Everybody has their misconstructions about Driving Under the Influence because regardless of being among the most common offenses in Nevada, few people are aware of the circumstances that can lead to being arrested. In this blog, we will learn about various DUI myths and misconceptions surrounding Nevada DUI charges.
You Must Have Been Driving to be Charged With a DUI or DWI in Nevada
When a Nevada law enforcement officer sees you acting like you are drunk or accepts that you're inebriated and that you have just driven or you are parked with your keys in the car's ignition, you could be arrested and charged with DUI.
In Nevada, you could be charged with a DUI even though you're in the driver's seat of a car that is parked but has the keys inside the ignition. It's preferable to wait in an establishment or even at someone else's house; do not try to sleep the intoxication off inside your car.
Refusal to Blow Into the Breathalyzer Will Help You Stay Out of Jail
You could decline to blow into the breathalyzer, although in Nevada, refusing to do so usually results in an arrest. Keeping your mouth shut or insisting on seeing your attorney will not get you out of the backseat of a police car.
In addition, you won't be able to talk with your attorney until you have passed the evidential examination and been put into jail. Even when you reject the breathalyzer test, the court might mandate and conduct a blood test to establish your level of alcohol in the blood or intoxication by marijuana.
You are Free to Go Once You Pass the Breathalyzer Test
This common Nevada DUI misconception is untrue. A law enforcement officer who does have a strong suspicion that you had been driving while inebriated can also conduct chemical tests on your urine and blood, which are perhaps better markers that you had been driving while inebriated or under the influence of drugs or alcohol. If the results are negative, you will be released because the specific police officer may have made a wrong assumption or was attempting to implicate you with no reasonable grounds.
Breathalyzers are a Reliable and Consistent Marker of Blood Alcohol Content, Which Means Blood Alcohol Content is a Constant and Reliable Measure of Driver Intoxication
Breath alcohol content varies greatly as an indicator of blood alcohol content from individual to individual and scenario to scenario. Real impairment amounts at low to moderate BAC levels vary greatly between persons and are influenced by a variety of variables.
A Man or Woman of Average Stature Can Have Three, Four, or Perhaps Five Drinks in an Hour Without Exceeding The BAC Level For a DWI Charge
The Blood Alcohol Content in your blood will rise for one and a half hours to 3 hours after you have stopped having the drinks, even if your degree of impairment is decreasing. Many women who've had three or even more alcohol in one hour, and most males who've had four or maybe more alcohol in one hour, will have a blood alcohol concentration (BAC) level that is higher than the legal amount for DWI charge for a long time even after they've stopped drinking. When food is ingested while drinking, the blood alcohol concentration (BAC) will remain elevated for up to 6 hours after the last sip of alcohol.
Reducing the Legal Blood Alcohol Concentration (BAC) Limit For DUI Will Get "Drunk People" Off The Roads
People who have a blood alcohol concentration of 0.1 or 0.08 are not inherently "drunk people," and they really shouldn't be prioritized by DWI enforcement. The typical DWI offender is apprehended with a Blood Alcohol Content of 0.15 to 0.17%. Even in nations with exceptionally low constitutional BAC limits (such as Sweden, where the limit is 0.02), the typical DWI arrest results in a Blood Alcohol Content of approximately 0.15%.
You are Guilty By Default If You Have Been Arrested For Driving While Intoxicated or Driving Under The Influence Charge In Nevada
If you blew into the breathalyzer or did not pass a field sobriety test and then were arrested for DUI, you won't be found guilty till the matter has gone before the court or maybe a plea deal or a conviction has been issued. There are numerous things to consider when establishing an accused's guilt. A qualified DUI attorney can show that the police stop was illegal in some cases and also that the law enforcement officer did not have the authority to stop you. In other circumstances, the breathalyzer device might not have been set properly, or the examination might not have been completed promptly. This is among the first questions a DUI attorney will address.
The officer's judgment is fully unfettered when it comes to field sobriety test findings, and he/she might have misjudged the scenario. A qualified DUI attorney will constantly look for video recordings of these examinations.
