DUI Accident Lawyer in Nevada
Chapter 484C of the Nevada Revised Statutes governs criminal offenses relating to driving under the influence (DUI) of alcohol or a prohibited substance. Drunk driving laws were enacted largely to discourage people from operating motor vehicles while intoxicated, and people convicted of these crimes can face steep criminal penalties that may include possible imprisonment and fines.
In addition to criminal liability, drunk drivers who cause automobile accidents can also be held liable in civil courts for damages resulting from the injuries victims sustained. A criminal DUI case is a separate matter from the civil action, and the two processes involve different rules.
If you suffered serious injuries or your loved one was killed in a drunk driving crash anywhere in Nevada, it is in your best interest to immediately seek legal representation. Need an Injury Lawyer Nevada represents residents and visitors in Elko, Boulder City, Mesquite, Las Vegas, Reno, Henderson, North Las Vegas, Sparks, Carson City, and many other surrounding areas.
Nevada DUI Laws
Nevada Revised Statute § 484C.110 establishes that it is unlawful for any person to drive or be in actual physical control of a motor vehicle when he or she is under the influence of intoxicating liquor or has a blood or breath alcohol concentration (BAC) of 0.08 or higher. Commercial drivers can be arrested for DUI offenses when they have BACs of 0.04—only half the legal limit for traditional drivers.
With minors (people under 21 years of age), the standard is even lower. A minor can be charged with a DUI offense if he or she has a BAC of 0.02.
Dram Shop Laws in Nevada
Under Nevada Revised Statute § 41.1305, any person who serves, sells, or otherwise furnishes an alcoholic beverage to another person 21 years of age or older is not liable in a civil action for any damages caused by the person served the alcoholic beverage. This immunity from civil liability in Nevada runs contrary to the “dram shop” laws of most states.
The phrase dram shop is derived from 18th Century England when alcohol was sold in small units known as drams. While a server or establishment cannot be held liable for accidents caused by over-served patrons of legal age, one exception to the state law is when the person served is a minor.
Under the same statute, any person who knowingly serves, sells, or otherwise furnishes an alcoholic beverage to an underage person can be held liable in a civil action for damages caused by that minor as a result of being served the alcoholic beverage. Bars and restaurants will adamantly oppose any claim that they knowingly served alcohol to minors, but Need an Injury Lawyer Nevada can obtain the evidence necessary to prove this kind of dram shop claim.
Social Host Liability in Nevada
The same statute commonly referred to the dram shop law also applies to social hosts, or the people who host private parties or other functions at which alcohol is served. Like traditional bars or restaurants, social hosts enjoy immunity from civil actions as they relate to the conduct of legal adults who were served alcohol, but social hosts can be liable for serving alcoholic beverages to minors.
Keep in mind that serving alcohol to minors is in itself a criminal offense, punishable as a misdemeanor under Nevada Revised Statute § 202.055.
Find a DUI Accident Attorney in Iowa
Did you sustain severe injuries or was your loved one killed in a drunk driving crash in Nevada? Contact Need an Injury Lawyer Nevada as soon as possible. We represent victims in communities throughout Lyon County, Elko County, Douglas County, Nye County, Clark County, Washoe County, and Carson City.