The legal limit for blood alcohol concentration (BAC) in Nevada varies for different categories of drivers. Commercial drivers are allowed only up to .04%, while regular adult drivers are allowed a BAC limit of 0.08%. Drivers under 21 years of age are allowed a BAC limit of 0.02%.
NOTE: You can still be charged with a DUI even if you are below these limits, as long as there is evidence that you are under the influence of drugs and/or alcohol.
People who are caught driving under the influence can choose between taking a breath test or a blood test to determine their BAC. A person is deemed to have consented to blood or breath tests if the officer has reasonable grounds to believe the driver is under the influence. A person may refuse to submit to a blood test if there are reasonable means to perform a breath test instead. However, if the Driver refuses both, the police officer will inform the driver that their license, permit, or privilege to drive will be revoked if they fail to submit to a test.
There are instances where police officers wrongfully arrest individuals for a DUI because of a miscalculated BAC. Factors that contribute to an incorrect BAC include:
- faulty testing equipment.
- medical conditions.
- rising blood alcohol
- Consuming alcohol after driving but before the blood or breath is tested
This article answers frequently asked questions about BAC and Nevada DUI law, including drugged and drunk driving, penalties for refusing to take a chemical test, and testing methods.
1. What is Blood Alcohol Content?
BAC, or blood alcohol content, is the quantity of alcohol present in a driver’s blood. This is also referred to as blood alcohol level or blood alcohol concentration.
2. The higher the amount of alcohol consumed, the greater the increase in a person’s BAC level. BAC is measured as the amount in grams of alcohol in 210 liters of breath or 100 milliliters of blood and expressed as a percentage. How Do Officers Measure Blood Alcohol Concentration?
Police officers will either conduct breath or blood tests to determine a driver’s blood alcohol content.
Breath Tests: An officer will ask the driver to breathe deeply into a breath machine. The machine then measures the amount of alcohol on the driver’s breath and that number is then used to estimate the level of alcohol in the blood.
Blood Tests: A blood test involves a blood sample being drawn at the police station or a lab. A trained lab technician then measures the percentage of alcohol in the blood. In Nevada, it takes several weeks to get the test results. While these are more accurate than breath tests, they are also more invasive.
Here are some of the factors that make breath or blood tests inaccurate:
Breath Tests:
- The breathalyzer uses mouth alcohol instead of deep lung air for calculations.
- Inconsistent breathing pattern during the test
- Outside interference to the breathalyzer’s circuits from RFI (radio frequency interference), temperatures
- Various medications, such as Salbutamol (brand names such as Ventolin, Aerolin, and ProAir), Salmeterol (used to treat asthma in inhalers), or budesonide (commonly found in allergy and asthma treatment medication)
- Various medical conditions
Blood Tests:
- Incorrect blood collection procedures
- inadequate storage
- blood contamination
- insufficient preservatives in the vial
- a delay in procuring the sample after the alleged DUI event.
- The technician who took the blood has an expired license.
Example
John opted to undergo a blood test following his arrest for DUI in Las Vegas. The results showed that his BAC was 0.15%. Upon investigating the case, John’s defense attorney discovered that the phlebotomist who drew the blood had allowed his license to expire a year ago. The Clark County District Attorney was informed of this and decided to decrease the DUI charge to reckless driving.
Based on the given example, it is highly probable that the BAC was indeed 0.15% despite the tester having a lapsed license. Although, if the case was taken to court, Ben could still be convicted of driving while intoxicated based on other evidence.
Despite this, the defense attorney utilized the phlebotomist’s error to Ben’s benefit. The attorney negotiated a positive outcome that reduced charges without the cost, time, and risk of going to trial.
However, it is important to note that having blood tested independently in DUI cases in Nevada may be feasible.
3. If a Person Has a BAC of 0.08%, Does it Necessarily Mean They are Intoxicated?
Many drivers can hold their alcohol well and still drive safely, even with high blood alcohol levels. However, driving with a 0.08% BAC or more is considered a crime under DUI law, regardless of whether the alcohol impairs the person.
