DUI Per Se Under Nevada Law in Las Vegas

Under Nevada’s “per se” theory of proving DUI, the operation of a vehicle by a person with a blood alcohol content (BAC) at or above the legally defined threshold constitutes an offense of impaired driving in and of itself. As of September of 2003, Nevada’s blood alcohol level was lowered from 0.10 to 0.08. For commercial driver’s with CDL license, the legal limit is 0.04. For drivers under the age of 21 years old, the legal limit is 0.02.

Theoretically, drivers can be convicted of DUI even if they are below the legal limit. Although practically these prosecutions are very difficult. Per Se DUI theory of liability under Nevada law explained by Las Vegas drunk driving attorney for Clark County, Nevada.

Under the per se theory of liability the driver can be convicted of DUI for operated a vehicle “with an amount of a prohibited substance in [his] blood or urine that is equal to or greater than the law allows,” see Nevada Revised Statute Section 484.379(3).

If you have a certain level of any of these substances in your blood while driving you will be presumed to have violated the Driving Under the Influence statute. This presumption may be rebutted by a prescription.