What Is the BAC Level for a DUI Charge?
If you have been charged with driving under the influence (DUI) in Nevada, you likely performed a chemical “breath test” during your arrest. If so, the results of that test, referred to as your “BAC level,” may be introduced as evidence by the prosecution during a trial. As a defendant in a DUI case, it is important to understand what the relevant BAC level is for a DUI charge in Nevada.
What Is a “BAC” Level?
If a law enforcement officer finds probable cause to arrest a motorist for driving under the influence, the motorist is typically asked to submit to a chemical breath test after arriving at the jail or police station. The test requires the arrestee to blow into a tube connected to a machine that analyzes the individual’s breath for the presence of alcohol. If alcohol (ethyl alcohol or ethanol) is detected in the sample, a Blood Alcohol Concentration (BAC) number is provided, indicating the percentage of alcohol in the individual’s blood. For example, a BAC of 0.10 percent means that an individual’s blood supply contains one part alcohol for every 1000 parts of blood.
Nevada DUI Laws
The State of Nevada, like all states, has laws in place making it illegal to operate a vehicle while “under the influence.” Specifically, NRS § 484C.110 makes it illegal to operate a motor vehicle:
• While impaired by drugs or alcohol.
• With a blood alcohol content (BAC) of 0.08% or higher.
• While under the influence of a controlled substance.
For most drivers, this law means that there is a presumption of intoxication if the results of a chemical breath test are 0.08 percent or higher.
Although the relevant BAC level for DUI is 0.08 percent for the majority of drivers in Nevada, certain drivers are held to different standards, including commercial drivers and drivers under the age of 21 years old. Under NRS 484C.120 the relevant BAC level is 0.04 percent for anyone operating a commercial motor vehicle. Nevada also has a “zero tolerance” law for motorists who are under the legal drinking age (21). Under Nevada’s zero-tolerance law, an underage driver can be arrested and charged with DUI with a BAC level of just 0.20 percent.
Can I Be Convicted of DUI with a BAC Below 0.08?
While it is important to understand the significance of a BAC level for anyone who is facing DUI charges in Nevada, it is equally important to understand that you can be charged and convicted of driving under the influence without a BAC level above 0.08 percent (or the relevant level). Pursuant to NRS § 484C.110, having a BAC of 0.08 percent or higher is just one of three ways you can be charged with DUI. Notably, that statute also makes it illegal to operate a motor vehicle “while impaired by drugs or alcohol.” While the presumption created by a BAC level above 0.08 percent makes it easier for the prosecution to secure a conviction, it is possible to be convicted without that presumption.
Do I Have a Defense If My BAC Was Above 0.08 Percent?
Just as it is possible to be convicted of DUI in Nevada without a BAC level above 0.08 percent, it is also possible to avoid a conviction even with a BAC level above 0.08 percent. A skilled DUI defense attorney may employ any of several common defense strategies to prevent a conviction if your BAC level was over the limit, such as:
· Challenging the test results: Your attorney may argue that the machine was not properly calibrated or that a medical condition impacted the test results.
· Challenging the test procedures: The test operator may not have followed the proper procedures when administering the test.
· Rising BAC: If you consumed alcohol right before driving, your BAC level may have been lower when you were driving than when you performed the test, meaning you did not have the requisite BAC level for a DUI conviction.
What Should I Do If I Was Charged with DUI in Las Vegas?
If you have been charged with DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.