Being aware of these dui facts can help in your defense whenever you are charged with driving under the influence.
If you refuse to submit to breath or blood testing, under
Nevada’s “Implied Consent” law (NRS 484C.150, 484C.160, 484C.200), your
DUI Lawyer will tell you that there are two likely consequences:
- The police may have a blood sample forcibly withdrawn from you; and
- You would be charged with the usual DUI and/or per se offenses, and in addition, you will be charged with having refused to submit to testing— which carries more penalties both in criminal court and with the license suspension.
In Nevada, a person driving or in actual physical control of a vehicle is deemed to have given his consent to breath or blood testing. Refusal is grounds for an arrest and law enforcement may use reasonable force to get blood samples. Refusing to submit to an evidentiary blood test when ordered, the officer may use
“reasonable force” including physically constraining you in order to administer a forced blood draw.
Moreover, refusing to take any required chemical test for a
“driving under the influence” case in Las Vegas will result in the immediate suspension of your driver’s license for one to three years. And once your DUI case goes to trial, the prosecution may tell the judge or jury that you refused to take the test which they then might construe as an admission of guilt. That is why, when you’re in Las Vegas where alcohol flows non-stop, it is important that you always have on hand the contact number of a reputable
Las Vegas DUI defense attorney in case you do get asked to pull over on suspected drunk driving, call him immediately for help and advice on what else you should do or not do. Chances are he can tell you what to say to the arresting officer to avoid having to submit to the breathalyzer or the blood testing. By not helping the officer gain probable cause to arrest you, you increase the likelihood that he will just let you go with a warning.
Another DUI fact is about an arrest will immediately trigger the initiation of both a criminal proceeding and an administrative proceeding. The two proceedings will have different impacts on your day-to-day life. Your criminal DUI proceeding will involve mandatory court appearances for your arraignment, pre-trial hearings and trial. On the other hand, your administrative DUI proceeding will not involve a hearing unless you or your attorney requests one from
Nevada’s Department of Motor Vehicles (DMV), which by the way you should do; otherwise, your driving license gets automatically suspended. A good DUI Attorney
can attend your criminal court appearances on your behalf as well as also immediately ask for and attend your DMV hearing. Of course, while hiring a Las Vegas DUI attorney
will minimize your required appearances in the proceedings, you may have to appear personally at court at least one time for your DUI criminal trial, or if a plea bargain has been reached, to personally place your plea agreement on the record.
The other facts are the misdemeanor charges to operate any motor vehicle while either:
- Under the influence of alcohol and/or drugs to such an extent that one is rendered unable to safely drive a vehicle ( i.e., drunk driving); or
- Having a blood alcohol concentration (BAC) of .08% or higher. It is a DUI fact that you could be charged with either or both of these offenses. If, such as you are arrested on suspicion of drunk driving and a chemical test of your breath or blood indicates a BAC of .07%, you might not be charged with the per se law, but you can still be charged with DUI if there is other evidence of impairment such as a CTV video capture of irregular, erratic driving, your inability to pass the field sobriety test, your appearance, even your own admission to the police officer.
On the other hand, if you do not appear to be intoxicated but nevertheless have a BAC of .08% or higher, you can be charged with the per se offense. Here in this instance, no evidence of impairment is required: the offense consists simply of (1) driving while (2) having .08% BAC at the time of driving. If you are a commercial driver, the BAC limit is .04%, and if you are under 21, your BAC limit is .02%.
In the event that your test results show a .08% blood alcohol or higher and there are other evidence of drunk driving, you will probably be charged with both offenses. Furthermore, you could be convicted of both offenses, but you can only be punished for one as the penalties are the same.
Within the jurisdiction of Las Vegas, a DUI offense is normally taken as a misdemeanor. However, it is often overlooked but the charges will be classified as a felony if the suspect had two previous DUI convictions in the last seven years, or if the DUI incident resulted in a fatality or serious bodily injury to another person.
Resources:
National College for DUI Defense
Nevada DMV
