The acronym ‘DUI’ stands for ‘driving under the influence’ and is generally refers to operating a motor vehicle with diminished or impaired capacity as a consequence of ingesting alcohol, illegal or controlled substances
or any other chemical which renders the driver incapable of driving safely. For practical purposes, understanding what is DUI depends on which state you are coming from. Your DUI Lawyer
would explain that it is a criminal offense for violating Nevada Revised Statute 484C.110.
Under that law, you can confirm with your Attorney
that it is a misdemeanor offense 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. You can be charged with either or both of these offenses. If, for example you are arrested on suspicion of drunk driving and a chemical test of your breath or blood indicates a BAC of .07%, you may 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 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 indicate a .08% blood alcohol or higher and there are other evidence of drunk driving, you will probably be charged with both offenses. Furthermore, you can be convicted of both offenses, but you can only be punished for one as anyway the penalties are identical.
What is DUI? Under ordinary circumstances, is a simple misdemeanor offense, the Las Vegas prosecutors can bring felony drunk driving charges
under two situations, namely, if the suspected drunk driver 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. Because the penalties and consequences for drunk driving are serious, you may want to get professional legal help from an experienced DUI Attorney in Las Vegas to handle your DUI case. If your DUI is a felony, your lawyer may still be able to work for its reduction to a misdemeanor.