| Even if an individual can function normally, they can still be charged with a crime if their blood alcohol level is tested at .08% or higher. This is Nevada’s Per Se law, which states that it’s against the law to drive with a BAC above .08%, regardless of the individual’s impairment level.
An additional consequence of a DUI arrest is that the DMV will be notified and authorized to take appropriate action in regards to your driving privileges. This could result in the suspension of your driver’s license.
Another relevant aspect of Nevada DUI legislation is the implied consent law. This means that any Nevada driver who obtains a state driver’s license grants implied consent for a blood or breath test. Therefore, in Nevada, drivers do not have the right to refuse an alcohol test during the course of a DUI arrest. If necessary, the police can even use force to obtain a blood or breath test in order to gather evidence in a drunk driving case.
Our goal, as Las Vegas DUI attorneys, is to get all charges dismissed, an acquittal at trial, or charges reduced to a non-DUI level. This isn’t always possible, but your only real chance of success in a Nevada impaired-driving case is to get an experienced Las Vegas DUI attorney. It is very important for you to familiarize yourself with all the issues that arise in a typical DUI case so you can most effectively participate in building your case and make educated choices. You must communicate to your DUI lawyer all the facts of the case to allow him or her to best defend you.
In Nevada, there are three (3) ways that a prosecutor can prove a DUI case:
- By demonstrating the driver’s drug- and/or alcohol-induced impairment by presenting the officer’s first-hand observations, such as the defendant’s driving behavior, the field sobriety test, the defendant’s physical appearance, as well as the chemical testing (or the defendant’s refusal of the test, which in a Nevada DUI case is ruled “consciousness of guilt”).
- By demonstrating that the defendant was driving while his or her blood alcohol level was .08% or higher. The prosecutor has to be able to provide that the test was valid and administered correctly; it must also be shown that the defendant was driving the vehicle within two hours of the test. This procedure follows the state’s Per Se law—the driver’s actual state of impairment is irrelevant. The only factor that matters is the blood alcohol level.
- Nevada’s Per Se law prohibits the use of the following substances while driving: amphetamines, LSD, methamphetamine, cocaine or bezoylecognine (cocaine metabolite), marijuana or marijuana metabolite, heroin or morphine or 6-monoacetyl morphine (heroin metabolite), and phenycyclidine. If you test for prohibited levels of these substances while operating a vehicle, you will be charged with DUI. However, this may be disputed if you have a valid prescription.
Keep in mind that unless every element is proved beyond a reasonable doubt, the defendant is entitled to a “not guilty” verdict.
The DMV Action
In the state of Nevada, an arrest for DUI will trigger two events: the driver will be charged with a crime, and the DMV will consider suspending the individual’s license. If the driver’s breath test conducted during the arrest reveals a BAC level of .08% or higher, then the officer will take away the individual’s license and give them a temporary license good for only seven days. During that period, the driver must contact the DMV and request a hearing; otherwise, their license will be suspended. If the individual has a pending blood test, they will be permitted to hang onto their license until the test results come back. The driver will receive by mail (generally in 30 to 45 days) a blue card from the DMV stating that the their license will be suspended for ninety days unless they (or their attorney) request a DMV hearing.
For further information, please call us at 702-366-0891.
Law Offices of Garrett T. Ogata
3841 W Charleston Blvd. Suite 205
Las Vegas, NV 89102
email: info@gtogata.com
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