It’s illegal to drive with a blood alcohol concentration at or above the legal threshold in Nevada. For most drivers aged 21 or older, the legal limit is 0.08 percent. Lower limits apply to commercial drivers and drivers under 21.
Note that a test result over 0.08 percent doesn’t automatically result in a DUI conviction. Chemical testing is more complex than the number printed on a report. Breath tests estimate BAC based on breath samples, not direct blood analysis. Other factors can affect accuracy, including:
- Device calibration
- Maintenance
- Residual mouth alcohol
- Medical conditions
- Testing protocols
Blood tests have their own issues. Blood samples must be properly drawn, stored, transported, and tested. Anything from lab errors to test timing can affect the results. Alcohol levels rise and fall, so a test taken long after driving may not reflect your BAC at the time you were behind the wheel.
Administrative penalties are another issue at this stage. A BAC result over the limit can trigger a separate DMV license revocation, independent of your criminal case. The deadlines to request a DMV hearing are short – and missing them can result in automatic suspension. It’s important to talk to a lawyer as soon as possible so you can protect your license as well as your rights.
Our defense strategies may focus on:
- How the test was administered
- Whether the officer followed the required observation periods
- Whether the equipment met all regulatory standards.
- Expert testimony explaining physiological variables that affect BAC readings
Seeing a number over the Nevada BAC limit might look like your case is open-and-shut, but it isn’t the end of the defense analysis. The DUI defense lawyers at Adras & Altig can closely review any test data. Chemical evidence often contains weaknesses that aren’t obvious at first glance.