Las Vegas DUI Attorney Explains DUI Breath Tests
According to a Las Vegas DUI attorney, “Driving Under the Influence” (DUI) is serious action that someone commits. As per Las Vegas DUI attorney, committing DUI these drivers put a great risk to themselves and the safety of other people (motorists and pedestrians alike) ending in the most unimaginable results anyone can think of. Some people asks why these tests are necessary for DUI charges.
While the law are implemented everywhere, drunk driving laws in Nevada are considered one of the “most extreme” when it comes to tolerance. A Las Vegas DUI attorney explains one of the tests performed for DUI.
According to the Las Vegas DUI attorney, BAC (Blood alcohol content) is the unit of measure to check the driver’s level of alcohol in his or her bloodstream. A driver’s BAC reading of 0.08 the least, is considered legally intoxicated and can therefore be arrested for DUI and this has no regards to whether the driver is capable of driving properly at the timethey were pulled over. Las Vegas DUI attorney also said that an underage person can be arrested for a BAC reading of 0.02 due to the fact that under the law, a person is prohibited to purchase alcohol if under 21. For commercial drivers (a tow truck or a delivery driver – to set an example), might not be under the influence while driving and this is set to 0% tolerance.
A Las Vegas DUI attorney explains several important factors about DUI breath tests:
- All motorists must comply with a breath test when requested by the authority. The driver can refuse and opt to have his blood tested for alcohol instead but, this can lead to arrest.
- Sentencing guidelines vary according to the person’s history of DUI such as a 90 days suspension of license, jail sentence of up to 6 months for FIRST TIME OFFENDERS which may also include community service, treatment for alcoholism and/or attendance to a DUI school on some particular cases.
- For SECOND OFFENDERS within a 7 year stretch, punishment will include a license suspension for 1 year and 750 dollars on a minimum fine. A Las Vegas DUI attorney stated that the vehicle could be impounded and a jail term of at least 10 days may also be a part of the sentence.
- THIRD OFFENDERS of DUI within a 7 year stretch may get the maximum sentence which includes 5,000 dollars fine, suspension of license for 3 years and a prison sentence of 6 years.
According to a Las Vegas DUI attorney, there are 2 separate breath tests which are:
1. Preliminary breath test (PBT)
Upon being hailed by the police, they will ask some questions that you need to answer. A field sobriety test will follow and you have to submit to PBT to give the impression whether or not you are under the influence. PBT is also called a roadside breath test. Having the right to refuse; however, Las Vegas DUI attorney said that your license to drive will be suspended and you can be arrested for “reasonable grounds”. Refusal to undergo a PBThowever, cannot be used to determine for the records that you are driving under the influence.
2. Evidentiary breath test (EBT)
Failing the PBT, the driver would be requested to be taken to the police station and then will have to submit to Evidentiary Breath Test (EBT). EBT is the higher ended and more reliable test than the PBT. The results of EBTcould be used against the offender, in court when proven positive for DUI.
If proven positive for DUI, the next and most logical step you have to take is to call for a Las Vegas DUI attorney. They are the authorities who know the DUI laws of state and the only authorised persons you can count on to contest for the best possible option in the court.
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