Blood Alcohol Content (BAC) Limits in Nevada

More often than not, your blood alcohol content (BAC) is the determining factor in a Nevada drunk driving case. Therefore, you must understand these limits if you face drunk driving charges, along with how the police and prosecutors apply BAC limits.

The Las Vegas DUI lawyers at Adras & Altig have helped countless drivers contest drunk driving charges and keep their driving privileges. Our criminal defense attorneys have over 40 years of combined experience and work directly with every client. We won’t pass you off to a paralegal or a junior attorney because we know what’s at stake for you. Furthermore, our case results reflect our aggressive advocacy and thorough approach to every case. We offer free initial consultations, so call now or complete our contact form to learn how we can help you with a drunk driving case.

What Is Blood Alcohol Content (BAC)?

Your blood alcohol content (BAC) is a measurement of the amount of alcohol in your system. As you drink, your BAC rises, and the effects of intoxication increase.

Usually, BAC is measured as a percentage of how much of the volume of your blood or breath is alcohol compared to other substances. When measuring the BAC of your blood, the percentage measures the number of grams of alcohol for every 100 milliliters of blood. A breathalyzer might also measure the amount of alcohol in your breath, in which case the percentage reflects the amount of alcohol for every 210 liters of air in your lungs.

Measuring your BAC is one method for the police and prosecutors to charge you with drunk driving. Nevada law dictates that anyone with a BAC over a certain level is assumed to be intoxicated, meaning the police can arrest you without any other evidence. However, the police can also arrest you with any amount of alcohol in your system if they can show the alcohol impedes your ability to handle a vehicle safely. So, you could receive a DUI ticket even if your blood alcohol content is under the legal limit. These cases are more subjective and harder to prove, though, which is why the police and prosecutors usually rely on a high BAC to justify a DUI charge.

Nevada’s Legal BAC Limits

Nevada’s legal BAC limits vary slightly depending on your age and whether you drive for your job. For drivers 21 and older who don’t drive for a living, the legal BAC limit is 0.08 percent. The legal BAC limit for commercial drivers is 0.04 percent. Finally, the legal limit for drivers under 21 is 0.02 percent.

How BAC Is Tested in Nevada

There are two main ways that the police test a driver’s BAC if they suspect the driver is drunk. The first method is to test a driver’s breath using a breathalyzer. The police will order a driver to blow into the breathalyzer. The device then uses sophisticated sensors and technology to detect the volume of alcohol particles in the driver’s lungs.

The other method the police use to test a driver’s BAC is a blood test. After obtaining a sample of the driver’s blood, a chemical analysis will show the percentage of alcohol in the blood when the police took the sample.

There are some crucial details to know about how the police conduct BAC tests in Nevada. First, roadside breathalyzer tests are much less accurate than the results of a formal test after an arrest. The breathalyzers at a police station are much more sensitive but also more difficult to use. That means any mistakes in calibrating the device or conducting the test could create a false BAC result.

Second, refusing a blood or breath test can have severe consequences. Nevada’s implied consent law requires you to submit to a blood or breath test after your arrest, or you lose your driver’s license for a year. However, you can refuse a roadside breath test (sometimes called a preliminary breath test) and other field sobriety tests before your arrest.

Penalties for Exceeding BAC Limits in Las Vegas

Nevada law imposes harsh penalties for driving with a BAC at or above the legal limit. Those penalties can include:

• Having your vehicle impounded
• Two days to six months in jail for a first offense, with longer sentences possible for repeat offenses
• A fine of $400-$1,000.
• Losing your driver’s license or having an ignition interlock device (IID) installed in your car.
• Mandatory substance abuse treatment

For a second or subsequent violation within seven years, all vehicles registered in your name or owned by you could have their registrations suspended for five days.

Defenses Against DUI Charges in Nevada

Our DUI defense lawyers in Las Vegas have several ways to contest your charges. One method is to see if the police made any errors during your BAC test. For example, if they mishandled your blood sample or there isn’t a clear chain of custody, we can argue that the test results are flawed and should be dismissed. Without the results of your test, prosecutors might drop your charges.

Similarly, we can see if there were any errors with the testing equipment or how the police used it. All machines can break or fail, and you should not go to jail or lose your license because some part of the breathalyzer or other testing equipment didn’t work correctly.

Another potential issue with BAC tests is that certain medical conditions can affect the results. If you have a condition that might have affected your results, we can use your medical records and other evidence to show how your illness might have skewed the test.

Contact Our Las Vegas DUI Lawyers for Help

A BAC test that shows you’re above the legal limit is not the end of your drunk driving case. Our DUI defense lawyer in Las Vegas can examine every element of your case to look for weaknesses and potential defenses to protect your driving privileges. Call Adras & Altig now or complete our contact form for a free consultation, and let us get to work for you.