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Driver’s License Suspension Due To DUI in Nevada

In Nevada, your driver’s license could be suspended because of a variety reasons – one of which is driving under the influence or DUI. This is a case wherein people hit the road while under the influence of alcohol and drugs. However, what many do not know is that it has many underlying layers, like the fact that your license could also be suspended even though you are not the one intoxicated.

Contact a DUI attorney in Las Vegas to help you learn more about DUI cases and the risks of losing your license in case you are or someone you know is experiencing it. Here are some facts you also need to know:

What Happens if You are Caught for DUI    

Like most states, Nevada enforces DUI as an offense. This means that you will likely be pulled up by a police officer once you are suspected of driving under the influence due to erratic driving behavior. Usually when this happens, you will undergo a blood alcohol concentration (BAC) test through a breath analyzer. Two other options are blood and urine tests, which could be performed if extremely needed.

The blood alcohol concentration limit in Nevada is 0.08% for the general public, 0.02% for drivers under 21 years old, and 0.04% for commercial drivers.

Nevada has a large number of bars and restaurants which offer alcoholic drinks, particularly in Las Vegas, causing a great deal of DUI cases in the area. In 2015, there was a recorded number of 97 deaths due to drunk driving. While the statistics have been decreasing since then, it is no reason to be relaxed because there are still outlets in Nevada which offer free access to alcohol any time of the day.

Moreover, drug intoxication is measured through urine or blood sample but the results are not released immediately. That is why there are police officers trained in drug recognition evaluation (DRE) to determine if a person is under the influence of drugs rather than alcohol. When someone passes the breath test but fails the sobriety test, then the driver is most likely drug-intoxicated.

Factors That Lead to License Suspension

There are different reasons why someone could be charged for DUI and be sanctioned of eventual driver license suspension.

These are the laws that constitute driving under the influence:

Illegal per se Law

Driving with a higher BAC level than the one implemented by the state is inherently illegal as you are endangering lives and resources on the road. If caught, you will be charged with misdemeanor.

Implied Consent Law

When you are driving, you are automatically subjected to BAC tests whenever a police officer asks. You could get arrested for refusing chemical tests or sobriety tests, especially if done in a forcible manner.

Open Container Law

You cannot have opened alcohol in the car in the event of driving, may it be bottled, in a can, or in any other container. This excludes house coaches, cabs, trailers, buses, and even limousines. However it is still illegal for the driver to hold and drink an alcoholic beverage during driving.

Breaking these laws results in driver’s license confiscation and the result of a court hearing will determine if it will be suspended or not.

Penalties to Face

One must know that a Department of Motor Vehicles (DMV) case where your license is suspended is different from the court case for your DUI offense.

Once charged for DUI, you will be required to attend a court hearing to learn of the charges and to submit your own plea. If you are in Nevada, particularly in Las Vegas, make sure that a Las Vegas DUI attorney is with you to properly handle the developing case.

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