In Nevada, there are two general ways the police test to see if you are above the .08 BAC level. One is breath. Breath is NOT the most accurate way to measure someone’s BAC. Usually there is a 10% or higher margin of error. Thus, your actual BAC could be .072 (under the legal limit) but the breath machine could read it as a .08. Unfortunately, the margin of error is generally ignored by the DMV. The criminal court, however, has a higher standard of “beyond a reasonable doubt” and thus, should pay attention to the margin of error. The blood testing is more accurate, but there is still a margin of error. Additionally, the person who withdraws the blood and tests the blood should be certified. Numerous errors can be committed in the way the blood is withdrawn, handled and/or tested.

Additionally, a new Supreme Court case can limit the admissibility of a warrantless blood withdrawal. My suggestion is, if you get arrested for a DUI you should at minimum consider hiring an attorney to review your file. Particularly, if your BAC is close to the legal limit. To simply plea guilty without a careful review of the facts and documents against you is a mistake especially in light of the enhancement penalties associated with a DUI. Although not smart to drink and drive, do not assume that just because you drank a few drinks and decided to get behind the wheel, that you are GUILTY of the charge of DUI. Facts are very important and they should be reviewed carefully.

[NOTE: this blog is not offered as legal advice.  Any information is for discussion purposes only and there is no attorney-client relationship formed.   Keep in mind that this blog only gives general legal information.  Each case is unique and accurate legal advice would require review of all details and documents for each specific case.  It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate].