BAC, or blood alcohol content, is the standard used by law enforcement to determine intoxication. Typically the legal limit is .08, but some areas may have .05 as the limit or may even have a zero tolerance policy. While the only truly safe way to avoid problems with BAC and driving is to avoid drinking entirely before getting behind the wheel, Connor & Connor of Nevada understands the reality of trying to enjoy a night out and balancing fun with safety. Below is a handy guide to controlling blood alcohol content and understanding how alcohol can affect you.

Demographics Matter with Blood Alcohol Content

It is a scientific fact that men and women process alcohol differently. Research indicates that this may be for a number of reasons, such as different levels of digestive enzymes or lower concentrations of water. Whatever the reason, it is understood that women become intoxicated more quickly, even at the same weight and with the same amount of drinks. Weight is an important factor as well, however, and bigger people will take longer to become intoxicated regardless of gender.

Genetics also play a role, and some people are just naturally better at processing alcohol than others. Even so, no one is able to drive safely when intoxicated, and the persistent myth that some people are better drunk drivers than others leads to critical and life-threatening mistakes. This natural ability changes with age as well. Most older people find themselves unable to handle as much alcohol as they could in their youth, even if they were notoriously heavy drinkers.

Controlling Your BAC

There are many misconceptions about methods to help you “sober up,” from coffee to bread to cold showers and more. While it is true that alcohol absorbs less quickly in a stomach full of fatty or protein-rich foods, the only way to get rid of it once it’s in your bloodstream is to wait. No amount of coffee or cold water can speed up this process. Only your liver can metabolize alcohol.

If you understand that you have to drive after dinner or a party, pacing yourself is important. While your friends or other party-goers may mean well in trying to get you to drink more, this peer pressure can result in injury or death later on. To counteract this, try to make your drinks last longer. It typically takes 45 minutes to process one drink, so waiting about that long between alcoholic beverages will help keep your BAC low or even let it reach zero. In the meantime, drink juice or soda by itself to create the illusion that you’re participating, but without putting yourself in danger.

Legal Defense and Counsel

Connor & Connor serves Nevada residents. Nevada is no stranger to DUIs or alcoholism, and the resulting accidents can create messy, lengthy legal ordeals. If you need representation or advice, contact 702-750-9139.

 

DUI-MARIJUANA and PROHIBITED SUBSTANCES

Under Nevada law one can be charged with a DUI that does not involve alcohol.  If a person cannot safely drive or assert actual physical control of a vehicle due to the use of marijuana, prohibited/controlled substance, or other drugs or compounds then one can be charged with a DUI.  This can be done under impaired driving, which under the totality of the circumstances, the drug/substance rendered you incapable of driving safely or exercising actual physical control of the vehicle.

Prosecutors can also charge you with a DUI without proving you were incapable of driving safely by charging you with a per se violation.  If prosecution can prove you had a certain amount of active marijuana or marijuana metabolite in your system while driving, then they can establish a DUI prohibited substance per se violation.

  • A marijuana concentration of two nanograms per milliliter of blood or more is a per se violation.
  • A marijuana metabolite concentration of five nanograms per milliliter of blood or greater is a per se violation.

So the chances are that if you are taking medical marijuana you can trigger one of the per see limits and be convicted of a DUI if you were driving.

Your medical marijuana card is NOT a defense to a DUI and may lead to you getting a DUI the next time you are stopped if you are not careful.  See our Blog on how to handle a traffic stop.  Other prohibited substances that may trigger a per se violation are meth, cocaine and heroin and all have different levels of per se limits.

If you have a DUI charge and medical marijuana card contact our firm today to discuss what rights you have and possible defenses by calling

This is for informative purpose only and does not create an attorney-client relationship. Nevada law is constantly changing, seek legal counsel. If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

One of the main elements prosecutors have to prove in order to convict you of a DUI is that you were driving or had actual physical control of a vehicle.  See NRS 404C.110.  Recently, Nevada amended its DUI law with regards to actual physical control.  Assembly Bill 67 now provides a definition of when a person shall be deemed not to be in actual physical control of a vehicle.  Sec 9.5 of AB 67 amends Chapter 484C as follows:

Sec. 9.5. For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:

1. The person is asleep inside the vehicle;

2. The person is not in the driver’s seat of the vehicle;

3. The engine of the vehicle is not running;

4. The vehicle is lawfully parked; and

5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.

A common DUI stop that occurs is when the police pull up to a parked car with a subject asleep inside the vehicle.  Since this may not amount to actually driving a vehicle, it may amount to being in actual physical control of a vehicle depending on the totality of the facts.  Typically, law enforcement and the prosecutor look to see if you are behind the wheel, the engine or radio is on, if keys are in the ignition and the location of your vehicle.  What you admit is also critical.

It appears that the Nevada legislature is NOT saying all other circumstances amount to actual physical control of a vehicle, but actually saying that if the above facts are met, it does not amount to actual physical control.  Which may help your case greatly.

If you meet the above facts, this doesn’t mean a complete victory though, admissions to driving, witnesses to driving, police calls reporting you driving and any other facts may be used to prove you were in fact driving for the purposes of proving a DUI.

This is a good law though, many people may go somewhere and have too much to drink and decide to return to their car so they may sleep it off.  However, one has to be careful because he or she may be in actual physical control of their vehicle if they do so.  If one returns to their car to sleep it off he or she should ensure the above requirements are met.  It may be tempting to turn on the vehicle and turn on the AC, but this would amount to being in actual physical control and put you at risk of a DUI.

Section 9.2 is now effective.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.