| An arrest for DUI also notifies the DMV to take action against your privilege to drive in the form of a suspension of those privileges.
Nevada DUI cases can be brought against a person who may appear normal, but who is above the legal limit of .08% BAC. This is called Nevada's "Per Se" law, meaning that it is illegal to be above a .08 no matter what the person's impairment level actually is.
DUI arrests in Nevada also trigger the new implied consent law. All Nevada drivers have impliedly consented to a test of their blood or breath for alcohol content simply by obtaining a Nevada driver's license or by driving on Nevada's roads. There is no more right in Nevada to refuse to provide a breath or blood sample if arrested for DUI. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a Nevada drunk driving case.
The goal of our Nevada DUI lawyers in representing a DUI client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, the only chance for success in a Nevada drunk driving case is to have a skilled drunk driving defense attorney. It is extremely important that you be familiar with the issues involved in a typical DUI case so that you may aid and participate in your defense and make informed choices regarding your case. It is also vitally important that you tell your DUI defense lawyer all of the facts, so that he or she is able to best help defend the drunk driving case.
There are three ways for a prosecutor to prove a Nevada DUI case. Keep in mind that unless each element of the case is proved beyond a reasonable doubt, the defendant in a DUI case is entitled to a verdict of "not guilty." A Nevada driving under the influence case can be prosecuted under any of the following theories:
- By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs by using the officer's observations, including the manner of driving, field sobriety test, the way the driver appeared physically, and the chemical test (or refusal to take a chemical test, which is considered "consciousness of guilt" in a DUI case).
- By proving the defendant was driving the vehicle at a time when his blood alcohol level (BAL) was .08% or greater. The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly, and that you were driving within TWO (2) hours of the chemical (breath or blood) test. This is called Nevada's Per Se law; it doesn't matter how well someone is driving. Violating this law is purely a function of body chemistry.
- The state of Nevada has a "Per Se" level of prohibited substances: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine. If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription.
The DMV Action
In Nevada a DUI arrest triggers not only a criminal case being charged against the arrestee; but a possible driver's license suspension by the DMV. If a person who has just been arrested for DUI consents to a breath test and the results of that test are at or above the legal limit of .08, then the arresting officer will confiscate the actual driver's license of the accused and give him or her a pink piece of paper which is a temporary driver's license and is good for seven (7) days only. The arrestee has seven days to either call or walk into the DMV to request a DMV Hearing to prevent the possible suspension of their driving privilege. If a person who has just been arrested for DUI consents to a blood test to determine the amount, if any, of their blood alcohol content, then they will be allowed to keep their license pending the outcome of the blood results. During this time, the arrestee will have sent to their last known address on file with the DMV (usually within 30-45 days), a blue card which states that the arrestee's license will be suspended for 90 days unless and until a DMV hearing is requested.
To find out more information about these topics, please call us direct at 702-366-0891
Law Office of Garrett T. Ogata
3841 W Charleston Blvd. Suite 205
Las Vegas, NV 89107
email: info@gtogata.com
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