Increased Blood Alcohol Content Level in Nevada
The blood alcohol content (BAC) level of a person is the major indicating factor that he or she is intoxicated. Police officers often use breathalyzer tests to gauge the level of BAC and sometimes they get increased results due to mishandling or other elements caused by the person’s body or other actions done prior to the DUI (Driving under the Influence) arrest. Below are some more information regarding Nevada BAC limit that you should know about in case you encounter DUI in Las Vegas.
Nevada BAC limit
Acceptable BAC levels in Nevada vary depending on the type of drivers in the State.
For people under the age of 21 years old, a BAC level of 0.02% is the standard limit, while it is a 0.04% is for commercial drivers. The limit for the rest of the drivers is 0.08%. Surpassing the assigned Nevada BAC limit for your cluster definitely means an arrest as doing so could already cause impairment to the driver. A 0.10% of BAC level means the person is already struggling to walk, speak, and react to certain situations.
It is common for people to be charged when they exceed a few numbers from the standard limit but there are cases when a person goes extremely beyond the threshold that some measures are created to curb it. For a person with a BAC level that is at least 0.018%, an alcohol treatment program for six months is in order which is also something they must pay for. To illustrate how dangerous it would be to have this type of BAC level, just this year, a car crash in Las Vegas that claimed a person’s life and injured three was caused by a man with BAC level of 0.147%.
Per se law in Nevada
DUI is part of a per se law. This means you could be arrested for DUI in Nevada even if you do not show any sign of intoxication as long as your BAC level had exceeded its designated limit. With this, it does not matter if you do not feel drunk, you are still considered intoxicated and therefore can be subjected to legal proceedings for exceeding a particular Nevada BAC limit.
Implied consent in DUI
In Nevada, when you started driving a car and hitting the roads, you are giving the law enforcement the consent to question and possibly arrest you. This is because driving could lead to risks for you and other people, especially if you are violating driving laws such as controlling a vehicle while under the influence of alcohol.
If you refuse a preliminary breath test, know that the police officer has the power to forcefully draw breath from you (still part of implied consent law) and there is a high chance of your driver’s license to be revoked and your refusal being used to oppose you in court.
Defenses against increased Nevada BAC limit
Since the collection of your BAC level relies heavily on an equipment, there are bound to be some errors, especially if the handler uses it ineptly. You can use this defense in court to counter charges for DUI in Las Vegas. Point out that the breathalyzer was not calibrated properly and that the police who did the testing is obviously untrained or had performed misconduct like crashing into your car just to stop you.
An increased BAC level could also be a result of involuntary intoxication. For example, you were drugged and then coerced to drink a copious amount of alcohol. Other factors such as body type, style of consumption, and medicine intake could also influence your BAC level and could have contributed to your involuntary intoxication.
Due to some factors that you cannot control, your BAC level could increase and can mean DUI in Las Vegas or elsewhere in the State of Nevada. To prove that your BAC level is at a normal rate at the time of the arrest, get the expertise of a Las Vegas DUI lawyer!