It’s important to note that blood alcohol levels are influenced by various factors such as weight, gender, food intake, illness, medications, drinking duration, and alcohol type. Therefore, different people may show different results when consuming the same amount of alcohol.
Additionally, a person’s liver metabolism can cause their BAC to rise for up to two hours after they stop drinking, even if they are not drinking anymore.
This is known as “rising blood alcohol,” and it can lead to a higher breath or blood test result than the person’s actual level at the time they were driving. Therefore, a test result of 0.08% BAC or more does not necessarily indicate that the person had a higher BAC level when they were driving.
If a Person Has a BAC below 0.08%, Does it Mean They are Not Guilty of DUI?
Driving while impaired by alcohol is considered a crime regardless of the blood alcohol concentration of the Driver. In fact, you can be charged with DUI even if you have a BAC that is lower than 0.08%. Such cases usually involve individuals who do not drink often or have a small physical build.
Example
Jennifer was driving home after attending a charity luncheon at the Venetian. Despite not being a regular drinker and having a weight of only a hundred pounds, she had a glass of champagne. However, this caused her to get intoxicated faster than her friends. While driving, a cop from the Las Vegas Met Police Department saw that Jennifer’s car was swerving and unable to maintain a lane, so he pulled her over. Following field sobriety tests, the cop arrested her and took her to the Clark County Detention Center. A breath test was administered, which showed a 0.06% BAC only.
Jennifer could potentially face a DUI conviction in Nevada as the consumption of champagne impaired her driving abilities. So, despite her blood alcohol concentration being below 0.08%, driving while under the influence is still considered illegal in Nevada.
4. Should You Take a Blood or Breath Test if You Are Arrested for a DUI in Nevada?
There are advantages and disadvantages to each type of test:
| Pros of a Breath Test | Cons of a Breath Test |
| Non-invasive and painless | Less accurate than a blood test |
| Faster than blood tests because they provide immediate results | Independent labs cannot retest breath tests |
| Pros of a Blood Test | Cons of a Blood Test |
| More accurate than a breath test | Phlebotomist may have difficulty finding a vein, so it is painful |
| Independent laboratories can retest | Take longer to process than a breath test (several weeks) |
When individuals are arrested for DUI, there are differences in Driver’s license suspension penalties. If the arrestee takes a breath test, their license is confiscated immediately. However, if they take a blood test, the suspension does not begin until the results come back positive for DUI.
It is important to note that when a license is suspended, the Driver is given a temporary seven-day license and can contest the suspension at a Nevada DMV hearing.
The length of the suspension depends on the Driver’s prior DUI history. First-time offenders face a 185-day suspension, second-time offenders face a one-year suspension, and third-time offenders face a three-year suspension.
5. What if the Driver is impaired by Drugs Rather than Alcohol?
If a police officer believes that a driver is impaired by a controlled substance or any other drug, the driver is legally required to take a blood test. However, if the driver refuses, the officer can obtain a warrant to perform the test. The blood test will check for a range of narcotics and drugs rather than just their blood alcohol concentration.
Concentrations of Controlled Substances That Will Get You a DUI in Nevada
| Prohibited Substance | Urine (Nanograms per milliliter) | Blood (Nanograms per milliliter) |
| Amphetamine | 500 | 100 |
| Cocaine | 150 | 50 |
| Cocaine Metabolite | 150 | 50 |
| Heroin | 2,000 | 50 |
| Morphine | 2,000 | 50 |
| 6-monoacetyl morphine | 10 | 10 |
| Lysergic acid diethylamide | 25 | 10 |
| Methamphetamine | 500 | 100 |
| Phencyclidine | 25 | 10 |
| Marijuana | 2 | |
| Marijuana Metabolite | 5 |
6. Can You Refuse a Blood or Breath Test if you are Pulled Over for a DUI?
If the driver declines to take a blood or breath test, the police officer can seek a warrant from a judge to compel the driver to take a blood test. The Nevada Department of Motor Vehicles will also revoke the individual’s license for one year at least.
However, if the person had previously lost their license for declining to give an evidentiary test within the last seven years, the revocation period will extend to three years. Finally, if the case goes to trial, the prosecutor may use the driver’s refusal as evidence against them.