imported post
At 0.09, no explanation to a cop is necessary as no crime has occurred. In fact, at 0.11, no explanation to a cop is necessary, and I would recommend that if you are irresponsible enough to find yourself in this situation, keep your mouth shut.
Anyway, a BAC of 0.09 is an irresponsible move, but it's not illegal. It's my assumption that the legislative intent is 0.08 is not drunk but 0.10 is. If you read NRS 484.379, the DUI law, there are actually two limits listed. The first, 0.08, automatically expires upon the repeal of the federal law mandating 0.08 as a condition of receiving highway funding. The second, 0.10, begins upon the repeal of that federal law.
In other words, the people of Nevada, through their legislators, believe 0.10 is the correct limit for intoxication but were forced to change it by federal lawmakers. But federal lawmakers only forced them to change the DUI law, not other laws such as "drunk in public" or "drunk with a gun".
It holds then that at 0.09, the people of Nevada do not believe a person is intoxicated, and therefore able to responsibly possess of a firearm.