In Nevada, drunk driving laws present a legal limit of 0.08%. Any driver over 21 with this blood-alcohol content reading is guilty of a DUI with. Commercial drivers are guilty with a reading of 0.04%. Underage drivers are guilty with a reading of 0.02%. However, certain conditions can provide a defense against a conviction. A DUI lawyer in Las Vegas, NV provides defense options for these defendants.
Explaining the Illegal Per Se Law
The illegal per se law defines the legal limit for a DUI. However, the limit identified by the law isn’t the exact law in Nevada. The law can identify an offense if the driver has any detectable alcohol or controlled substances in their system at the time of the arrest. The circumstances of the arrest such as child endangerment could allow for prosecution with a blood-alcohol reading under the legal limit.
What Are the Penalties for the DUI?
The first offense requires a two-day minimum stay in the county jail. The sentence can be extended up to six months at the judge’s discretion. The judge has the right to assign community service in lieu of a jail sentence. The fines for the offense range between $400 and $1,000. The driver must attend DUI school at their own expense. Select circumstances may also warrant the need for alcohol or drug treatment program. The driver’s license is suspended for ninety days.
What Is Implied Consent and How Does It Work?
Implied consent is initiated as soon as the driver gets behind the wheel and operates the vehicle. Once the vehicle is in motion, this ruling applies. However, the officer must have probable cause to make the traffic stop. If the driver appears intoxicated, the officer must conduct field sobriety testing.
In Nevada, drunk driving laws define a legal limit at which the driver can be arrested for a DUI. The limit is reduced for commercial and underage drivers. A driver who is guilty of a DUI and that also caused an accident could incur additional charges.
