(DUI) Driving under the Influence of Alcohol
NRS 484C.110 Unlawful acts; affirmative defense; additional penalty for violation committed in work zone or pedestrian safety 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 or her 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 or her 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.
This Nevada Statute provides the elements of the misdemeanor crime of driving under the influence of alcohol. The Nevada law indicates that if your blood alcohol level is at least .08 percent then you can be found guilty of this crime. This alcohol level is equal to about two or three drinks in the average person. So if you are driving the vehicle and are pulled over after just two drinks, you may be driving under the influence.
Being under physical control of the vehicle is the second part of the elements. This means you are not the passenger but the driver. There is case law that indicates that even if you are parked on the side of the road, if the keys are in the ignition, you are technically driving the vehicle. In one case the person was sleeping at the time of the police pulling up and lost the case.
The blood test or breath test must be done within two hours of the arrest. If it is done over two hours, it can not be admitted against you in court. The State can pursue the case on that fact that you were so intoxicated that you were incapable of operating a motor vehicle. They will use the observations of the police officer and his conclusions in his report to assist in the case. This is where retaining counsel is important. If you defeat one element of the crime you will be found not guilty. Incapable of being able to drive is a very subjective test and can be challenged.
The location of where the car is plays a part in the crime. It does not have to be on a street or highway. The vehicle could be in a parking lot. As long as the premises have public access, then you can be arrested.
Although these elements are standard, every case is different and each and every element of the crime must be proven beyond a reasonable doubt. If you can defeat one element, then you will be found not guilty of the crime.