Garrett T. Ogata – Las Vegas DUI Defense Attorney
In the state of Nevada, Driving Under the Influence (DUI) refers to the act of driving a vehicle while intoxicated, due to drugs and/or alcohol, to an extent that makes the driver unable to operate the vehicle in a safe manner. Contrary to what many believe, in Nevada it isn’t necessary to be visibly drunk or impaired to be subject to arrest on DUI charges. A conviction can be obtained if the individual was caught driving with a breath alcohol content (or BAC) or blood alcohol level (or BAL) of .08 or more.
Even if an individual can function normally, they can still be charged with a crime if their blood alcohol level is tested at .08% or higher. This is Nevada’s Per Se law, which states that it’s against the law to drive with a BAC above .08%, regardless of the individual’s impairment level.
An additional consequence of a DUI arrest is that the DMV will be notified and authorized to take appropriate action in regards to your driving privileges. This could result in the suspension of your driver’s license.
Another relevant aspect of Nevada DUI legislation is the implied consent law. This means that any Nevada driver who obtains a state driver’s license grants implied consent for a blood or breath test. Therefore, in Nevada, drivers do not have the right to refuse an alcohol test during the course of a DUI arrest. If necessary, the police can even use force to obtain a blood or breath test in order to gather evidence in a drunk driving case.
Our goal, as Las Vegas DUI attorneys, is to get all charges dismissed, an acquittal at trial, or charges reduced to a non-DUI level. This isn’t always possible, but your only real chance of success in a Nevada impaired-driving case is to get an experienced DUI attorney. It is very important for you to familiarize yourself with all the issues that arise in a typical DUI case so you can most effectively participate in building your case and make educated choices. You must communicate to your DUI lawyer all the facts of the case to allow him or her to best defend you.