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WHAT IS DRIVING UNDER THE INFLUENCE (DUI) IN NEVADA?
DUI in Nevada is operating a motor vehicle while under the influence of alcohol, a controlled substance, or any other intoxicating substance to a degree that renders the driver incapable of safely driving. The legal limit for blood alcohol concentration (BAC) is 0.08% for adults.
WHAT THE PROSECUTION MUST PROVE
To convict you of Driving Under the Influence (DUI) in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant operated a motor vehicle
The defendant was under the influence of alcohol or a controlled substance
The influence impaired the defendant's ability to drive safely OR the defendant's BAC was 0.08% or higher
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR DRIVING UNDER THE INFLUENCE (DUI) IN NEVADA
First DUI (within 7 years)
Misdemeanor. 2 days to 6 months in jail (or 48-96 hours community service), $400-$1,000 fine, DUI school, license suspension.
Second DUI (within 7 years)
Misdemeanor. 10 days to 6 months in jail, $750-$1,000 fine, license revocation, ignition interlock device.
Third DUI (within 7 years)
Category B felony. 1 to 6 years in prison, $2,000-$5,000 fine, license revocation.
DUI Causing Death or Serious Injury
Category A or B felony. 2 to 20 years in prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending driving under the influence (dui) charges
The breath test is not infallible. Breathalyzer machines must be properly calibrated and maintained. Challenging the calibration records and the officer's training can sometimes result in suppression of the BAC result.
Field sobriety tests are highly subjective. Poor performance can be caused by nervousness, physical conditions, uneven surfaces, or improper instructions — not just intoxication.
The traffic stop itself must be lawful. If the officer lacked reasonable suspicion to pull you over, all evidence gathered after the stop — including the BAC test — may be suppressed.
Nevada's implied consent law means you automatically consent to a BAC test by driving. Refusing the test results in an automatic license suspension and can be used against you in court.
First-time DUI offenders in Clark County may be eligible for DUI Court — a diversion program that can result in dismissal of the charge upon successful completion.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO DRIVING UNDER THE INFLUENCE (DUI)
Every case is unique, but these are the defenses most commonly raised in driving under the influence (dui) cases in Nevada:
Unlawful traffic stop — no reasonable suspicion
Breathalyzer malfunction or improper calibration
Rising BAC — you were under the limit while driving but over the limit when tested
Medical condition affecting BAC readings (GERD, diabetes, etc.)
Improper administration of field sobriety tests
No actual driving — parked vehicle