DUI "Per Se" BAC levels and Impairment

Driving under the influence (DUI) is a serious offense in Nevada, as it is in many states across the U.S. The consequences of a DUI can be severe, affecting not only your driving record but also your personal and professional life. Understanding the laws and penalties surrounding DUI in Nevada is crucial for anyone who drives in the state. It is even more imperative for law enforcement officers to understand the law in this area.

What Constitutes a DUI in Nevada?

In Nevada, a DUI occurs when a driver operates a vehicle while impaired by alcohol or drugs. Pursuant to NRS 484C.110, a person is deemed to be conclusively impaired (aka impaired "per se") when they have an alcohol concentration (BAC) of 0.08% or more while driving or within two hours of driving. This "per se" level" does not mean that it is legal to drive with a BAC less than 0.08%, however. Indeed, under the same statute, it is still a DUI if a person is impaired to a degree that renders him or her incapable of safety driving irrespective of the substance that is causing that impairment and irrespective of the amount of that substance in his or her system. This means that a person with a BAC of 0.06%, for example, can still be arrested and found guilty of a DUI in Nevada if they are impaired to a degree that renders them incapable of safely driving.

For holders of a Commercial Drivers License, under NRS 484C.120, the per se impairment level is only 0.04%, but this is only if the driver is operating a commercial vehicle. If the CDL holder is driving a personal vehicle, the per se level for a DUI is 0.08% BAC. If the CDL holder's personal vehicle is the same as their commercial vehicle, the per se level for a DUI is 0.04% BAC because the law does not make a distinction based on how the vehicle was being used at the time of the law enforcement encounter.

It is a common misunderstanding that drivers under the age of 18 or 21 are subject to a different BAC level for a DUI. That is not correct. The per se level for a DUI charge in Nevada is the same for a driver at any age -- 0.08% BAC -- unless the driver is a CDL holder driving a commercial vehicle as described above.

In sum, a law enforcement officer conducting a DUI investigation can feel confident that a driver with a BAC of over 0.08% is impaired. However, the same officer should not determine the driver was not impaired in a situation where the driver's BAC was under a 0.08% BAC. Impairment can be, and often is, present. If any driver is impaired by any substance, legal or not, to a degree that rendered them incapable of safely driving, that is violation of NRS 484C.110 and the officer should be making an arrest for DUI.