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SHERIFF v. BURCHAM

No. 50026.

198 P.3d 326 (2008)

SHERIFF, CLARK COUNTY, Appellant, v. Daniel J. BURCHAM, Respondent.

Supreme Court of Nevada.

December 24, 2008.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Bruce W. Nelson, Deputy District Attorney, Clark County, for Appellant.

Thomas F. Pitaro, Las Vegas, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, GIBBONS, J.:

Respondent Daniel J. Burcham was charged with felony driving under the influence (DUI) pursuant to NRS 484.3795(l)(a) and (b) following an accident that caused the death of another driver. The State appeals the district court's order granting Burcham's pretrial habeas petition and dismissing the felony DUI charge.

We primarily consider whether the definition of "under the influence," set forth in this...

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