10.17.2013

What Nevada Law Says About a DUI

Written by: The Law Offices of Garrett T. Ogata

What Nevada Law Says About a DUI

It can be easy to make rationalizations or excuses when it comes to a DUI charge, but nothing changes what the law says. You need to understand what Nevada’s DUI law means and how it will affect you if you get arrested for a DUI. To begin with, DUI stands for “Driving Under the Influence,” and it includes intoxication from both drugs and alcohol. Under Nevada law, there is no requirement for a driver to be visibly intoxicated or impaired, to be arrested on a DUI charge. All that’s needed for a conviction is a BAC of .08 or higher.

In fact, it doesn’t even matter if the individual can function perfectly normally. Under Nevada’s Per Se law, it’s illegal to drive a vehicle if you have .08 or higher BAC, regardless of your impairment or lack thereof. In the event that you are caught with a high BAC, you’ll be arrested.

After you’ve been arrested for a DUI, you’ll need to consult with a competent Las Vegas DUI lawyer to advise you on how to proceed, and to ensure that you get the best possible defense in a trial situation. The prosecutor will attempt to prove a DUI case through factors like the arresting officer’s firsthand experience with the defendant, evidence of a BAC of at least .08, or evidence of prohibited levels of illegal substances like cocaine, marijuana, or methamphetamine in the defendant. However, the prosecutor has to prove your guilt beyond a reasonable doubt, and a good Las Vegas DUI attorney can provide enough doubt to get you reduced penalties — or even an acquittal.

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