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Nevada DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Nevada DUI LAW Choose your Nevada county to locate a DUI LAW Lawyer in your area. :: Select a County :: Carson City Churchill County Clark County Douglas County Elko County Esmeralda County Eureka County Humboldt County Lander County Lincoln County Lyon County Mineral County Nye County Pershing County Storey County Washoe County White Pine County Nevada counties - map view Nevada DUI arrests trigger two separate cases: the court case, and the DMV case , where the person's driving privileges are at stake. The Nevada Department of Motor Vehicles recently published a bulletin relating to DUI cases; you can CLICK HERE (.PDF file) to view it. Most importantly, if you have been arrested for DUI in Nevada, you must request a DMV hearing immediately, or lose your right to have one. CLICK HERE (.PDF file) to view a DMV Hearing Request Form. DMV Hearings are conducted through the DMV's Office of Administrative Hearings . They can provide more information about your obligations under Nevada drunk driving laws. In Nevada "Driving Under The Influence" means operating a motor vehicle while under the influence of alcohol and/or drugs to a degree that renders one unable to safely drive a vehicle. It is not necessary for one to be drunk to be arrested for or convicted of DUI in Nevada. Nevada DUI convictions can be obtained where a person operates a vehicle while under the influence of alcohol, OR operates a vehicle with a blood alcohol level (BAL) or breath alcohol content (BAC) of .08 or greater . Nevada DUI cases can be brought against a person who may appear normal, but who is above the legal limit of .08% BAC. This is called Nevada's "Per Se" law , meaning that it is illegal to be above a .08 no matter what the person's impairment level actually is. DUI arrests in Nevada also trigger the new implied consent law. All Nevada drivers have impliedly consented to a test of their blood or breath for alcohol content simply by obtaining a Nevada driver's license or by driving on Nevada's roads. There is no more right in Nevada to refuse to provide a breath or blood sample if arrested for DUI. This means that the police may use force to draw blood, if necessary, to obtain evidence to use against someone in a Nevada drunk driving case . top The goal of our Nevada DUI lawyers in representing a DUI client is to obtain a dismissal of the charges, an acquittal in trial, or a non-DUI disposition. While this is not always possible, the only chance for success in a Nevada drunk driving case is to have a skilled drunk driving defense attorney . It is extremely important that you be familiar with the issues involved in a typical DUI case so that you may aid and participate in your defense and make informed choices regarding your case. It is also vitally important that you tell your DUI defense lawyer all of the facts , so that he or she is able to best help defend the drunk driving case. There are three ways for a prosecutor to prove a Nevada DUI case. Keep in mind that unless each element of the case is proved beyond a reasonable doubt, the defendant in a DUI case is entitled to a verdict of "not guilty." A Nevada driving under the influence case can be prosecuted under any of the following theories: By proving that the defendant was a less safe driver due to impairment by alcohol and/or drugs by using the officer's observations, including the manner of driving , field sobriety test , the way the driver appeared physically, and the chemical test (or refusal to take a chemical test, which is considered "consciousness of guilt" in a DUI case) . By proving the defendant was driving the vehicle at a time when his blood alcohol level (BAL) was .08% or greater. The prosecutor must prove beyond a reasonable doubt that the test you were given was a valid test and administered properly, and that you were driving within TWO (2) hours of the chemical (breath or blood) test. This is called Nevada's Per Se law; it doesn't matter how well someone is driving. Violating this law is purely a function of body chemistry. The state of Nevada has a "Per Se" level of prohibited substances: amphetamine, cocaine or bezoylecognine (cocaine metabolite) , heroin or morphine or 6-monoacetyl morphine (heroin metabolite) , LSD, marijuana or marijuana metabolite, methamphetamine, and phenycyclidine. 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. NOTE: In the state of Nevada there is no longer any right to refuse to submit to a chemical test. If you do not consent to a breath or a blood test the officer may force you to give a blood sample, pursuant to Nevada law. top Penalties for DUI in Nevada The penalties for driving under the influence depend on whether one has had a DUI conviction within the past SEVEN (7) years. The 7-year "washout" period is calculated from the prior DUI arrest date to the current DUI arrest date. CONVICTION: A person that pleads no contest, pleads guilty or is found guilty at trial is subject to the following judicial penalties: DUI FIRST OFFENSE: JAIL: 48 hours up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time. FINES AND ASSESSMENTS: A minimum of $340.00 to a maximum of $1,175.00 (DUI fines and assessments). SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a 1st offense DUI results in a 90-day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after 45 days have passed. OTHER PENALTIES: The Court will always impose the requirement that you attend an 8-hour course of DUI school , a DUI assessment program with a $100.00 fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $40.00 fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three to six months. top DUI SECOND OFFENSE: JAIL: Minimum of TEN (10) days up to SIX (6) months. FINES AND ASSESSMENTS: Fines and assessments of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00) . LOSS OF LICENSE: ONE (1) year OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, DUI assessment program, treatment program , Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a THIRTY-FIVE DOLLAR ($35.00) civil penalty to the Department of Motor Vehicles. top DUI THIRD OR SUBSEQUENT OFFENSE: Conviction of three or more DUI's within SEVEN (7) years of the date of the first DUI arrest is a FELONY. JAIL: A minimum of ONE (1) year to SIX (6) years in a Nevada State Prison. FINES AND ASSESSMENTS: TWO THOUSAND EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND EIGHTY-FIVE DOLLARS ($5,085.00) . LOSS OF LICENSE: THREE (3) years OTHER PENALTIES: Breath interlock device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, THIRTY-FIVE DOLLARS ($35.00) civil penalties to the Department of Motor Vehicles. top DRUG OFFENSES IN DUI CASES: While a DUI offense involving drugs may be prosecuted by the State as a misdemeanor, beyond the misdemeanor DUI/ Drugs penalties set forth above, Nevada law specifies that possessing ANY amount of a controlled substance, for instance marijuana or cocaine, is a felony. DRIVING WHILE YOUR LICENSE IS SUSPENDED: If your license is suspended or revoked due to a DUI, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. You also could be ordered to pay a $1,000 fine and lose your driver's license for an additional year, without the opportunity to have a restricted license for driving to and from work. DUI ACCIDENT THAT RESULTS IN DEATH OR SUBSTANTIAL BODILY HARM: If you are convicted of a DUI offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first DUI. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE THOUSAND DOLLARS ($5,000) . The consequences of a drunk driving conviction are serious and far-reaching. Let one of the DUI LAWS attorneys give you a free consultation . :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.

