Driving Under the Influence
Driving Under the Influence tests Nevada's per se limits, implied consent, and the penalties that follow an arrest. The exam expects you to know that impairment can be shown by driving behavior, not only by a breath number.
Limits and consent
Nevada's per se limit is 0.08 BAC for drivers 21 and older, 0.04 for commercial drivers, and 0.02 for drivers under 21. A driver can also be convicted for drugs or for impairment below the limit. Under implied consent, submitting to an evidentiary test is a condition of driving; refusal leads to a suspension.
First offense
A first DUI typically brings jail time or community service, a fine plus assessments, DUI school, a victim impact panel, and a 90-day license revocation. A restricted license may be possible after 45 days with an ignition interlock. An aggravated DUI, such as a high BAC, brings tougher penalties.
Worked example
A driver blows 0.09 BAC and says, I feel fine. That is still a per se DUI. Feeling sober is not a defense when the test result is at or above 0.08.
Traps that cost marks
Believing coffee, a cold shower, or food sobers you up; thinking refusal avoids punishment; assuming DUI means alcohol only; carrying an open container; forgetting that under-21 drivers face a 0.02 limit.