Nevada DUI Laws
In Nevada, a DUI arrest usually occurs following a traffic stop (for allegedly suspicious driving), at a DUI sobriety checkpoint, or as a result of an accident. If you are arrested, it will generate two separate proceedings: a DMV hearing to determine whether your driver's license will be suspended, and a criminal case for driving under the influence. DUI cases often involve errors that can be brought to the attention of the court and can result in a reduction or dismissal of the charges. To begin fighting your DUI, contact a Nevada DUI attorney.
If you are convicted of DUI, your sentence will likely include jail or community service, fines, drug and alcohol abuse counseling or education, loss of your driver's license and installation of an ignition interlock device. The penalties often increase with multiple offenses (within seven years), if your blood alcohol content (BAC) was greater than .18 percent, if there were any passengers under 15 years of age riding in the car, and in certain other situations. Your attorney may be able to have jail time converted into electronic home monitoring. To learn more about opportunities to mitigate the penalties in your case, it is best to consult a Nevada DUI lawyer.
There are many ways to fight a DUI charge. For example, low carbohydrate diets and dental problems can affect a BAC reading. Bloodshot eyes could be due to allergies or exhaustion rather than alcohol. An experienced attorney will thoroughly analyze the facts and circumstances of your case to make sure your rights are protected. Help protect your legal rights and your future by calling a DUI attorney today.
Nevada DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Nevada BAC laws may differ from those of other states, as follows.
| Nevada BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for Someone Under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: any time during suspension.
| DUI/DWI Arrest | |
| 1st and Subsequent Offenses | 90-day license suspension |
| "Zero Tolerance" (BAC for Someone Under 21) | 90-day license suspension |
| Temporary License | Can be requested; valid for 7 days after issuance |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have restricted license) |
| Prison Term and Community Service | 2 days to 6 months in jail or 96 hours community service |
| Fines, Fees, and Surcharges | Approx. $400 to $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory DUI school; possible treatment |
| Second DUI/DWI Offense (within 7 years of 1st offense) | |
| License Suspension | 1 year (no restricted license) |
| Prison Term and Community Service | 10 days to 6 months in jail; 100 to 200 hours community service |
| Fines, Fees, and Surcharges | Approx. $750 to $1,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third or Subsequent DUI/DWI Offense (within 7 years of 2nd offense) | |
| License Suspension | 3 years (may have restricted license) |
| Prison Term and Community Service | 1 to 6 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $2,000 to $5,000 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Nevada Department of Motor Vehicles