Driving while under the influence (DUI) of alcohol occurs when a person operates a motor vehicle while over the legal blood alcohol concentration (BAC) level. A DUI also occurs when a person consumes legal or illegal drugs and has an amount of drugs in their system that is over the allowable limit.
What Is the Legal BAC Level for Drivers over the Age of 21 in Nevada?
The legal limit for all non-commercial drivers over the age of 21 years is 0.08 percent. However, people who drive a commercial vehicle are not subjected to the same BAC level others drivers are given.
What Is the Legal Limit for Commercial Drivers in Nevada?
The legal limit for commercial drivers is 0.04 percent.
Is 0.04 the Legal Limit for Commercial Drivers Even When They Are Not on the Job?
No. The 0.04 percent limit only applies to commercial drivers while they are driving commercial vehicles, not when they are off the clock and regular vehicles.
Can I Be Charged with a DUI If My BAC Is Under the Legal Limit for Commercial Drivers?
Yes. If a person drives in a manner consistent with driving under the influence, they can be charged with a DUI, even though their BAC level is under the legal limit. Nevada police can even order a person not to drive for 24 hours.
What Is the Penalty for a First Time Commercial DUI in Nevada?
A first time DUI conviction is a misdemeanor. The punishment for this DUI is:
- Two to six months in county jail
- 96 hours of community service
- Driver’s license suspended for 90 days
What Is the Penalty for a Second Commercial DUI?
Even though a second DUI in seven years is also a misdemeanor, it has the following penalties:
- 10 days to six months in county jail
- $1,000 fine
- Driving license suspension of any non-commercial license for a year
What Is the Penalty for a Third DUI in Seven Years?
A third DUI conviction is a category B felony. This felony has a penalty of:
- One to six years in prison
- $5,000 fine
- Three-year driver’s license suspension
Do I Need an Attorney?
Legal representation is crucial when you are facing a DUI charge as a commercial driver, as your career could be at stake. You need to talk to a Nevada DUI/DWI attorney immediately to determine how to resolve your case.