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Nevada's DUI statutes (found in NRS 484.379) make it a crime to operate a motor vehicle on the highway or road accessible to the public under any of the following three circumstances:
- When the driver is under the influence of alcohol or drugs or both (the impairment theory);
- When the driver has a blood alcohol concentration of 0.080 or greater within 2 hours of the time of control of the vehicle (strict liability); or
- When the driver has even small levels of illegal drugs, or the drugs' metabolites, in the blood or urine within 2 hours of control of the vehicle.
One's guilt or innocence under this statue will be determined by a judge, not jury, in a court setting. Under Nevada DUI law, driving "under the influence" is not strict liability but a BAC of 0.08 or greater is strict liability, even if there is little or no impairment. Thus, in Nevada a DUI conviction can be obtained even if the BAC is below 0.080.
A Las Vegas DUI suspect whose blood or breath reads a 0.05 may face prosecution if the officer observed signs of impairment or witnessed impaired driving.
