Nevada DUI: Under the legal limit

Posted on May 11, 2009 by Dan Jaffe

Nevada could still charge a man who caused a fatal accident that killed an officer with DUI, even though he was below the legal limit of .080.

Attorney: Darling could still be charged with DUI: "The man accused of killing a Metro officer in a deadly crash admits to having a few beers just before the accident. But now, blood tests have put Calvin Darling below the legal drinking limit in Nevada.

So what does this mean for the charges he's facing?

Calvin Darling can still be charged with DUI. Nevada law states that if you are under the influence of alcohol to any degree and it makes you incapable of driving safely, you can be held responsible for your actions. However, it's up to investigators to decide whether his driving was impaired by the beers he said he had."

Prosecutors usually want to get a defendant for something. So if vehicular homicide won't stick, why not charge the DUI. Learn more about Nevada DUI law.

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