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Mace J. Yampolsky, Ltd.

It would be considered a DUI if the person was driving, meaning they were in actual physical control of a vehicle when their blood alcohol was 0.08 or more, or if they had any prohibited controlled substances in their blood.

They could also be convicted of a DUI if they were driving under the influence of alcohol to any degree, however slight, if it rendered them incapable of driving safely. This means people could be convicted of a DUI even if their blood alcohol level was lower than a 0.08.

The blood alcohol test results would be inadmissible if the test was taken two hours after the person had been driving, although it appears that the state gets two bites of the apple. In addition to the criminal case, there is a DMV hearing. The administrative law judge (ALJ) decides whether there is “Clear and Convincing evidence” that you were driving under the influence of alcohol or drugs. This is a lesser standard of proof beyond a reasonable doubt that is used in a criminal case. The DMV does not care about the 2-hour rule. So you could resolve your DUI case as a non-DUI disposition and STILL lose your license for 90 days based on the ruling of the ALJ.

Prescription Drug DUI In Nevada

Another thing people do not realize is that they could be under the influence of a prescription drug even if they had a valid prescription. Many legally prescribed drugs can affect a person’s perception. However, if there are no other drugs or alcohol in your system, and the prescription drug is in the therapeutic range, we are usually able to resolve your case so it is not a DUI.

Unfortunately, sometimes the person might have consumed much more than prescribed. For example, around 200mg of Hydrocodone, which is five times the limit prescribed per day so this would not rebut the presumption that the person was under the influence. Sometimes the prosecutors would be more flexible even if the person was over the prescribed limit of medication, than if they were under the influence of marijuana, cocaine, heroin or something like that.

DUI Involving Death

DUI involving death or substantial bodily harm (SBH) is a felony. The penalty is 2 to 20 years in the Nevada State Prison. The sentence is non-probationable. If you are convicted of DUI with death or SBH, you will go to prison. If you were in an auto accident and killed someone, or injured someone really badly so they had to go to the hospital or there was a broken bone and you have alcohol in your system, you will be charged with DUI with death or SBH.

With so much at stake, be sure that you have an experienced attorney who can help to protect your interests and preserve your rights. At Mace Law, I offer my clients more than 30 years of experience. I know the law, and I know what it takes to build a powerful defense on your behalf. Click to read DUI FAQs.

Mace J. Yampolsky, Ltd.

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(702) 843-0939

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