up to six months in county jail, up to $1,000 in criminal fines, or a combination of both. Second-time offenders may be able only to serve five days in county jail if they are allowed to participate in an intensive misdemeanor DUI court program.
Additionally, the court may order a second-time offender to perform community service while dressed in distinctive garb that identifies them as having violated the state’s DUI laws or even orders them to attend an education program for the treatment of alcohol or substance abuse.
Further, under Nevada law, a person’s driver’s license will be suspended for one year following a second DUI conviction within seven years. In addition, an ignition interlock device may be placed in the convicted motorist’s vehicle as a potential punishment for committing a second DUI within seven years.
Do I Need an Attorney for Help With a Second DUI Charge?
As can be seen, the criminal penalties associated with receiving a second DUI conviction are severe. As such, if you are being charged with a second DUI within seven years, it is in your best interests to immediately consult with an experienced Nevada DUI/DWI attorney.
An experienced Nevada DUI attorney will be able to assist you in reducing the charges associated with the second DUI or have the charges brought against you dismissed altogether, if possible. Finally, an attorney can represent you at any necessary in-person criminal proceeding.