BOTW Directory - Society Law Services Lawyers and Firms Drunk Driving Defense - Submit Site Directory | Submit Site | Affiliate Program | Sign In San Diego DUI Lawyer - Free private consultation with a DUI lawyer in San Diego. http://www.pacificlawcenter.com Sponsor Sponsor This Category Free for 60 Days - Customize your message and appear alongside search results. Start your Free Trial today! Top: Society: Law: Services: Lawyers_and_Firms: Drunk_Driving_Defense: Add URL See Also: Society: Law: Legal_Information: Criminal_Law: Austin DWI and DUI Defense Attorneys - Texas defense attorneys for driving while intoxicated (DWI), driving under the influence (DUI), or boating while intoxicated (BWI). Burg Criminal Defense - DUI defense information from Washington State criminal defense attorney Geoff Burg. California Drunk Driving Law Center - Resource for California drunk driving laws, police evidence, penalties, license suspensions, car insurance and more. Cowan Smith Kirk Gaston Law Firm - Information regarding drunk driving charges in Washington presented by a DUI defense law firm with over seventy years of collective experience. DUI Defense in Washington State - Introduces a DUI defense attorney with over twenty-five years experience and provides a concise explanation of DUI laws and penalties. Fort Worth Drunk Driving Defense - Find a defense attorney for DWI, or DUI in Fort Worth, Texas and surrounding communities. Law Office of Grant M. Scheiner - Law firm specializing in DWI defense by providing criminal representation for adults and juveniles in state and federal court. Los Angeles DUI Lawyer - AV-rated, 8-attorney, Los Angeles law firm exclusively devoted to drunk driving defense with offices in Long Beach, Pasadena and Woodland Hills. Massachusetts Drunk Driving Lawyer - Introduces Russell Matson, a Massachusetts attorney for OUI law and DUI and DWI defense. Michigan Drunk Driving Defense - Offers information and links to possible DWI and DUI cases handled in Michigan. Minnesota DWI - Offers attorney information on Douglas V. Hazelton and drunk driving defense in Minnesota. New York Traffic Lawyer - Offers services for legal traffic problems in NYC, Long Island, and Upstate New York. Orange County DUI Lawyer - Offers representation for drunk driving criminal defense cases and California DMV drivers license suspension hearings. Pacific Law Center - Law firm in San Diego offering criminal defense services and information on DUI laws in the state of California. Randy Goodies, P.A. - Miami based DUI attorney providing DUI law facts, contact information, and a list of available services. San-Diego-DUI.com - Attorney that specializes in DUI defense exclusively with offices in downtown San Diego, California. The Redlich Law Firm - Albany NY DWI lawyer covering Schenectady Troy Saratoga and more. Also handles speeding tickets and other traffic court matters. Search for Drunk Driving Defense on Yahoo! Google MSN All the Web Ask Jeeves Teoma Google Groups Wikipedia Submit a site to this category - Learn More About | Help | Archive | Terms | Privacy | Advertise © 1994-2006 Best of the Web Directory All Rights Reserved

