Nevada Commercial DUI Attorneys

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 What Is DUI?

Driving while intoxicated (DUI) happens when someone runs a motor vehicle while having a blood alcohol concentration (BAC) that is higher than the legal limit. A person also commits a DUI if they use drugs, whether they are legal or illicit, and their blood drug level is above the legal limit.

What Is the Nevada Legal Blood Alcohol Content for Drivers Over 21?

For all non-commercial drivers who are over 21, the legal limit is 0.08 percent. People who operate commercial vehicles, however, are not required to have the same BAC limit as regular drivers.

What Is the Nevada Commercial Drivers’ Legal Limit?

Commercial drivers are required to adhere to a 0.04 percent restriction. The majority of trucks, buses, and shuttles in Nevada are considered commercial motor vehicles (CMVs).

Is 0.04 the Legal Limit Even for Commercial Drivers Who Aren’t Working?

No. Commercial drivers are solely subject to the 0.04 percent restriction when operating commercial cars; it does not apply when they are operating regular automobiles when off the clock.

It should be noted that commercial drivers with BACs lower than 0.04% may still be arrested for DUI if they appear to be under the influence of alcohol or drugs. Additionally, a police officer may give commercial drivers a 24-hour order to stay off the road if they are not impaired but do have some alcohol in their systems that is below the legal limit of 0.04%.

Keep in mind that drivers are not permitted to operate a commercial motor vehicle if they have any drug traces in their blood.

If My BAC is Within the Legal Limit for Commercial Drivers, Can I Still Be Charged with a DUI?

Yes. Even though a person’s BAC level is below the legal limit, they may still be charged with a DUI if they operate a vehicle in a way that suggests they are under the influence. Police officers in Nevada have the authority to issue a 24-hour driving ban.

What Tests Determine Intoxication?

A police officer will have good reason to pull someone over if they have reason to believe they are driving under the influence. This can happen in a variety of situations, such as when they witness someone speeding or swerving all over the road or if they spot drug or alcohol paraphernalia (such as specific types of pipes) inside the car.

A police officer will probably ask someone who has been pulled over to get out of the car and do one of the following tests to see if they are intoxicated:

  • Breathalyzer: Using a handheld gadget called a breathalyzer, a person can determine how much alcohol is in their system by blowing into the instrument. It might be given either at the location where the car was stopped or a police station.
  • Blood/Urine Tests: Testing of blood or urine is a little more difficult because it needs to be done by a medical professional who will also provide the lab results. In addition, a warrant must first be obtained by the police. As a result, this test is not typically conducted there.
  • Field Sobriety Tests: A person’s balance and agility are tested during field sobriety tests, which are frequently administered on the spot and involve various tasks, including tapping your finger to your nose, reciting the alphabet, or balancing on one foot while counting.

The police will have cause to ticket and arrest the person for drunk driving if they fail any of these tests. Additionally, if a person refuses to submit to any of the tests that can be performed at the scene and a police officer has reason to believe they have been driving under the influence, they can still be arrested.

Last but not least, a police officer may utilize evidence such as the smell of alcohol on a person’s breath or from open containers in the car (even if they are empty) to make an arrest for drunk driving.

What Is the Penalty in Nevada for a First Offense Commercial DUI?

A DUI conviction for the first time is a misdemeanor. This DUI will be punished as follows:

  • County jail sentence of two to six months
  • 96 hours of volunteer work
  • 90-day driving license suspension

What Happens if You Get a Commercial DUI a Second Time?

The following punishments apply even though a second DUI in seven years is likewise a misdemeanor:

  • County jail for 10 days to 6 months
  • $1,000 fine
  • Any non-commercial driver’s license will be suspended for a year
  • CDL license suspended for life

What Happens If You Get a DUI Third Time in Seven Years?

A third DUI conviction is a category B felony. The punishment for this felony is:

  • A jail sentence of one to six years
    $5,000 fine
    Three-year suspension of one’s driver’s license

What Takes Place After a DUI Arrest?

A court date is given to a person when they are arrested for drunk driving. If they are accused of DWI or DUI, they must choose whether to challenge the arrest, accept a plea bargain, or go to trial.

Additionally, there might be some ways to fight the accusations. These might include the following:

  • The test itself or the findings were incorrect or inaccurate;
  • The person being detained wasn’t the one operating the vehicle;
  • There wasn’t a good reason to stop them; or
  • There wasn’t enough proof to make an arrest.

As was already established, each state has its own unique standards for committing a DUI violation. In some states, the police have the right to detain a drunk person even if their automobile is parked.

For instance, in some jurisdictions, even if the driver of a car that is parked on the side of the road is intoxicated and their keys are in the ignition, but the car is not running, the police may still be able to file a DUI charge against them.

There are numerous elements that will affect whether the defendant will be found guilty of a DUI or whether the charges will be dropped, depending on the state’s rules. Some of these include:

  • The individual’s placement (e.g., are they in the driver’s seat or the passenger seat? );
  • Whether the subject is awake or asleep;
  • The location of the vehicle’s keys (for example, in the ignition, on the ground, in the owner’s pocket, etc.); and
  • The location of the vehicle (e.g., in a parking lot, driveway, or side of the road).

It may be in your best interest to speak with a criminal defense lawyer if you are facing DWI or DUI charges. They can assist you with determining the best course of action, whether any defenses are available, and whether aspects are relevant in accordance with the laws of Nevada.

A person’s employer has a right to be aware of their DUI conviction if they work as a professional driver, such as for a trucking firm. Additionally, the employer will be permitted to fire that employee.

As can be seen, a drunk driving charge might have extensive repercussions.

Do I Need a Lawyer?

If you are a commercial driver accused of DUI, you must hire counsel immediately since your job could be in jeopardy. To find out how to handle your case, you must speak with a Nevada DUI/DWI lawyer right away.

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