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Elements of a DUI Offense in Nevada

The prosecutor of a DUI case must prove every element beyond a reasonable doubt in order to convict a defendant.

Prosecutors can prove a Nevada DUI in several ways:

  • By demonstrating that the defendant was driving in an unsafe manner as a result of driving under the influence or drugs or alcohol. Police officers will often take into account the following symptoms: the defendant’s breath smells of alcohol, defendant’s speech is slurred, defendant’s clothes are disheveled, uncombed hair, defendant’s eyes are red or bloodshot, defendants face is flushed. This can also be demonstrated by the results of the chemical test (or the refusal to submit to the test).
  • By demonstrating that the accused individual was driving a vehicle while under the influence of alcohol or other drugs in violation of the per se legal limit (0.08% or greater). The prosecutor has the burden of proving that the test was administered correctly, the results were valid, and that the defendant was driving within 2 hours of the tests’ administration.
  • By demonstrating that the individual was driving with prohibited substances in the bloodstream. Apart from a medical prescription, driving with a certain level of the following substances can invoke the per se law: amphetamine, cocaine or bezoylecognine, heroin, morphine, LCD, marijuana, methamphetamine, and phencyclidine.

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