Posted on behalf of Henness & Haight on Oct 29, 2015 in Car Accident News
Any time you are involved in a car accident it's a scary and frustrating time. When the accident is caused by someone under the influence of alcohol, it's even worse. Here's a look at Nevada's drunk driving laws and an overview of how you can get the help and compensation you deserve in the event of an accident.
Driving under the influence, or DUI, is against the law all across the United States. It is a severe crime that results in thousands of injuries and deaths every year, and carries very harsh penalties and repercussions. Many people don't realize that DUI doesn't just apply to alcohol and illicit substances, but to legitimate medications when they are not properly used or when they impair driving ability.
When it comes to alcohol and driving, the two never mix. Nevada drunk driving laws state that if a person under 21 years old has a BAC of .02%, they are considered impaired. Likewise, those who hold commercial driver's licenses are impaired with a BAC of .04%, and anyone else who has a BAC of .08% is considered legally unfit to drive.
These limits apply only to alcohol in the blood. If tests reveal any amount of an illegal drug, impaired driving laws attach and the driver is subject to serious penalties, which can often be worse than those for alcohol-impaired driving.
The Illegal Per Se Law means that any time you drive with a BAC equal to or above the legal limit, you're committing an offense. You can also be cited for lower amounts of alcohol in your system if it is affecting your driving, since BAC limits are considered a guideline, not a hard rule.
Implied consent means that whenever an officer requests a BAC test, the driver must submit to the test. Just getting into a car after drinking or using drugs automatically implies that the driver agrees to such testing. Resistance permits the officer to use reasonable force to apply the test, or to place the driver under arrest. The punishments for refusing a chemical test can be just as severe, if not more so, than a DUI charge.
In Nevada, it is illegal to operate a vehicle if there is an open container with an alcoholic beverage anywhere within the vehicle. The only exceptions are for vehicles like motor homes and RVs that keep beverages in the living areas, or in the passenger spaces of taxis, limos and buses.
Penalties for breaking Nevada's drunk driving laws are severe and range from administrative penalties, like losing your license, to fines and jail time. If you or a loved one has been in an accident caused by a drunk driver, don't be bullied into letting it go. Make sure you secure the services of a qualified Nevada personal injury attorney to be sure that you are compensated for your recovery and rehabilitation, that you get back on your feet and that you don't suffer financial losses from wages, lost opportunities or lost relationships.