In Nevada, driving under the influence (DUI) is the crime of operating a motor vehicle under influence of drugs and/or alcohol. The state’s legal limit for a blood alcohol content (BAC) level is 0.08 percent. If a person has a BAC level over that limit and has physical control of a car at the same time, they can be arrested for a DUI.
Can I Be Arrested for a DUI Charge If I Was Under the Influence of Drugs Instead of Booze?
Yes. Nevada does not have separate drunk driving and drugged driving charges. A person considered under the influence of drugs may also be arrested for a DUI.
What Does Having Physical Control of the Motor Vehicle Mean?
Having physical control of a motor vehicle means that a person was in the driver’s seat and in control of the wheel at the time of the traffic stop.
What If My Vehicle Was Parked and I Was Just Sitting in the Driver's Seat?
In Nevada, a person is in physical control of the car so long as they are sitting in the driver’s seat. This is regardless of whether the car is moving or parked.
Can I Be Convicted of a DUI If My BAC Level Was Below the Legal Limit?
Yes. Prosecutors can use the impairment theory to try to prove a person is guilty of DUI. The impairment theory refers to a person showing physical signs of impairment even though their BAC was below 0.08 percent. Signs include:
- Blurry eyes
- Swerving while driving
- Slurred speech
What Is the Penalty for a First-Time DUI in Nevada?
The penalty for DUI for the first offense conviction:
- 48 hours to six months in jail
- $400 to $1,000 fine
- 90-day or three-month driver’s license suspension
Do I Need to Talk to a Lawyer?
A DUI conviction is expensive to deal with, especially when it impacts your ability to obtain transportation and go to work or school. Talk to a Nevada DUI/DWI lawyer immediately for help with your DUI charge.