Tuesday, December 11, 2018

Blood Alcohol Concentration and DUI Arrests in Nevada

In DUI cases, blood alcohol concentration (BAC) is often the deciding factor which can lead to an arrest. BAC levels are not always apparent and can only be determined through a series of tests, like breathalyzer exams or blood and urine tests. In Nevada, BAC limits are set at 0.02% for drivers below 21 years, 0.04% for commercial drivers, and 0.08% for everybody else.

While alcohol in the bloodstream has a direct influence on a person's BAC, there are many factors that can affect its value. Some may not be directly related to alcohol, but rather to the act of alcohol consumption instead. These factors include the following:

  • Different body types react to alcohol consumption in varying ways.
  • Age can determine whether a person gets drunk faster or slower.
  • Gender differences are present, although some exceptions will abound.
  • How a person drinks and how fast they consume their alcohol should be considered.
  • A lack of food can lead to earlier intoxication.
  • Drinking while taking medications can exacerbate the negative effects of both substances.
  • Emotional issues can affect how a body absorbs alcohol.
Taking these factors into account, one can still be arrested for DUI in Las Vegas because of mistakes committed during the arrest. A number of common defenses employed against a DUI charge here include:

  • the accused was entrapped
  • the breathalyzer test was performed improperly
  • accused was improperly flagged down
  • accused was intoxicated involuntarily
  • accused was driving drunk but under duress/necessity
Knowing these factors and defense scenarios can spell the difference between a wrongful conviction and an acquittal for DUI.