Nevada’s DUI Two-Hour Rule: What You Need to Know
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In Nevada, the Two-Hour Rule is a law that states that if your Blood Alcohol Content (BAC) was over the legal limit within two hours of driving, you can be arrested and charged with DUI.
To better understand this rule and its implications on those accused of DUI in Nevada, let’s explore what the Two-Hour Rule entails as well as other interpretations of it and common questions people have about it.
Recap of DUI Laws in Nevada
Under Nevada law, it is illegal to drive with a BAC of 0.08 or higher for most adults. This limit is different for underage drivers as well as commercial drivers.
It is also illegal to drive while under the influence of drugs or other controlled substances. If you are pulled over and your BAC exceeds this legal limit, or your blood/urine tests show above the prescribed limits, you can be arrested and charged with DUI.
However, another aspect of Nevada’s DUI laws is often missed. This is the two-hour rule which states that if your BAC was over the legal limit within two hours of driving, you could be arrested and charged with DUI. This means that even if your BAC has since dropped below the legal limit, you could still be held responsible for DUI.
It can also mean even if you got home safely after driving, you can still be charged with DUI.
Where Does the 2-Hour Rule Come From
The two-hour rule came from NRS 484C.110. It reads:
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,
While most people overlook this part of the law, it can be used as evidence to support a DUI charge.
Does That Mean I Can Be Charged with DUI After I’ve Made It Home Safely?
Yes, you can. Take a look at Sam’s story below:
Sam had a long day and wanted to relax by going out to the strip. He decided to hit up a few bars and have drinks with friends. After having quite a bit to drink, Sam felt like he was no longer fit to drive. His friends offered him a ride home, but Sam insisted on driving himself home instead.
Same made it home safe and sound, but little did he know someone tailed him because of his erratic driving and reported him for driving under the influence. When the police arrived, they administered a breathalyzer test and found that his BAC was above the legal limit. Even though he had made it home safely, Sam was arrested and charged with DUI because of Nevada’s two-hour rule.
While the likelihood of this happening is small, it is still important to keep in mind that if your BAC was over the legal limit within two hours of driving, you can be charged with DUI.
Isn’t This 2-Hour Rule Unfair?
On one hand, the two-hour rule can seem unfair. After all, you’re already safe at home and it may seem like piling on more charges when you don’t pose a threat to anyone.
However, the main purpose of this law is to promote safety on the roads and discourage driving under the influence. By having stricter laws, it can convince drivers to think twice about getting behind the wheel after drinking.
While it may seem unfair, this law is in place for a reason and is intended to protect everyone on the road from drunk drivers.
Other Interpretations of the Rule
Another interpretation of the two-rule rule relates to the timing of testing of their blood alcohol content (BAC) level.
If a person is tested more than two hours after driving or being in actual physical control of the vehicle, the results are generally not admissible in court. This means that if you were pulled over and arrested for DUI but had your BAC measured more than two hours later, it couldn’t be used as evidence against you.
For any arrest, the officers need to follow specific protocols or procedures. Neglecting to do so can result in the evidence being excluded.
When it comes to DUI arrests, there are multiple steps the arresting officer needs to go through. For example, before the police can arrest you, they need to have probable cause. In order to have probable cause, they’ll need to conduct certain tests, such as a preliminary breathalyzer test or field sobriety tests.
Once they have probable cause, they need to read you your Miranda rights. They’d transport you to the nearest jail where they’ll conduct a more thorough test to measure your BAC. This is more commonly known as the evidentiary test. In order for this evidence to be admissible in court, it needs to be conducted within two hours of the incident.
Nevada law states that all these things need to happen within two hours of you driving or in physical control of the vehicle. If by the time you get to jail, more than two hours have passed since you drove, the evidence of your BAC can be thrown out in court.
Arrested for DUI? Hire The Defenders
If you or someone you know has been arrested for driving under the influence, it is important to contact an attorney as soon as possible. The attorneys at The Defenders are experienced in DUI cases and can help build your defense. Our legal team will fight tirelessly to protect your rights and get the best outcome possible.
Whether this was your first DUI offense or you have a complicated situation, The Defenders have the knowledge and resources necessary to protect your rights and get you the best outcome possible. Don’t wait – contact us today.
Frequently Asked Questions
What is the two-hour DUI rule in Nevada?
The two-hour rule, or “two-hour limitation”, states that a person can be arrested for DUI if their blood alcohol content (BAC) was over the legal limit within two hours of driving or being in actual physical control of a vehicle.
What happens if I was tested more than two hours after driving?
If the test to measure your BAC was conducted more than two hours after you were arrested for DUI, the results generally won’t be admissible in court and can’t be used as evidence against you.
Why is this rule in place?
The two-hour rule is in place to discourage drunk driving and promote safety on the roads. It’s meant to give people time to sober up before getting behind the wheel (not after), hopefully convincing them not to drive after drinking.
What should I do if I have been arrested for DUI?
If you or someone you know has been arrested for DUI, it is important to contact an attorney as soon as possible. An experienced attorney can help build your defense and protect your rights. The Defenders are ready to take your case and fight tirelessly on your behalf. Contact us today.