Driving Under the Influence - Violations
A person may violate the DUI laws in several possible ways:
NRS 484C.110(1): Driving or being in actual physical control of a motor vehicle:
- While under the influence of alcohol; or
- With an alcohol concentration of .08 or above (0.04 percent for commercial licensees) - Illegal Per Se; or
- Having a .08 or above (0.04 percent for commercial licensees) within two hours of driving or being in physical control (it is an affirmative defense if the defendant shows he drank after he drove).
NRS 484C.110(2): Driving or being in actual physical control of a motor vehicle while under the influence of a controlled substance or the combined influence of alcohol and a controlled substance (requires determination by Drug Recognition Expert (DRE)).
NRS 484C.110(3): Driving or being in actual physical control of a motor vehicle with a certain concentration of a prohibited substance in the blood/urine:
- No proof of impairment required.
- Limited to prohibited substances listed in statute (illegal drugs).
NRS 484C.430: DUI proximately causing death or substantial bodily harm (discussed further below).
The Nevada Supreme Court has set forth criteria for determining whether a person is in “actual physical control” of a vehicle. See Isom v. State, 105 Nev. 230, 773 P.2d 1226 (1989); Rogers v. State, 105 Nev. 391, 773 P.2d 543 (1989). The Nevada Supreme Court has defined “under the influence” to mean a person has ingested a substance to a degree that renders him incapable driving or exercising actual physical control. See Cotter v. State, 103 Nev. 303, 738 P.2d 506 (1987).