Nevada DUI laws and problems with the Breathalyzer test

April 17, 2013

Las Vegas residents may recall hearing about a Las Vegas constable who had his DUI criminal charges dropped, even after his preliminary Breathalyzer test showed a blood alcohol content over the legal limit of 0.08 percent.

The constable's criminal charges were dropped because his second breath test showed that he had a BAC of 0.069 percent, which is below the 0.08 percent legal BAC limit. According to Nevada law, it is unlawful to use the initial breath test result as evidence in court.

If wrongful DUI charges were brought against a constable, they could be brought against anybody, especially those who are unaware of their rights and Nevada DUI laws.

An overview of Nevada DUI laws

In Nevada, the legal BAC limit is 0.02 percent for drivers under age 21 and 0.08 percent for drivers age 21 and older. An individual can also be susceptible to enhanced penalties if his or her BAC is 0.18 percent or over.

Nevada also has an implied consent law. This means that simply by applying for a driver's license, the driver has given his or her implied consent to a field sobriety test and/or a Breathalyzer test, in the instance that he or she is pulled over and the police officer suspects impairment. However, the results of the initial chemical test are not admissible in court.

If convicted of a DUI, there may be many penalties. First-time DUI offenses usually come with the following penalties:
- Revocation of the driver's license for 90 days, but an individual can be eligible for a restricted license to drive to and from work after 45 days
- A jail sentence that ranges from two days to six months, or 96 hours of community service
- A fine ranging between $400 and $1000
- Mandatory completion of DUI school plus the DUI school tuition cost
- Possible treatment for substance abuse

If an individual is convicted of a second DUI within seven years, the penalties are even tougher and may include the following:
- Revocation of the driver's license for one year with no option for a restricted license to drive to and from work
- At least 10 days and up to six months of home arrest or jail sentence
- A fine ranging between $750 to $1,000
- 100-200 hours of community service
- Possible suspension of car registration
- Possible order to undergo treatment for substance abuse

As one could imagine, the penalties for being convicted of three or more DUIs within seven years are even stricter.

Potential problems with the Breathalyzer test

Independent studies have found that BAC levels determined by breath readings can vary by 15 percent from BAC levels determined from blood tests. Some reasons for inaccurate Breathalyzer results include design flaws in the machine and result variance due to the temperature of the machine.

For these reasons, Breathalyzer results can be challenged in court. One way to challenge a Breathalyzer result in court is to look at the maintenance records of the Breathalyzer and the frequency of the machine's routine tests, making sure that the machine was properly calibrated at the time of the arrest.

The penalties for being convicted of a DUI are serious. Someone who has been charged with a DUI could benefit from consulting with a skilled DUI lawyer who can help investigate the charges and the protocol used to make the arrest, as well as fight the case in hopes of preventing a conviction.

Website: http://lasvegas-duilawyer.com