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What does “DUI” mean?
A person can violate the DUI (driving under the influence) law in three ways: 1) by driving while under the influence
of alcohol or drugs (whether prescription drugs or illegal drugs); 2) by driving with .080 or more blood alcohol level:
3) providing a breath or blood sample within two hours of driving which shows a .080 or more blood alcohol level.
It is a defense to #3 if a person shows that he/she drank after driving.
What if there is less than .080 percent alcohol concentration?
A person with a blood alcohol level under .080 may be convicted of driving under the influence if it can be shown
he or she was driving while influenced by alcohol, “to a degree which renders him/her incapable of safely driving or
being in actual physical control.”
What are field sobriety tests?
Field sobriety tests are conducted to test the coordination and concentration abilities of the DUI suspect. A person
is not legally required to submit to field sobriety tests.
How is the DUI suspect tested for alcohol level?
If a person is suspected of driving under the influence of alcohol,
two tests are available: breathalyzer or blood. If a person is sus-
pected of driving under the influence of drugs, two tests are avail-
able: blood or urine, in addition to the breath test.
Do you have to consent to the tests?
Nevada law says that a DUI suspect must choose between tests if
asked to take one by a police officer having reasonable grounds to
believe that he or she is under the influence. If the DUI suspect
refuses to take a test, an officer may use reasonable force to ob-
tain a blood sample from the suspect.
What if the person is not driving the car but is asleep
in the car when an officer arrives?
It is illegal to be in actual physical control of a car while under the influence of alcohol or drugs. Many factors de-
termine whether a person is in actual physical control, but some common ones are that the person is behind the
wheel, has the keys