Defining DUI Legal Terminology and its Implications In Nevada

For the most part, DUI laws apply when a driver's impairment is because of liquor or another substance. In this way, you can be accused of DUI for driving while affected by drugs, liquor, or a mix of the two.

Generally, DUI laws apply whether the driver's deficiency was due to alcohol or some other substance. So, an individual can be charged with DUI for driving while under the influence of drugs, alcohol, or a combination of the two.

Driving with a BAC (blood alcohol content) level of .08% or higher or while under the influence of an illegal controlled substance in their blood may lead to a DUI charge. If this happens, the defendant would need a DUI attorney who can effectively fight their case.

All states have regulations disallowing driving under the influence (DUI)- additionally known as a "DWI" (driving while intoxicated),  "OUI" (operating under the influence), and "OWI" (operating while impaired)—of drugs and alcohol. Officially, Nevada uses the term "driving under the influence" (DUI).

Nevada's DUI laws prohibit all drivers from driving or operating a vehicle:

§  with a (BAC) of . 08%

§  within two or more hours of driving (called a "per se" DUI)

§  while under the influence of drugs or alcohol.

Nevada's DUI laws are against drivers driving with a blood alcohol concentration (BAC) of .08% or more within two hours of driving or driving while under the influence of drugs or alcohol.

The blood alcohol concentration (BAC) limit is lower for commercial drivers and drivers under 21.

Inebriated commercial drivers can get a DUI for a blood alcohol concentration of .04% or more, while underage drivers driving while under the influence can be cited for driving with a blood alcohol concentration of .02% or more.

Can you get a DUI when you are not driving?

The answer is Yes!

It is illegal for a person to be in "actual physical control" of a vehicle while inebriated or with a BAC of .08% or more. The policy behind this law is to prevent drunk driving before it starts.

Although, there are some facts to consider before a person can be charged with a DUI while the person isn't driving. Consulting a DUI attorney is always the best advice.

 

DUI PENALTIES AND IMPLICATIONS IN NEVADA.

Multiple DUI Convictions within seven years can lead to more penalties or punishment. For each conviction, the sentence gets worse.
You may get a minimum punishment for a first-time DUI offender – a misdemeanor. However, a second DUI conviction has a more severe punishment which could lead to jail time and a withdrawal of the driver's driving privileges.

For a person to be charged guilty of the crime of driving under the influence as a second offense, that means the person has a previous conviction for DUI within the last seven (7) years.

A first time offender is likely to get within this range of punishments:

·         180-day maximum (mandatory two days in jail or 48 to 96 hours community service)

·         A fine of $400 minimum

·         License Revocation of at least 185 days

·         Ignition Interlock Device (IID) of 185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more

A second-time offender is likely to get within these range of punishments:

·         180-day maximum (mandatory ten days in jail or home confinement)

·         A fine of $750 minimum (or equivalent number of community service hours)

·         License Revocation of a year

·         Ignition Interlock Device (IID) of 185 days if BAC is less than .18%, 1 to 3 years if BAC is .18% or more

 A third-time offender is likely to get within this range of punishments:

·         1 to 6 years in prison

·         A fine of $2,000 minimum

·         License Revocation of 3 years

·         Ignition Interlock Device (IID) of 1 to 3 years

Getting a DUI Attorney from Yampolsky & Margolis Criminal Defense Las Vegas is one of the best ways to go, after getting a DUI charge