Nevada DUI Prosecution
Driving under the influence in most states, including Nevada, does not
only mean driving under the influence of alcohol. It also means driving
under the influence of drugs or a combination of drugs and alcohol
together. When an individual is held for having a blood alcohol content
above the legal limit of 0.08 percent, he or she will be charged with
one of two charges.
The first is called per se charges where an individual will be tried
simply for having a blood alcohol content level above the legal limit.
In these cases an individual will not be tried for being impaired while
driving. The prosecutor will present the individual's blood alcohol
content percentage to the jury of six. If only five find the defendant
guilty the charge will not withstand. The individual may choose to be
tried by a judge rather than a jury, at his or her own discretion.
In drunk driving cases an individual may also be tried for impairment
instead of intoxication. In these cases the prosecution will provide
evidence to show that the individual was impaired. Driving patterns,
blood alcohol content, chemical tests, physical appearance, and field
sobriety tests will often be the evidence in impairment cases. At times
individuals are not convicted for impairment even if their blood
alcohol content levels exceed the 0.08 percent level, as some are not
impaired at that level.
Nevada DUI Basics
When an individual obtains a driver's license he or she is subject to
implied consent when intoxicated. Under this implied consent an
individual is required to submit to chemical testing when requested by
a police officer. If an individual refuses his or her driver's license
will automatically be suspended. The court will also take the testing
refusal into account and infer that the individual is guilty of drunk
Nevada DUI Consequences
Punishments for driving under the influence in Nevada are based on the
number of prior offenses.
Nevada has a seven-year washout period where past DUI offenses will not
be used as priors if they occurred seven or more years prior to the
current offense. A first DUI offense can earn imprisonment between
forty-eight hours and six months, ninety hours of community service, a
fine between three hundred forty dollars and eleven hundred
seventy-five dollars, driver's license suspension for ninety days, and
other alcohol and drug assessments.
A second DUI offense can earn imprisonment between ten days and six
months, a fine between six hundred seventy-five dollars and eleven
hundred seventy five dollars, driver's license suspension for one year,
two hundred hours of community service, and other evaluations.
A third or subsequent DUI offense can earn imprisonment terms between
one year and six years in a state prison, a fine between two thousand
eighty-five dollars and five thousand eighty-five dollars, driver's
license suspension for three years, an interlocking device between
twelve months and thirty-six months after release from incarceration,
and evaluations. DUI offenses can be aggravated if the individual's
blood alcohol content was twice the legal limit, if a minor was in the
vehicle at the time of the arrest, if the individual was driving
significantly over the speed limit, or if others were injured.