Competent & Professional DUI Defense You cannot afford to risk losing your freedom and legal rights.

It's All a Numbers Racket!

Many motorists are of the mistaken belief that DUI laws are “Drunk Driving” laws, which make it illegal for intoxicated drivers to operate vehicles. As a Nevada DUI defense lawyer, I can assure you that nothing could be farther from the truth. Many years ago, the American Medical Association was asked to supply a Blood Alcohol Concentration (BAC) value that would be consistent with impaired driving. The value the AMA came up with was 0.15 grams of alcohol per 100 milliliters of blood. States, including Nevada, adopted this standard.

Over time, the per se value was lowered due to lobbying from victims’ rights groups, like Mothers Against Drunk Driving (MADD), and also due to a very negative public perception of drunk drivers. The value was decreased to 0.10 g/100 mL, and then down to 0.08 g/100 mL, the current value. When the illegal per se value was decreased from 0.15 down to 0.10, the decrease in highway deaths and injuries was striking. The last decrease, which took place in 2003 to the current level of 0.08, did not result in such a dramatic drop in injuries or deaths. Why not?

As a DUI defense lawyer, I believe that we have reached a point of diminishing returns because the current per se level of 0.08 doesn’t correspond to a consistently measurable level of impairment. Some people are impaired at a 0.08; some people are not. Yet, the law makes no distinction between the impaired driver and the driver who is merely “over the limit.” In other words, it makes no difference if you are drunk or not if you breath or blood test reveals an elevated BAC.

Some facts:
1. It is LEGAL in Nevada to drive a vehicle after drinking alcohol. Otherwise, what is the purpose of a parking lot outside a bar? It is only illegal if you are under the influence of alcohol, or if your BAC level is over the per se limit.
2. Your sobriety is rarely being evaluated by officers who make arrests. What the police are doing is seeing if you are unable to pass Field Tests, which do not themselves indicate intoxication but rather tend to predict an elevated BAC level.
3. Even if you are physically able to safely operate a motor vehicle with a 0.08 BAC, you are driving illegally if you do so.
4. You are not competent to testify to what you think your BAC was at the time of operating a motor vehicle.
5. Your complete lack of impairment is never a defense to a per se charge of DUI.