What Does Nevada’s 2-Hour DUI Rule Really Mean?

Nevada’s Driving Under the Influence (DUI) 2-Hour Rule allows police to test a driver’s blood alcohol concentration (BAC) within two hours of driving, even if the driver is no longer behind the wheel.

A driver’s BAC may continue rising after they’ve stopped drinking, so this law aims to capture accurate BAC readings within a critical window of time.

Knowing how this Rule works is crucial for all Nevada motorists. If police stop you on suspicion of DUI, cooperating with BAC testing protects your rights.

However, if charged, experienced criminal defense attorneys can leverage the intricacies of this Rule to build a strong case on your behalf.

What Science Says About Rising Blood Alcohol Levels

It’s important to understand how fast BAC rises within the body, which depends on factors like:

• Your gender and body weight.
• Whether you’ve eaten recently.
• The type and quantity of alcohol consumed.

After drinking alcohol, it passes through the stomach and small intestine into the bloodstream. Your BAC then rises gradually for 30 to 90 minutes or longer as the blood circulates alcohol throughout bodily tissues.

BAC tends to peak sooner in women than men. Food in your stomach also slows absorption into the blood. And the types and quantities of drinks impact how rapidly alcohol enters the blood.

Your BAC Increases Substantially After Last Call

Getting an accurate BAC reading is tricky. Say you drive home after moderate social drinking with a legal limit of .07 BAC. An hour later, the police pulled you over for swerving. By this point, your BAC has risen to .10, even though you stopped drinking after driving.

The allowable two-hour testing window better assesses your actual intoxication level behind the wheel. Drivers can’t evade DUI charges by claiming their BAC only rose after police stopped them.

What Does Nevada’s 2-Hour Rule Mean for Drivers?

All motorists stopped on DUI suspicion face two crucial implications under this Rule:

1. Police can test your BAC for up to two hours after you’ve stopped driving. So, even once you’re off the road and at home resting, you’re still legally obligated to comply with breath or blood testing required by police.
2. Your blood alcohol content may keep substantially rising after you’ve stopped drinking. Expect that officers will test your BAC a few times and in intervals after they stop you to document your actual intoxication level while driving.

In effect, the Rule gives police leeway to establish definite BAC readings that prove DUI driving on public roads. This latitude protects the public from motorists illegally operating vehicles while impaired.

Can I Refuse a BAC Test Under the 2-Hour Rule?

Nevada law levies stiff DUI penalties against drivers who refuse to take a breathalyzer test or blood test after getting stopped by police. Testing refusal triggers two meaningful consequences:

• Automatic one-year driver’s license suspension. The courts will revoke your license for twelve whole months after any DUI arrest where you decline testing.
• Prosecutors can use test refusal evidence against you in court. If your DUI case goes to trial, prosecutors can cite your testing refusal as an indication of your guilt and awareness of impairment when driving.

Effectively, you lose your license temporarily regardless of whether you provide breath or blood testing under the two-hour Rule. And test refusal allows the court to presume you were illegally over the limit when police stopped you.
Refusing to blow or give blood makes defending DUI charges far more difficult later on. Testing compliance protects your legal rights, even if BAC results show you were over the limits.

How Can Drivers Challenge a 2-Hour Rule DUI?

Skilled DUI defense lawyers know how to leverage Nevada’s 2-Hour Rule to build strong cases benefiting their clients.

Common strategies include:

• Questioning probable cause for the traffic stop. Police must establish clear probable cause that drunk driving occurred before pulling over motorists on public roads. Lack of probable cause can invalidate later BAC testing.
• Contesting accuracy or field sobriety test procedures used when applying BAC testing devices. Breathalyzers and blood testing facilities must follow stringent state requirements, ensuring equipment is reliable and immune from external contamination. Any deviation from official protocols can distort BAC results and undermine DUI charges.
• Asserting rising BAC defense. If you stopped drinking immediately after driving, it’s possible to argue that absorption effects after you exited the vehicle pushed your BAC illegally over the limit when tested by police later on.

Our criminal defense lawyers understand the complete science, protocols, and procedures involved in blood alcohol testing. This knowledge allows us to closely evaluate the merit of all evidence gathered under the 2-Hour Rule whenever our clients face DUI charges.

The Value of Retaining a Nevada DUI Defense Attorney

Fighting DUI charges is exceptionally challenging without an experienced criminal defense lawyer on your side. The legal experience that the Benjamin Durham Law Firm brings to the table includes:

• Comprehensive understanding of Nevada’s DUI laws and defense strategies.
• Access to technical resources contesting the accuracy of BAC testing devices and procedures used to establish illegal impairment.
• Experience leveraging plea bargains and diversion programs to mitigate penalties when possible.

Time is of the essence when trying to build an optimal DUI defense in Nevada. The sooner you engage specialized legal help after arrest, the better your odds of reducing charges or avoiding conviction altogether.

Protect Your Rights After a Nevada DUI Arrest

If you were arrested for a DUI in Nevada, call attorney Benjamin Durham Law Firm immediately. Nevada has strict rules on collecting evidence that can hurt your case.

Benjamin Durham is a DUI defense lawyer in Nevada with years of experience. He knows how to defend your rights and build the strongest case possible. But he needs to start defending you right away before you lose important legal rights.

Don’t take a chance by waiting if you were charged with a Nevada DUI. Contact Benjamin Durham now to start protecting your case.