Las Vegas DUI Lawyer

Welcome to our DUI Law section. We have tried to amass the most specific and crucial information concerning the laws and regulations surrounding DUI [driving under the influence]. These are all drinking laws in Las Vegas Nevada. This information your Nevada Dui Attorney or Lawyer would tell you anyway, but we have included it so as to be thorough and clear on the subject of drunk driving in Nevada, including Las Vegas, Henderson and Clark County.

Use it at your leisure.

Overview : [revised to fit formatting of webpage]

Nevada DUI Law

As set forth in NRS 484.379 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

1. It is unlawful for any person who:

(a) Is under the influence of intoxicating liquor;

(b) Has a concentration of alcohol of 0.08 or more in his blood or breath; or

(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his blood or breath, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.

2. It is unlawful for any person who:

(a) Is under the influence of a controlled substance;

(b) Is under the combined influence of intoxicating liquor and a controlled substance; or

(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

3. It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his blood or urine that is equal to or greater than:

Prohibited substance

(a) Amphetamine

(b) Cocaine

(c) Cocaine metabolite

(d) Heroin

(e) Heroin metabolite:

(1) Morphine

(2) 6-monoacetyl morphine

(f) Lysergic acid diethylamide

(g) Marijuana

(h) Marijuana metabolite

(i) Methamphetamine

(j) Phencyclidine

4. If consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his blood or breath was tested, to cause him to have a concentration of alcohol of 0.08 or more in his blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

5. A person who violates any provision of this section may be subject to the additional penalty set forth in NRS 484.3667.

(Added to NRS by 1969, 1485; A 1971, 2030; 1973, 587, 1277, 1501; 1975, 788; 1981, 1924; 1983, 1068; 1993, 539; 1999, 2451, 3415;2001, 172; 2003, 2559, 3245)

Nevada DUI Law

Design by Boundless Enterprise: Kevin Cardinale

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