The legal alcohol limit in Nevada is 0.08 percent. This means if a person has a blood alcohol concentration (BAC) level that is at or above the legal limit, they can be charged with driving under the influence (DUI).

Can I Be Found Guilty for DUI If My BAC Level Is Less Than 0.08 Percent?

Yes. According to the state’s per se law, a person can be charged with a DUI if they are under the legal limit.

How Can I Be Found Guilty of a DUI When My BAC Level Was Below the Legal Limit?

Nevada prosecutors have to show two things to convict a person of a DUI beyond a reasonable doubt. The first thing is that the person was in actual physical control of the motor vehicle. To be in actual physical control refers to a person being behind the wheel of the vehicle, regardless of whether they are driving. The second thing that prosecutors need to prove is that the person’s ability to drive was impaired by drugs and/or alcohol at the time. A prosecutor may be able to do this via impairment theory.

What Is Impairment Theory?

Impairment theory refers to prosecutors proving a person showed signs of impairment. This means that the prosecution can prove that the person may have been driving while impaired because they were weaving in and out of traffic, had bloodshot eyes, and/or were slurring when they talked to the police.

What Is the Penalty for a First DUI Conviction in Nevada?

The penalty for a first DUI conviction is:

  • 48 hours to six months in county jail
  • 96 hours of community service in lieu of county jail time
  • Driver’s license suspension from 90 days to three months
  • Fines ranging from $400 to $1,000
  • Court costs
  • Attend Victim Impact Panel
  • Drunk driving school for at least eight hours
  • Possible installation of a Breath Interlock Device on their vehicle for approximately six months

Should I Talk to an Attorney About My per Se DUI Charge?

A DUI charge can have severe negative impacts on your life, from making you spend time in jail to preventing you from being able to drive. Contact a Nevada DUI/DWI attorney about fighting your DUI charge and avoiding costly penalties.