For someone in their early 20s, partying and driving while under the influence might not seem like such a big deal. However, drunk drivers are no joking matter for a mother with two children in the backseat of the vehicle. No one should be afraid of being hit by a drunk driver! However, the fact remains that drunk driving is a serious problem in Las Vegas and the rest of Nevada, for that matter.
With DUI accidents as a leading cause of death on the road, the state of Nevada takes drunk driving very seriously! In fact, Nevada has some of the strictest DUI laws in the United States of America. In this guide, we will discuss drinking and driving laws in Nevada and more. If you have questions about DUI accidents and personal injury procedures, we encourage you to contact the skilled professional attorneys at Moss Berg Injury Law now.
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Were you hit by a drunk driver in Nevada? If so, the professional attorneys at Moss Berg Injury Law are ready to help you now. You can call our team at 702-222-4555 during regular operating hours or use our convenient and obligation-free Live Chat to contact a real person at any time. At Moss Berg Injury Law, we make filing claims easy. That way, you can spend less time worrying about fighting insurance companies and more time focusing on getting your life back. So, if you have questions or need help, contact our team today!
An Overview of Nevada’s DUI Laws
DUI stands for Driving Under the Influence. In Nevada, anyone caught driving a vehicle while under the influence of drugs, alcohol, or other inhibiting substances, could get a DUI charge. Therefore, a person could get charged with DUI after having a few drinks at the casino and then getting behind the wheel of their car. However, it also means that somebody could be charged with a DUI if they are driving a tractor while under the influence of marijuana.
DUI charges are serious and carry steep consequences. Driving while impaired by drugs or alcohol demonstrates blatantly reckless and seriously negligent behavior. The consequences of getting a DUI in Nevada range from spending a night in jail and a $400 fine to three years in prison. It all depends on how many DUI convictions a person has, whether they were implicated in an accident, and how much damage their negligent driving caused.
Can driving high result in a DUI charge in Nevada?
In some states, terms like “DWAI” are used in place of “DUI” if someone is caught driving after consuming substances that could impair their ability to operate a motor vehicle. For instance, in Colorado, a person could get a DWAI charge for smoking marijuana before driving. But, one could also receive a DUI charge for drunk driving. However, in Nevada, the term DUI covers everything from driving high on methamphetamine to driving drunk on alcohol. Basically, if a driver is intoxicated in Nevada, they can get charged with DUI.
What vehicles can be implicated in a DUI charge?
Driving any vehicle defined under Nevada Revised Statute 484.217 while intoxicated can result in a DUI charge. So what counts as a vehicle in Nevada? Any apparatuses used to transport a person or property, excluding human-powered devices or those exclusively used on stationary rails, count as vehicles. This could include a regular car, truck, SUV, or motorcycle. However, it could also include mopeds, ATVs, or even forklifts. If it has a motor, it can not be operated by an intoxicated person.
Vehicles that Cannot Legally be Operated by Intoxicated Individuals Include
- Sedans, Cars
- SUVs, Trucks
- Commercial Vehicles
- Heavy Equipment
What are the legal limits of alcohol in Nevada?
Driving with a blood-alcohol concentration of 0.08 percent or higher, as determined by a blood or breathalyzer test at the time of driving, can result in a DUI charge. If a blood concentration level of 0.08 percent or higher is detected within two hours of driving, a DUI charge may also result.
However, minors (those under 21) are prohibited from having a blood alcohol concentration level of 0.02 percent or more. In addition to this, those operating commercial vehicles are prohibited from having blood alcohol concentration levels of 0.04 percent or greater.
What are the laws on driving “high” in Nevada?
Driving under the influence of any controlled substance (or any combination of intoxicating alcohol and controlled substances) can also result in a DUI if it impairs a person’s ability to operate a vehicle safely.
Any controlled substance that is ingested, inhaled, or otherwise used in the body to the degree that renders a person incapable of safely operating a motor vehicle may result in a DUI charge. Prohibited substances can be detected using urine tests if an officer suspects they have been used.
Prohibited substances in Nevada (outside of valid prescriptions) include:
What are Nevada’s penalties for DUI?
Nevada imposes strict sentences for DUI convictions. In 2005, new legislation was introduced to increase penalties for subsequent DUI offenses.
For a first DUI conviction, an individual can receive a fine ranging from $400 to $1,000 and a jail term of no less than two days and no more than six months. Individuals may also receive community service. If an individual has a blood alcohol concentration level greater than 0.18% as detected by a blood test or breathalyzer test, they must also attend a treatment program for substance abuse.
For subsequent offenses, the penalties are even stricter. A second conviction within seven years of the first DUI conviction is a category B felony punishable by prison for one to six years and a fine ranging from $2,000 to $5,000. A second offense may also include a driver’s license revocation. After that, sentences are even harsher. Three DUI offenses within seven years may result in a prison sentence of 2 to 15 years, fines, treatment programs, license revocation, and community service.
Need a Car Accident lawyer in Nevada? Moss Berg Injury Law is Here for You!
No one should have to suffer simply because someone else decided to behave with clear negligence on the road. Hiring a car accident lawyer in Nevada may be wise if a reckless DUI driver hits you. Call 702-222-4555 for a seasoned Nevada injury lawyer! Your attorney can review your DUI accident case, will know how you help you file claims, and can help you get compensated for your damages.
At Moss Berg, our skilled and professional Las Vegas Injury Law team can walk you through every stage of your DUI accident case. Not only will we give your claims the time and attention they deserve, but we will do everything we can to get you the compensation you are legally entitled to! If you were hit by a DUI driver, don’t wait. Instead, call our team to get paired with one of the top Nevada personal injury attorneys in the area.
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