Las Vegas DUI Laws: Why is it Harsher?
Why do Las Vegas DUI Laws considered Harsher?
Aside from attracting tourists and contributing to the economy, all cities are also aiming to keep its place safe and protected. Being the World’s Entertainment Capital, alcoholic drinks are widely served and consumed in Las Vegas which made them gain the highest percentage of DUI cases in the United States of America. This is why they have made DUI laws harsher even for the first offenders. As the DUI incidents rapidly grow, the law needs to be more strict to lessen drunk driving cases.
According to criminal defense lawyers, the DUI law states that:
Anyone that is caught driving under the influence of drug / alcohol having a BAC or blood alcohol concentration of .08% or higher will be automatically charged with a DUI case. However, if the person arrested under the suspicion of drunk driving has undergone a BAC test with a result of .07%, he will not be charged with a violation of said law. But, if there is a strong evidence to prove that you are not observing proper rules and regulation, you can still be charged. For example, you are caught on the CCTV while driving erratically or dangerously, then you will still be charged. Unable to pass the field sobriety test and your appearance can also be considered.
On the other hand, if you fail to pass the breath analyzer but does not appear intoxicated, you will be charged with an offense under the DUI law. A commercial driver, however, has the BAC limit of 0.4%. Once the offender is proven to have a BAC of .08% or higher and there are gathered evidence against him, he will be charged with both offenses. This means, he will be convicted with both offenses but will be punished for only one. Anyway, the penalties for the convictions are almost identical.
[Tweet “The “zero tolerance” drunk driving law applies to offenders under 21 years of age. “]It states that a minor will be automatically charged with drunk driving even without him reaching the BAC limit of .08%. For minors, there is no minimum BAC level.
If someone refuses to undergo breath or blood testing, the officers can forcibly take a blood sample. The officers can forcibly do this under the theory of “Implied Consent”. However, such refusal would mean that he is subject to receive additional penalties in both criminal court and in license suspension.
Driving under the influence may result serious or fatal injuries to any person. Since penalties and consequences for DUI cases are serious, you should get a professional advice from a legal help desk officer, or a Las Vegas criminal defense lawyer.