answersLogoWhite

0

FIRST EFFORTS TO DEFINE THE OFFENSE:

PRESUMPTIONS OF INTOXICATION

For over 30 years, no Nevada law defined, or otherwise provided direction concerning

what constituted, intoxication or being "under the influence." Like their counterparts in

other states, Nevada's peace officers relied upon observation, certain sobriety tests,

and judgment to determine if drivers were intoxicated.

During the late 1930s and early 1940s, technology to measure the amount of alcohol

in a person's blood (Blood Alcohol Content or BAC) became readily available. Further,

evidence from the new tests indicated that, at higher BAC levels, drivers were more

likely to be involved in accidents.

In an effort to make the evaluation of DUI more objective and, thus, the enforcement

of DUI laws more effective, states began adopting "presumptive" DUI statutes. That

is, a person was presumed to be intoxicated at a specified BAC, although the

presumption was rebuttable in court. Indiana passed the first such law in 1939.

Appendix A to this paper, a chronicle of selected DUI legislation in Nevada, includes chapter citations of all bills

referenced.

1 Similarly, Nevada, in 1957, enacted Assembly Bill 267, which established statutory

presumptions associated with certain BAC levels. Like the presumptive statutes of

most other states, AB. 267 set what is now generally considered to be a very

conservative standard for presumed intoxication--0.15.

2

A person with a BAC of 0.05 or less was presumed not to be under the influence of

intoxicating liquor; with a BAC of 0.15 or more, a person was presumed to be

intoxicated. A BAC between 0.05 and 0.15 gave rise to no statutory presumption

concerning whether the person was intoxicated, although the BAC might be considered

with other evidence in making that determination.

Further, the bill specified that the presumptions were not to be "construed as limiting

the introduction of any other competent evidence bearing upon the question of whether

or not the defendant was under the influence of intoxicating liquor." Thus, the

presumption that a driver was intoxicated was rebuttable in court.

By 1967, national attention to the dangers of drunk driving had prompted the

Federal Government to include among its standards for highway safety programs a

presumptive BAC level of 0.10. Two years later, the Nevada Legislature considered

a bill to lower the standard (Assembly Bill 266 of the 1969 Session), but the measure

did not pass. Opponents referred to AB. 266 as the "two-drink" bill, arguing that "just

two drinks" could result in a BAC of 0.10.

Thus, it was not until 1971 that the Nevada Legislature lowered the presumptive level

from a BAC of 0.15 to 0.1 O. Accordin~ to testimony during legislative hearings, at that

time 25 states had already done so. The Nevada Safety Council, one advocate of

lowering the standard for presumed intoxication, conducted an experiment to counter

the "two-drink" argument of the previous session. The council's testimony included the

results of that (admittedly non-scientific) experiment, in which it found "it takes a

sufficient number of drinks before an average person's blood-alcohol content registers

0.10."

ILLEGAL PER SE

Nationwide, the presumptive statutes of the 1950s were followed by "per se" statutes

in the 1970s. Although a presumptive law allows a driver with a BAC over the

presumed level of intoxication to rebut the presumption in court, a per se law stipulates

that to drive with a BAC at or above a specified level constitutes an offense in and of

itself Proponents of the new legislation argued that police officers were not inclined

to arrest drivers for DUI if they believed that the presumption of intoxication would be

successfully rebutted. Further, they suggested that per se laws encouraged arrest and

prosecution and, therefore, deterred drinking and driving.

Currently, all 50 states have either presumptive or per se statutes at a BAC no higher than 0.10.

See the Legislative History of A.B. 24, available in the Research library of the Legislative Counsel Bureau, for more

information about lowering the presumptive BAC level.

User Avatar

Wiki User

12y ago

What else can I help you with?

Related Questions

Blood alcohol concentration is measured to determine whether someone is driving while intoxicated?

driving while intoxicated


What is the Blood Alcohol Cconcentration level in Nevada is someone presumed intoxicated?

.08 BAC for regular drivers, .04 for commercial licenses, and .02 for minors.


What does intoxicated?

it means when someone has had alcohol or drugs. A toxin is a poison.


When is a person intoxicated?

An intoxicated person is someone who has drunk too much alcohol, and is drunk. Probably staggering about, unsure of where or what he or she is doing.


Is it illegal in the state of Illinois to serve someone alcohol if they are intoxicated?

It depends upon which level of intoxication. It is solely upon the vendor.


What does it mean to be charged with dwi?

A DWI conviction is given to someone who is operating a motor vehicle while having a blood alcohol level above 0.08 or being intoxicated. Intoxicated refers to being affected by any alcohol or substance that alters judgement and motor skills.


What BAC MEANS?

Blood alcohol content. It is used to find out what level of alcohol is in someone's system.


Mixing stimulants and depressants like alcohol and amphetamines will balance out the effects making a person feel less intoxicated or wired. True or False?

False. It may make someone feel less intoxicated, but it doesn't actually make them less intoxicated, nor does it balance out the effects.


If a person with a high blood alcohol level is bitten by a blood-sucking insect like a mosquito could the insect become intoxicated as a result?

No, a mosquito will not become intoxicated through someone's blood alcohol level after biting a person. In a mosquito the alcohol moves into a separate area, or pocket, and is broken down by enzymes before it could even reach the nervous system.


What happens when people are tipsy?

The term tipsy refers to someone who is intoxicated or drunk. When a person have consumed too much alcohol, they will loose coordination and their personality will change.


Someone might start to report feeling in a good mood at what Blood alcohol concentration levels?

cheater


Is it true that a bar can't serve someone alcohol if they are aware they're an alcoholic?

No. Urban myth. Under some circumstances, however, they can be held civilly liable in a lawsuit if they knowingly serve someone who is obviously intoxicated and that person then injures someone.