Nevada DUI Laws

Nevada DUI laws are strict and impose harsh penalties for those who are arrested and convicted of driving under the influence. It is essential that drivers understand the consequences they may face should they be accused of driving while impaired by alcohol, drugs, a combination of substances, or any prohibited substance.

If a person is in control of a vehicle and has a blood alcohol concentration (BAC) of .08% or higher, they may be charged with DUI in Nevada. Additionally, if an individual is operating a vehicle while under the influence of intoxicating liquor, any controlled substance, or a combination of both, they too can be charged.

It’s important to note that these laws are enforced strictly, so it’s best to take every precaution necessary to ensure your safety and the safety of others on the road. Make sure you are aware of the laws specific to your state before getting behind the wheel of a vehicle at all times.

Nevada DUI Charges

Driving under the influence in most states, including Nevada, does not only mean driving under the influence of alcohol. It also means driving under the influence of drugs or a combination of drugs and alcohol together. When an individual is held for having a blood alcohol content above the legal limit of 0.08 percent, he or she will be charged with one of two charges.

The first is called per se charges where an individual will be tried simply for having a blood alcohol content level above the legal limit. In these cases, an individual will not be tried for being impaired while driving. The prosecutor will present the individual’s blood alcohol content percentage to the jury of six. If only five find the defendant guilty the charge will not withstand. The individual may choose to be tried by a judge rather than a jury, at his or her own discretion.

In drunk driving cases, an individual may also be tried for impairment instead of intoxication. In these cases, the prosecution will provide evidence to show that the individual was impaired. Driving patterns, blood alcohol content, chemical tests, physical appearance, and field sobriety tests will often be the evidence in impairment cases. At times individuals are not convicted for impairment even if their blood alcohol content levels exceed the 0.08 percent level, as some are not impaired at that level.

Nevada DUI Basics

When an individual obtains a driver’s license he or she is subject to implied consent when intoxicated. Under this implied consent an individual is required to submit to chemical testing when requested by a police officer. If an individual refuses his or her driver’s license will automatically be suspended. The court will also take the testing refusal into account and infer that the individual is guilty of drunk driving.

If you are arrested on suspicion of driving under the influence in Nevada, it is important to be aware of your rights and the legal repercussions that can follow. Under Nevada’s implied consent laws, a suspected drunk or drugged driver must submit to a chemical test or face potential suspension of their driver’s license. The results of this test may be used against the suspect in a criminal trial, and an automatic administrative suspension of the license can happen before the conviction has been reached. First-time offenders may see their license suspended for 185 days, with those convicted of a second offense facing up to one year and third-time offenders three years. Suspects are eligible to appeal the administrative suspension within seven days if they have an elevated BAC. However, should the court find them guilty, additional criminal penalties set by Nevada DUI laws could apply. Being aware of these laws and understanding your rights as a suspect can help you navigate proceedings more easily.

Nevada DUI Penalties

Punishments for driving under the influence in Nevada are based on the number of prior offenses.

Nevada has a seven-year washout period where past DUI offenses will not be used as priors if they occurred seven or more years prior to the current offense. A first DUI offense can earn imprisonment between forty-eight hours and six months, ninety hours of community service, a fine between three hundred forty dollars and eleven hundred seventy-five dollars, driver’s license suspension for ninety days, and other alcohol and drug assessments.

A second DUI offense can earn imprisonment between ten days and six months, a fine between six hundred seventy-five dollars and eleven hundred seventy-five dollars, driver’s license suspension for one year, two hundred hours of community service, and other evaluations.

A third or subsequent DUI offense can earn imprisonment terms between one year and six years in state prison, a fine between two thousand eighty-five dollars and five thousand eighty-five dollars, driver’s license suspension for three years, an interlocking device between twelve months and thirty-six months after release from incarceration, and evaluations. DUI offenses can be aggravated if the individual’s blood alcohol content was twice the legal limit, if a minor was in the vehicle at the time of the arrest, if the individual was driving significantly over the speed limit, or if others were injured.

First DUI Offense:

Second DUI Offense (within 7 years):

Third DUI Offense (within 7 years):

Felony DUI (resulting in death or substantial bodily harm):

Please note that these penalties are subject to change and can be more severe if aggravating circumstances are present, such as accidents, injuries, or extremely high BAC levels.