Welcome to GO DUI Law

According to Nevada law, “Driving Under the Influence” means operating a motor vehicle while under the influence of drugs or alcohol to such a degree that you are not able to safely drive. Contrary to popular belief, there is no requirement for a driver to be drunk in order to be arrested for or convicted of a DUI in Nevada. If a person operates a vehicle while under the influence, or with a BAL (blood alcohol content) of greater than .08, a DUI conviction could be obtained. If you are arrested on suspicion of DUI, the DMV will be notified to suspend your driving privileges.

Even if a person is not found to be driving in an unsafe manner, the mere fact of having a BAL of higher than .08% can result in a DUI arrest under Nevada’s “Per Se” law. There is no longer the option to refuse to consent to a blood or breath test in Nevada; by accepting your driver’s license or by driving on Nevada’s roads, you have implied consent to submit to a blood or breath test if one is requested. Police may even use force, if required, to obtain a blood sample for evidence.

Our lawyers work on behalf of drivers who have been charged with DUI in an effort to obtain a dismissal of charges, an acquittal in trial, or a non-DUI disposition for your case. While these results are not possible in every case, having a skilled drunk driving defense attorney is the only chance for success in a drunk driving case. It is crucial that you are fully informed of the issues pertaining to typical DUI cases so that you can work with your defense team and make informed choices involving your case. Be sure to be open and honest with your DUI defense lawyer so that he or she can help you build the most effective defense.

Prosecutors can prove a Nevada DUI case in three ways. Remember, each element of the case must be proven beyond a reasonable doubt to warrant a conviction. The following three theories can be used to prosecute a DUI case:

1. Demonstrating that the defendant was driving in a manner that was less safe as a result of the influence of drugs or alcohol, as judged by the arresting officer. This can include the way the defendant was driving, his or her behavior, the driver’s physical appearance, or the results of the chemical test (or the refusal to submit to said test).
2. Proving that the defendant was operating a motor vehicle while his or her BAL was .08% or greater. The prosecutor must prove that the test results were valid, that the test was administered correctly, and that the defendant was driving within 2 hours of the test’s administration. No other evidence of unsafe driving needs to be offered under this approach; merely driving with a BAL of .08% or greater is in itself a violation of the law.
3. Driving with certain prohibited substances in your bloodstream. Barring a valid prescription, driving with a certain level of the following substances in your bloodstream can invoke the Per Se law: amphetamine, cocaine or bezoylecognine (cocaine metabolite), heroin or morphine or 6-monoacetyl morphine (heroin metabolite), LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine.

DUI Information

The DMV Action

In Nevada a DUI arrest triggers not only a criminal case being charged against the arrestee; but a possible driver's license suspension by the DMV. If a person who has just been arrested for DUI consents to a breath test and the results of that test are at or above the legal limit of .08, then the arresting officer will confiscate the actual driver's license of the accused and give him or her a pink piece of paper which is a temporary driver's license and is good for seven (7) days only. The arrestee has seven days to either call or walk into the DMV to request a DMV Hearing to prevent the possible suspension of their driving privilege. If a person who has just been arrested for DUI consents to a blood test to determine the amount, if any, of their blood alcohol content, then they will be allowed to keep their license pending the outcome of the blood results. During this time, the arrestee will have sent to their last known address on file with the DMV (usually within 30-45 days), a blue card which states that the arrestee's license will be suspended for 90 days unless and until a DMV hearing is requested.

To find out more information about these topics, please call us direct at 702-366-0891

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