Driving under the influence (DUI) laws in Nevada make it illegal to have a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving. This is known as the Nevada two-hour DUI rule. If your BAC is found to be over the legal limit within two hours of being in physical control of a vehicle, you can be arrested in Las Vegas and charged with DUI.
Why is the two-hour DUI rule important, and how can it affect people who are arrested for driving under the influence of alcohol? Our experienced Las Vegas DUI lawyers explain everything you need to know about Nevada’s two-hour DUI rule.
Are There Time Limits for Measuring Blood Alcohol Content in Nevada?
Because Nevada DUI laws explicitly state drivers cannot be over the legal BAC limit within two hours of driving, evidentiary testing must take place within those two hours. For that to occur, several things need to happen within that timeframe, including:
- Being pulled over for suspicion of DUI
- Preliminary tests, such as a breathalyzer or field sobriety test
- Establishing probable cause for arrest
- Making the DUI arrest and reading the Miranda rights
- Taking the arrested person to jail
- Conducting an evidentiary test to measure your BAC
Although breath or blood tests are used to determine blood alcohol concentration, blood tests are considered more accurate and reliable. After being arrested, the person’s blood is typically drawn at the police station by a licensed phlebotomist.
RELATED: What To Do If You Are Pulled Over for a DUI in Las Vegas
What Happens If the DUI Blood Test Is Taken After Two Hours of Driving?
If more than two hours have passed since you were driving and you are having your blood drawn to test your BAC, it is possible that the results will not be admissible in court. Here is why.
Rising Blood Alcohol
A person’s blood alcohol concentration can continue to rise for several hours after having their last drink. Rising BAC happens because it takes time for the body to absorb and metabolize alcohol.
Studies also show that the rate of alcohol absorption and the amount of alcohol in the blood is also affected by other factors, including:
- The type of alcoholic beverage consumed
- The amount of alcohol consumed
- If alcohol was consumed on an empty stomach or with food
- The kind of food the person ate
- Gender
- Body weight
Food can slow the absorption of alcohol, so it takes longer to enter your bloodstream and circulate through the body. Additionally, women tend to reach a peak BAC more quickly than men because they generally have more fat and lower blood volume.
Due to these varying factors, it is possible for a person to be within the legal limit at the time they were driving, but to be above the allowed BAC when their blood is drawn hours later. If the blood test was conducted more than two hours after the person was in control of the vehicle, it could be enough to create a reasonable doubt that the person was impaired while driving.
Delayed BAC Test Results Are Less Relevant
Because the blood was not tested within the two hours clearly stated in Nevada’s DUI law, that evidence may be thrown out in court. It will possibly be seen as irrelevant because it does not follow the law’s two-hour DUI rule and might not be used against you.
However, there is a chance that delayed BAC results will still be used as evidence. If this happens, it will not be as compelling as blood test results would be if they were obtained within the two-hour window.
Should I Refuse a Blood or Breath Test Within the Two Hours?
While it might be tempting to refuse evidentiary testing after being arrested for DUI in Las Vegas, that decision can do more harm than good. According to Nevada’s implied consent law, the act of driving on public roads in the state implies that you have already consented to a breath or blood test if suspected of DUI.
According to the law, refusing to be tested will result in:
- A warrant to use reasonable force to obtain a blood sample
- Driver’s license revocation of at least one year
- Possible evidence of guilt that can be used against the driver
Because the state will still force a BAC test if you refuse to do so willingly, cooperating may be in your best interest and keep you from losing your license. An experienced DUI lawyer can examine the evidence and help you build a strong defense.
Can I Still Win My Case If My BAC Was Tested Within Two Hours?
Yes, there are several defense strategies that can possibly reduce your charges or get your case fully dismissed, even with an illegal BAC taken within the two-hour window. Common DUI defenses that can work in your favor include:
- Showing a lack of probable cause to pull you over for DUI
- Challenging the accuracy of field sobriety tests
- Contesting the effectiveness of testing methods or materials
- Showing that test results could have been contaminated
- Establishing that rising BAC was possible
The prosecutor has the burden of proof to show that the driver was impaired by alcohol beyond a reasonable doubt. If you can use these defenses to create holes in their evidence and put into question whether your BAC test results are accurate, there is a chance they will drop the charges.
RELATED: Lack of Probable Cause Examples for a DUI Stop or Arrest
Speak With a Skilled Las Vegas DUI Attorney Today
If you were arrested for DUI in Las Vegas, it is crucial that you work with a legal team that knows how to defend your rights and fight for justice. At DUI Lawyers of Las Vegas, we have the knowledge, resources, and determination to protect your future with a solid defense that uncovers the truth.
Our extensive trial experience means we know what steps to take to challenge the prosecution and hold the government accountable. Contact our Las Vegas attorneys to schedule a free consultation with our DUI attorneys in Las Vegas and learn how we can help with your case.