Blood Alcohol Content

3.3 Blood Alcohol Content T he concentration of alcohol in a person's blood is known as their Blood Alcohol Concentration (BAC), or Blood Alcohol Level (BAL). These terms are used interchangably, and both use the same scale of measurement. The effect that alcohol has on a person's body is dependent on the amount of alcohol that their organs -- the brain in particular -- are exposed to. Since the alcohol gets to the brain by diffusing itself throughout the blood, a convenient gauge of intoxication is the amount of alcohol in a person's blood. But, a 300 pound football player certainly has more blood in his body than a 100 pound ballerina. The same amount of alcohol is going to affect the ballerina much more than it will affect the football player. But since different people have different amounts of blood, an even more convenient measure is the concentration of alcohol in the blood. This is what the BAC measures. The units that the BAC is measured in are a more than a bit confusing. For the curious, some interesting footnotes have been included. In most cases, the BAC is expressed without units in a form like the following: "the driver has a BAC of .18 at the time of the accident." This really means that the driver had .18 grams of ethanol per 100 milliliters of blood. Remember that this is grams of the actual chemical ethyl alcohol, not grams of actual beverage. An interesting and useful property of ethanol is that the amount of ethanol in one's breath is directly proportional to the amount in one's blood. Police use special devices called "breathalyzers" to take an accurate measurement of a person's BAC and determine whether it is over the legal limit. The breathalyzer can tell exactly what BAC a person has simply by analyzing a breath of air from that person. While BAC for blood is measured in weight of ethanol per 100 mL of blood, it can be measured as weight of ethanol per 210 L (liters, not milliliters) of breath, and produce an equal result. The liver is a very important organ. All the blood in your body passes through your liver every three minutes. It processes blood and tries to remove harmful or foriegn substances. Upon entering the bloodstream, the alcohol is immediately recognized as a foriegn substance. Enzymes in the liver metabolize the ethanol into highly toxic acetaldehyde, then into acetate, which is a useful chemical for the body, and is either converted into energy or other useful substances. The liver processes alcohol at a constant rate. However, the rate at which alcohol is metabolized differs by individual. The average rate of metabolism reduces a person's BAC by .017 g/dL per hour, but depending on how heavily the individual drinks, can go as low as .01 g/dL/hr or as high as .04 g/dL/hr. 90% of the alcohol in the body is metabolized in this manner. 2% exits the body through sweat, and 8% of the alcohol exits through breath. This not only shows how once in the bloodstream, alcohol is spread all throughout the body, but also explains how the breathalyzer can detect alcohol concentrations. So every time a drink is ingested, the ethanol in that drink is absorbed into the blood, thus boosting the blood alcohol concentration. However, the process is really not that simple. The BAC depends on many, many factors. Probably the most important of these is time. It does take some time for the alcohol the be absorbed by the stomach and small intestine. In addition, drinking on an empty stomach has much more of an effect than drinking while full. When drinking on a full stomach, it takes much longer for the alcohol to reach the small intestine, where most of it is absorbed. All the alcohol is eventually absorbed, but the full stomach produces a time-release effect. On an empty stomach, the alcohol immediately enters the small intestine and is absorbed almost instantaneously. Since the liver processes alcohol at a constant rate, drinking on a full stomach produces a low peak BAC, but sustained for a long time, as the stomach gradually releases alcohol to the intestine for absorbing, and the liver gradually eliminates it. Drinking on an empty stomach, two or three drinks in rapid succession can produce a very high BAC, since the liver is given no time to process the alcohol, and it is all released into the blood very rapidly. Other factors that determine BAC include body weight, percent of body that is blood, percent of body that is fat, etcetera. But the factors which influence BAC most are rapidity of consumption and body weight. In the next few chapters, BAC will be used extensively to gauge effects of alcohol on the nervous system. Concentration The amount of a specified substance in a unit amount of another substance. Gram A gram is the metric unit for measuring weight. It is written "g" in formulae. Milliliter A liter is the metric unit for measuring volume. The prefix milli- means one thousandth, so a milliliter is one thousandth of a liter. One milliliter is also equivalent to one cubic centimeter. Milliliter is written "mL" in formulae. Since 1 mL = .001 L, 100 mL = .1 L, or one deciliter -- 1 dL. (deci- means 'one tenth'). So the measurement g/100 mL is more easily written g/dL. In toxilogical circles, "percent" is defined "grams per 100 deciliters," not a normal definition of percent, but as you will notice, the same gauge as BAC. That is why the BAC is commonly written in the '.10' or '.10%' form. However, technically the units for measuring BAC are milli grams per 100 milliliters. menu

