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Can I Be Charged with a North Las Vegas, Nevada DUI After I’ve Made It Home Safely?

Posted by Neil Shouse | Apr 01, 2016 | 0 Comments

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If you get behind the wheel drunk in North Las Vegas, Nevada you are no doubt hoping you make it to your destination without an accident or without being pulled over by the police. When you get to where you're going, get out of your car, and head inside, you may feel as if you've crossed the finish line and you can no longer be charged with DUI.

You'd be wrong.

While it may be more difficult for police or prosecutors to convict you on DUI charges after the fact, they can in fact do so. The elements that must be proven for a DUI conviction do not change whether you are pulled over while driving or confronted by police after you've got to where you were going.

In order to obtain a conviction for DUI under NRS 484C.110, prosecutors must prove that the accused drove or was in actual physical control of a vehicle on a highway or premises to which the public has access and that he or she:

  • was under the influence of intoxicating liquor;
  • had a concentration of alcohol of 0.08 or more in his or her blood or breath; or
  • was found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,

Let's say, for example, another driver or other witness saw you driving erratically, followed you to your destination, and reported you to the police. The police then show up an hour later, identify you as the driver the witness saw, and ask that you take a blood or chemical test.

If you test .08 or higher, even while standing in a living room or sitting in a restaurant, you can be arrested and charged with DUI right then and there, even if the officer never observed you driving or in your car.

You know you should never drink and drive in North Las Vegas or anywhere. But you also need to know that making it home safely does not mean you are safe from a Las Vegas DUI charge and conviction. If you've been charged with a North Las Vegas DUI, please call one of our experienced North Las Vegas DUI lawyers today to discuss your case.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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