Are you facing per se DUI charges in Las Vegas? Here’s what you need to know about Nevada’s per se DUI laws, the potential penalties for a conviction, and how a Las Vegas criminal defense attorney can help.
What Are Per Se Intoxication Laws?
Per se intoxication laws make it illegal to drive with a certain level of alcohol or drugs in your system, regardless of whether you are functionally impaired. Nevada DUI laws set a blood alcohol concentration (BAC) limit of 0.08% for most drivers. For commercial drivers, the legal limit is lower at 0.04%.
If your BAC meets or exceeds these levels, police can charge you with per se DUI, even if your driving seems normal. The same applies to impairment from certain drugs, like cannabis, with strict limits on how much can be in your system while driving.
Penalties for DUI Per Se in Las Vegas
Per se DUI penalties in Las Vegas vary depending on the circumstances and whether you have previous DUI convictions. For a first-time DUI, the penalties include:
- Two days to six months in jail or 48 to 96 hours of community service
- A fine between $400 and $1,000
- Mandatory DUI school or substance abuse treatment
- Mandatory Victim Impact Panel attendance
- Potential loss of your driver’s license for up to 185 days
A second DUI within seven years leads to harsher penalties, including ten days to six months in jail, a fine of $750 to $1,000, and a one-year license suspension. You must also attend a treatment program for alcohol or drug abuse and install an ignition interlock device (IID) to continue driving.
A third DUI within seven years is a felony. The penalties include one to six years in prison, fines between $2,000 and $5,000, and a three-year license suspension. A DUI that causes injury or death can result in two to 20 years in prison and fines of $2,000 to $5,000.
Common Defenses Against a Per Se DUI Charge
While per se DUI laws focus on your BAC or drug levels, a Las Vegas DUI/DWI attorney could still fight the charges using one or more of the following defense strategies:
- Inaccurate BAC Test Results: Breathalyzers and blood tests can produce false results if they aren’t calibrated or administered correctly. If the equipment was faulty or the officer didn’t follow the proper procedures, your BAC reading might not reflect your true condition.
- Illegal Traffic Stop: Police need a valid reason to stop you in the first place. If the officer didn’t have probable cause, such as erratic driving, your lawyer could argue that the stop was illegal and move to have the evidence thrown out.
- Faulty Field Sobriety Tests: Officers often rely on field sobriety tests to judge whether someone is impaired. However, these tests aren’t always reliable. If you failed a sobriety test for reasons unrelated to intoxication, your lawyer could use this in your defense.
- Medical Conditions: Certain conditions can affect BAC test results or behavior during a traffic stop. For instance, conditions like acid reflux could lead to higher BAC readings. Additionally, neurological or balance issues can cause someone to appear impaired when they aren’t.
How Adras & Altig Can Assist with Per Se DUI Charges
If you’re facing a per se DUI charge in Las Vegas, a DUI defense attorney at Adras & Altig, Attorneys at Law can provide the defense you need. We have extensive experience handling DUI cases and will work tirelessly to build a strong defense tailored to your circumstances. Contact us today for a free consultation with an experienced DUI/DWI defense attorney to learn more.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.