Per Se DUI in Las Vegas, Nevada
Have you been charged with a DUI after a test showed you had a blood alcohol content (BAC) above the legal limit? This type of charge is called a per se DUI, which can be particularly challenging to beat because of the perceived accuracy of scientific testing. But it’s important to know that these charges can be beaten, dropped, or reduced, especially if you have an experienced and tenacious DUI defense lawyer in your corner.
If you’re facing per se DUI charges in Nevada, contact the Law Office of Joel M. Mann today for a free case evaluation to discuss your legal options. Our team stands ready to protect your rights, reputation, and future.
Why Working with an Experienced DUI Defense Lawyer Matters
If you have been charged with per se DUI, prosecutors have chemical test results that show you operated or controlled a vehicle with an illegal amount of alcohol or drugs in your system. This is powerful evidence; you need an equally powerful defense to fight back. An experienced DUI attorney can give you a better chance of securing a favorable resolution to your charges so you can return to your life.
A DUI lawyer can review the facts of your case to identify possible defenses you may have to fight your per se DUI charge under Nevada DUI laws. If convicted, a DUI attorney can advocate on your behalf for a lighter sentence, potentially avoiding jail time or heavy fines.
Why work with DUI attorney Joel M. Mann? Because he has extensive experience in Nevada criminal law. In law school, he clerked with criminal defense attorney Steven B. Wolfson, who became the Clark County District Attorney. After law school, he worked in the district attorney’s office’s Appellate Division and then with a Las Vegas criminal defense firm. He then leveraged this crucial experience to launch the Law Office of Joel M. Mann and help to even the playing field for people facing serious criminal charges.
What Is DUI Per Se?
What happens during a DUI arrest?
When law enforcement arrests a driver they suspect of driving under the influence of alcohol or drugs, they may ask the driver to submit to a mandatory breath, urine, or blood test under the implied consent law. Testing can be done at either the site of the traffic stop, at the police station, or at an area hospital, depending on the method.
Under Nevada pro se DUI laws, a driver commits the offense of DUI per se when they have a blood alcohol concentration of 0.08 per more within two hours of having driven or exercised physical control of a vehicle. For drivers of commercial vehicles, the per se DUI limit for alcohol decreases to 0.04. The DUI per se law also makes it illegal to drive or control a vehicle with certain prohibited drugs in one’s system. Illegal thresholds under Nevada law include:
- Amphetamine: 500 nanograms per milliliter in urine, 100 nanograms per milliliter in blood
- Cocaine: 150 nanograms per milliliter in urine, 50 nanograms per milliliter in blood
- Heroin: 2,000 nanograms per milliliter in urine, 50 nanograms per milliliter in blood
- 6-monoacetylmorphine: 10 nanograms per milliliter in urine, 10 nanograms per milliliter in blood
- LSD: 25 nanograms per milliliter in urine, 10 nanograms per milliliter in blood
- Methamphetamine: 500 nanograms per milliliter in urine, 100 nanograms per milliliter in blood
- Phencyclidine: 25 nanograms per milliliter in urine, 10 nanograms per milliliter in blood
- Marijuana (delta-9-THC): 2 nanograms per milliliter in blood
- Marijuana metabolite (11-OH-THC): 5 nanograms per milliliter in blood
There is a federal law on the books requiring states to set the per se DUI limit for alcohol at 0.08 as a condition of receiving federal funding for highway construction.
Penalties for DUI Per Se in Nevada
Penalties for a DUI per se conviction in Nevada depend on the number of prior DUI convictions a driver has and any aggravating circumstances in an offense, such as driving through a work zone or causing an accident that results in someone’s death.
Basic penalties for a Nevada DUI first offense within a seven-year period may include:
- Requirement to complete an alcohol/substance abuse education course
- Two days to six months in jail or residential confinement
- 48 to 96 hours of community service
- A fine of $400 to $1,000
- Requirement to complete alcohol/substance abuse treatment if found with a BAC of 0.18 or more
Penalties for a 2nd DUI in Nevada within a seven-year period may include:
- Ten days to six months in jail or residential confinement
- Community service
- A fine of $750 to $1,000
- Requirement to complete alcohol/substance abuse treatment
Penalties for a 3rd DUI in Nevada within a seven-year period may include:
- One to six years in prison
- A fine of $2,000 to $5,000
- Requirement to complete alcohol/substance abuse treatment
Penalties for DUI resulting in death include mandatory prison term from two to 20 years and a fine of $2,000 to $5,000.
Possible Defenses to DUI Per Se
You could still have powerful defenses available to you even if the police have performed a blood, breath, or urine test that has detected an illegal amount of alcohol or drugs in your system. A Las Vegas DUI lawyer can help you fight against a DUI conviction by raising defenses such as:
- Challenging the legality of the traffic stop: You might contest whether police had reasonable suspicion of a traffic violation or criminal offense to stop you. For example, suppose the police stopped you at a DUI checkpoint. In that case, you might argue that the officers failed to follow the constitutionally necessitated procedures to do so, including having an objective process for selecting vehicles to stop.
- Arguing that police lacked probable cause to arrest: You might challenge your arrest and subsequent testing by arguing that police lacked sufficient evidence to support probable cause, such as by showing that police performed improper field sobriety testing.
- Arguing that police failed to follow proper testing procedures: Breath testing requires specific testing procedures to ensure a reliable result. You might challenge the reliability of your test results by showing that police failed to follow these procedures.
- Challenging the reliability of test results: You might challenge the reliability of your test results by showing that the police failed to calibrate the testing equipment properly or ensure the proper chain of custody of your blood or urine sample.
Contact a DUI Defense Attorney Today
Were you arrested for per se DUI? Get an experienced DUI lawyer to defend your rights, protect your freedom and future, and fight back against a potential DUI conviction. Contact the Law Office of Joel M. Mann today for a confidential consultation to learn how I can fight for your interests and help you pursue a favorable resolution to your charges.
