DUI offenses are probably the most common criminal offenses in Las Vegas. We can trace that to two different reasons. First, because there are special units of officers actively pursuing DUI offenders. There are DUI patrols, but there are no robbery patrols. Secondly, DUI offenders are not totally drunk. They feel that they still can drive like a sober person. But this is not an excuse for drinking and driving. DUIs are very common and unless you get help from a Las Vegas ticket lawyer, you are going to suffer the consequences of going against Vegas DUI laws.
Per Se Intoxication
If you drive, you need to remember that it does not matter how sober you feel or behave, if your BAC concentration is .08% or higher, you are going against the law. In case you are flagged down by a police officer, and your blood alcohol content (BAC) is found to be higher than the limit, you can be charged with DUI without additional evidence or on-scene sobriety tests.
However, the DUI Illegal Per Se Law is not totally conclusive. You can still dispute the case by challenging the validity of test results and the reliability of the machines and procedures used. A ticket lawyer in Las Vegas can legally defend you against any criminal DUI case.
The Implied Consent Law
Without a breathalyzer test result, you will have more leverage against a DUI case. However, refusing to be subjected to the test is punishable by law. When you applied for your driver’s license, you gave your consent to sobriety tests and chemical tests when an officer suspects you to be driving under the influence. That’s why when you refuse to take the test, you are risking penalties such as license suspension for a minimum of 1 year.
Further penalties for breathalyzer refusal differ by state, but most of them impose the automatic 6- to 12- month driver’s license suspension. If you have been convicted of DUI, your penalty may include jail time or longer license suspension. Car insurance companies may also cancel your policy. Once you are found guilty of the crime and records show you refused the breathalyzer test, your penalties could also increase.
The Open Container Law
Nevada is one of the 40 states that conform to the Transportation Equity Act for the 21st Century. The Act outlines the standards of an Open Container law. It forbids the presence of open containers of alcoholic beverages inside vehicles. If an open container is found within reach of the driver, he may be cited for open container violation. If a passenger is in possession of an open container, both the passenger and the driver may be cited for a violation. BAC is irrelevant in any case of open container violation.