Drunk Driving Sobriety Checkpoints

Drunk Driving Sobriety Checkpoints Site Map :: Disclaimer California DUI Laws and Legal Information Drunk Driving Sobriety Checkpoints Page 1 of 9 An increasingly prevalent practice used to detect the drunk driver involves the use of roadblocks or checkpoints. Commonly, law enforcement agencies will set up a roadblock on a selected road or highway, much as is done with equipment safety checks or license/registration inspection. If the driver's speech sounds slurred or his breath has an odor of alcohol, he will he asked to leave the car and perform field sobriety tests at the scene. On June 14, 1990, the U.S. Supreme Court finally handed down its long-awaited decision on the constitutionality of DUI roadblocks. In Michigan Department of Slate Police v. Slit, 496 U.S. 444 (1990), the Court reversed the state appellate court and held that the checkpoint operation in question did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures. In a predictable 6-3 decision authored by Chief Justice Rehnquest, the Court acknowledged that roadblocks do constitute a "seizure” within the meaning of the Fourth Amendment. However, the Chief Justice wrote, this must be viewed in the context of weighing the need and effectiveness of the roadblock against minimal intrusion on individual liberties. With demonstrated need and effectiveness, and minimal intrusion, sobriety checkpoints are constitutionally acceptable. Respondents in Sitz had argued that any balancing tests were inappropriate: The sole question was whether the police had probable cause to stop any individual drivers. There must be a special governmental need beyond the normal need,'' respondents argued, before a balancing test is appropriate. Oddly, however, Rehnquist quickly dismissed this rather obvious point with almost no comment. Previous | Page 1 of 9 | Next Home :: DUI FAQ's :: Drivers Guide :: Lawyer's Guide :: DUI Research :: DUI Checkpoints The DUI Officer :: DUI Books :: Audio Lectures :: DUI Nationally :: DUI Firms This site is hosted and maintained by: Law.Net ® Return to Top © 1998 Lawrence Taylor :: All Rights Reserved

DUI Laws | DWILaws

DWI DUI OWI OUI Driving in England DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment England DWI DUI OWI OUI Information Summaries of DUI Law DWI Law for England What to Do On DUI Court DWI Court First Appearance What to Wear to DUI Court DWI COurt Being Early for DUI Court and DWI Court Directory of DUI Courthouses and DWI Courthouses in England Directory of Motor Vehicle Offices BAC Instruments used in DUI Court and DWI Court Cases DUI and DWI Breath and Blood Collection Standards and Departments Responsible DUI and DWI Legislation in England Substantive DUI/DWI/Excess Alcohol Offense DUI DWI Refusal Offense/Presumption DUI DWI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI DWI Penalties Suspension on Conviction, Prohibition DUI DWI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DWI DUI Reciprocal DUI DWI Agreements Constitutional Rights in DUI DWI Cases Other Criminal Non-DUI Non-DWI Legislation DUI Attorneys DWI Attorneys - Lists by County in England List of DUI Attorneys DWI Attorneys and Practice Descriptions Avocats DUI,DWI, droit criminel Adwokaci DUI,DWI, prawo kryminalne List of DUI Forensic Experts, DWI Forensic Experts and Practice Descriptions State/Province DUI DWI Data and Links to DUI DWI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI DWI and Criminal Defense Character Reference Letters Articles and Writings England DUI Attorney DWI Attorney Articles and Writings England DUI Lawyer DWI Lawyer Articles and Writings England Drunk Driving Attorney Articles and Writings England Drunk Driving Lawyer Articles and Writings AddDL Lawyers and DUI Information in England Cities and Towns Sponsored by: No records returned. 1917 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.