Nevada’s legal limit for alcohol consumption is a Blood Alcohol Concentration (BAC) of 0.08 percent. For most adults, this is one to three drinks. Anyone with a BAC at or above 0.08 percent who operates a motor vehicle could face a Driving Under the Influence (DUI) charge, with penalties including a license suspension, fines, jail time, and installing an Ignition Interlock Device (IID) in their vehicle.
Under Nevada’s two-hour DUI rule, these charges could affect you even if you aren’t behind the wheel during your BAC test.
What is the two-hour DUI rule in Nevada?
The Nevada DUI 2-hour rule is found in NRS 484C.110. It states that someone whose BAC is over the legal limit within two hours of operating or being physically in control of a motor vehicle may be charged with driving under the influence.
But, under this law, you do not have to be actively driving the car to be arrested for a DUI. You could be charged with DUI even after you reach your destination if your BAC was higher than the legal limit within two hours of driving.
How can the DUI 2-hour rule affect your case?
The two-hour rule gives police up to two hours to conduct a breath or, more likely, a blood test to establish a suspect’s BAC. This extended deadline gives them time to get a warrant and conduct more accurate tests than they have access to during a traffic stop—tests that provide more compelling evidence for a prosecutor seeking a conviction.
However, the rule cuts both ways. A defendant can argue that a DUI blood test performed after two hours of driving could not offer a reliable result, calling into question the basic facts of the case. This dynamic underscores the importance of seeking experienced legal counsel as soon after a DUI arrest as possible.
What To Do After You’re Charged With a DUI in Las Vegas
The first thing to do after being arrested on suspicion of or being formally charged with DUI is to contact a criminal defense attorney. An experienced Las Vegas DUI attorney can mitigate the penalties of a conviction or even have your case dismissed altogether.
One thing you should not do after being stopped for DUI is to refuse to take a BAC test. Under Nevada’s Implied Consent law (Nevada Revised Statute § 484C. 160), refusal to take a BAC test could earn you a license suspension of up to one year, among other penalties.
Contact the Las Vegas DUI Defense Lawyers at Adras & Atlig Now!
A DUI charge can have long-term repercussions, affecting your wallet, reputation in the community, driving privileges, and even your freedom. Protect your rights with the help of Adras & Altig, Attorneys at Law. Our skilled DUI lawyers in Las Vegas have successfully secured the freedoms of many clients who’ve found themselves in unfortunate situations like yours. Contact us today for a free consultation—we’re ready to fight for you!
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.