Resources - DUI FAQS

DUI FAQs:
Please see our frequently asked questions related to DUI below.

(1) What do I do if I am pulled over for a DUI in Nevada?: First, always be polite to the police officer EVEN IF the officer is rude and disrespectful toward you. The officer will use his position of power and attitude in an attempt to try to get you to make statements to use in court to convict you of a DUI. Don't do their work for them...more

(2) Do you have to be "drunk" to be guilty of drunk driving?: No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years public outcry against the toll of injury and death that drinking drivers inflict has changed the laws against drunk driving radically and made them much more severe...more

(3) What Happens To First Time Offenders in Nevada?: The first DUI offense is a misdemeanor punishable by up to six months in jail, a $1,000 fine, mandatory DUI School and...more

(4) Legally, just what is "drunk driving?": A drunk driving offense, sometimes called driving while intoxicated DWI or driving under the influence DUI, really has three general meanings...more

(5) How much alcohol do I need to drink to have a blood alcohol content of .08 or higher?: Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To calculate your blood alcohol content based upon having normal drinks such as a 12 oz. beer, a 4 ounce glass of wine, or a single mixed drink containing a one ounce shot of 100 proof liquor, the following rule of thumb is an illustration...more

(6) What kind of reason does a police officer or highway patrolman need to have in order to stop me to investigate whether or not I am driving under the influence?: The officer must have what is legally termed a "reasonable suspicion," based on something unusual that is actually observed about the way a person is driving. This is a very low standard and it can be satisfied by virtually anything which appears out of the ordinary and that might be a sign of a driver being under the influence...more

(7) What happens to me if I am pulled over by the police or the highway patrol for investigation of drunk driving?: If you are stopped, always be courteous and cooperative with the officer even if you are 100% free of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual...more

(8) What will happen if the officer who pulls me over suspects that I have been driving under the influence?: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and they include...more

(9) What happens if the officer believes that I have not performed the field sobriety tests satisfactorily?: At that point you will be told that you are under arrest for driving under the influence. You will be hand cuffed, searched for weapons, placed in the back of the officer's car and taken to a jail for further tests. At the jail you will also be booked and...more

(10) What is a blood alcohol test?: This is a physical procedure to determine how much alcohol you actually have in your system. There are three ways of doing this test...more

(11) What should I know in order to make an intelligent choice about which blood alcohol test I should take?: As mentioned above, from the standpoint of the police and prosecution they will always prefer to have the more accurate sample of your actual blood to use against you as evidence in court. The least accurate and least reliable test is...more

(12) What are the penalties for driving while under the influence?: Drunk driving penalties have become very severe in the past few years. For a first offense, the maximum possible penalties the court could impose are...more

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The State Bar of Nevada does not certify any lawyer as a specialist or expert. Sprenz & Associates provides this Web site for informational purposes only. It should not be construed as creating an attorney-client relationship and should not substitute for legal advice and counseling. While we hope you find the information contained in this site helpful, this Web site is general in nature and is meant to pertain to the laws of the State of Nevada. While the Internet crosses State and National boundaries, this site is for informational purposes only and does not constitute the practice of law in Nevada or in any other State. Do not rely on the information in this site in lieu of consulting an attorney, because it is not legal advice. Communication through e-mail or this site does not create an attorney-client relationship.