Driving Under the Influence (DUI) – NRS 484C.110

Overview

Driving Under the Influence (DUI) is a serious offense in Nevada, governed by Nevada Revised Statute (NRS) 484C.110. This law addresses the illegal operation of a motor vehicle while impaired by alcohol or drugs. Understanding the legal implications of this statute is crucial for drivers, law enforcement, and individuals facing DUI charges.

Definition of DUI

Under NRS 484C.110, “driving under the influence” encompasses the following:

1. Impairment: A person is considered to be driving under the influence if their ability to operate a vehicle is impaired by alcohol, drugs, or a combination of both.
2. Blood Alcohol Concentration (BAC): The statute establishes specific BAC limits:
   • A BAC of 0.08% or higher is considered legally impaired for most drivers.
   • For commercial drivers, a BAC of 0.04% is the limit.
   • For drivers under the age of 21, a BAC of 0.02% or higher can lead to DUI charges under Nevada’s zero-tolerance law.
3. Controlled Substances: The law also applies to individuals impaired by illegal drugs or prescription medications that affect their ability to drive safely.

Legal Requirements for Prosecution

To secure a conviction for DUI under NRS 484C.110, the prosecution must prove several elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a public road or highway.
2. Impairment: The prosecution must demonstrate that the individual’s ability to drive was impaired by alcohol, drugs, or a combination of both.
3. BAC Evidence: If applicable, the prosecution may present chemical test results (breath, blood, or urine) to establish the accused’s BAC at the time of driving.

Related Offenses

DUI is associated with several other offenses, including:

• DUI with Injury or Death – NRS 484C.430: Involves causing bodily injury or death while driving under the influence, leading to more severe penalties.
• Open Container Violations – NRS 484B.150: Involves possessing an open container of alcohol in a vehicle while driving.
• Reckless Driving – NRS 484B.653: Engaging in dangerous driving behavior, which may also lead to DUI charges if alcohol or drugs are involved.

Examples of DUI Offenses

To illustrate how NRS 484C.110 is applied, consider these examples:

• Example 1: A driver is stopped for swerving on the road. Upon testing, the officer finds that the driver has a BAC of 0.10%. The driver can be charged with DUI under NRS 484C.110.
• Example 2: A person takes prescription medication that impairs their ability to drive safely and causes a minor accident. If tested, and the impairment is evident, they can be charged with DUI.

Penalties for DUI

The penalties for DUI under NRS 484C.110 can vary based on factors such as the severity of the offense and the driver’s history:

• First Offense:
  • Misdemeanor:
    • Fines: $400 to $1,000.
    • Jail Time: Up to 6 months.
    • License Suspension: 90 days.
• Second Offense:
  • Misdemeanor:
    • Fines: $750 to $1,500.
    • Jail Time: 10 days to 6 months.
    • License Suspension: 1 year.
• Third Offense:
  • Category B Felony:
    • Fines: $2,000 to $5,000.
    • Imprisonment: 1 to 6 years.
    • License Suspension: 3 years.
• Additional Penalties: Offenders may also be required to complete DUI education programs, install ignition interlock devices, or face community service requirements.

Defenses Against DUI Charges

If you are facing DUI charges under NRS 484C.110, several defenses may apply:

1. Improper Stop: If law enforcement did not have probable cause to stop the vehicle, any evidence obtained may be inadmissible in court.
2. Faulty Testing: Challenges to the accuracy of breathalyzer or blood tests can be raised if there were issues with the equipment or administration of the tests.
3. Medical Conditions: Certain medical conditions can affect BAC readings or impair driving ability without alcohol involvement.
4. Lack of Impairment: Demonstrating that the driver was not impaired at the time of the stop, even if they had a BAC above the legal limit, can be a defense strategy.

The Importance of Legal Representation

Navigating the complexities of DUI charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling DUI cases equips him to provide a robust defense against charges under NRS 484C.110.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving DUI.

Understanding Your Rights

If you are accused of DUI, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against DUI charges under NRS 484C.110 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.