You Might Be Able to Convince the Law Enforcement Officer not to Apprehend You If You Cooperate
Passing sobriety examinations and being respectful to the officer does not guarantee that you'll be released. Law enforcement officers are still bound by the law, and regardless of how nice you can be to them, they'll carry out their duties when needed. This isn't to say that being respectful to the authorities who are arresting you won't help you.
Not resisting forcibly and responding respectfully demonstrates excellent character, which may be utilized to reduce your penalties in the trial. The reverse could be harmful to your cause, and you might face further penalties under Nevada's DUI statutes.
You Cannot Get DUI In Nevada For “Driving High”
In Nevada, the statutory meaning of "DUI with marijuana" renders it illegal to operate an automobile while:
- The motorist has used marijuana to the point where he or she is no longer capable of responsibly driving or exerting actual physical operation of an automobile
OR
- The blood of the motorist contains 2 ng per milliliter of cannabis or 5 ng per milliliter of marijuana metabolites
As a result, a motorist does not need to appear "high" or impaired to be held accountable under this clause. Even though the motorist is driving properly, the law considers this "illegal per se" if the motorist's blood has the minimum permissible quantity while driving a motor vehicle.
And although Nevada marijuana statutes permit anyone 21 and older to privately carry one ounce of cannabis, it is still unlawful to smoke cannabis in public. A $600 punishment is imposed on anyone who smokes marijuana in public.
Nevada Authorities Do Not Have a Way of Knowing Whether or Not You Are Under the Influence of Cannabis
The authorities have been educated to undertake many tests to ascertain whether you have been using marijuana. Balance, having to walk, as well as eye-tracking tests, are all examples of physical coordination assessments. If the test results leave the authorities in doubt, they can consult a drug detection specialist. This officer has been taught to perform more in-depth exams such as blood pressure, temperatures, pulse rates, pupil dilation, as well as a saliva and mouth examination.
You Can't Be Charged With a Marijuana DUI If You Haven't Used Marijuana on that Day
Unfortunately, this is not the case. Unlike alcohol, marijuana lingers in your bloodstream for a long period. As a result, even if you haven't used or consumed any cannabis that day, you might be past the legal amount of THC.
A DUI attorney, on the other hand, will take advantage of the premise that you had not been "high" or incapacitated at the period when you were driving to refute the marijuana DUI arrest's reasonable grounds.
The DUI Charges are Minor and Will Have Little Impact on Your Life
Even though a first DUI conviction is charged as a misdemeanor, it can have a significant impact on your life. You may face a jail sentence of up to 6 months, hefty fines that can reach approximately $1,000, as well as intervention programs. Besides that, your driving license may be suspended, and regaining the license is regarded as a headache due to the lengthy wait times required.
First-time DUIs are also recorded in your criminal history (even when they are merely accusations and not sentences), and they can never be expunged in Nevada, only sealed. DUIs also bear the reputation of being reckless motorists, which can have a significant impact on your work and personal relationships.
You Can Defend Yourself Against a Nevada DUI or DWI
It is quite acceptable for you to defend yourself. However, without the help of an experienced DUI attorney, it is highly unlikely that you'll be capable of having your case dismissed or reduced. Self-representing defendants are given the same treatment as attorneys.
Even if a first-charge DUI is considered a misdemeanor, a conviction comes with hefty penalties, license suspensions, as well as the possibility of time in jail. A skilled DUI attorney will defend your rights, doing everything possible within the laws to assist you to avoid or lessen your charges. This is quite tough to accomplish without the right education.
Find a Reliable Bail Bonds Provider Near Me
It's critical to understand what's true and what's not among the numerous Nevada DUI myths and misconceptions so that you're better prepared if you ever have to deal with DUI charges. However, you can contact Express Bail Bonds if you are facing a DUI-related arrest in Las Vegas, NV, and need bail. Our representatives are always available to assist you in obtaining a fast release from custody. Call us today at 702-633-2245.
