NEVADA DUI LAW

Blood Alcohol Content (“BAC”) for a DUI in Nevada:

• Standard BAC: .08% or above
• Zero Tolerance BAC (under 21): .02% or above
• Professional Drivers: .04% or above
• High BAC: .18% or above (the court can increase penalties at its discretion)

Implied Consent and Chemical Test Refusal:

When the police officer asks a driver to take a breath, blood or urine test, the driver is required to comply. In Nevada, driving the car, while under suspicion of consuming alcohol implies consent to be tested. If the driver does not comply, the police offer can use reasonable force to force the driver to take the chemical test. The driver can be arrested immediately for resisting.

Note: DUI laws in Nevada may differ from county to county. A DUI charge can have serious and long lasting effects on the driver’s record. A driver arrested for a DUI should seriously consider speaking to a Nevada attorney who specializes in DUI cases. A Nevada DUI attorney may be able to help the driver understand the options and represent his or her interests in court.

DUI Arrest/Civil Case

Potential Penalties:

• License Suspension:
  • First DUI Conviction: 90 days
  • Second Conviction in Seven Years: 1 year
  • Third Conviction (and above) in Seven Years: 3 years
• Restricted License (1st & 3rd DUI ONLY): After the first 45 days of suspension (1st DUI), the driver may be eligible for a restricted license that allows the driver to drive only to work and back. It may also be possible to receive a restricted license after the third DUI in some cases.
• Monetary Fines:
  • First DUI Conviction: $400-$1000
  • Second DUI Conviction: $750-$1000
  • Third DUI Conviction: $2000-$5000
• Ignition Interlock: As a requirement for receiving a restricted license the court may require the driver to install the ignition interlock for 3-6 months after the first DUI. After the third offense, the driver must install the device for 12-36 months.
• Prison Time:
  • First DUI Conviction: From a minimum of two days to a maximum of six months. At the judge’s discretion it may be possible to substitute 96 hours of community service for prison
  • Second DUI conviction: Ten days to six months of jail or at the judge’s discretion, home arrest may be substituted for prison time.
  • Third DUI conviction: 60 days to six months.
• Community Service: After the first DUI conviction 96 hours of community service may be substituted for jail. After the second conviction 100-200 hours of community service may be required.
• Court Ordered DUI School: Attending a program at driver’s cost is required for the second and all subsequent DUI arrests. The average cost of a program is $150.

DUI Criminal Case

A driver has a right to an attorney throughout the DUI process. A Nevada DUI attorney can help the driver navigate the complexity of Nevada’s criminal system by reviewing the driver’s legal situation, explaining the driver’s options and their consequences, and representing the driver in court.

First and second DUI convictions lead to a misdemeanor charge. The third and all subsequent DUI convictions lead to a third degree felony charge. Any DUI, where another was injured or killed, is a charged felony even if it is the first DUI. If the driver was previously convicted of a felony DUI, all subsequent DUI convictions are charged as felonies. Felony DUIs carry a prison sentence of 2-20 years, a license suspension of 3 years and fines of $2000-$5000.

DUI Administrative Case

In addition to the criminal case, the DMV files a civil administrative case. The administrative case deals only with the driver’s license. The findings in the administrative case apply even if the driver was found to be not guilty in the criminal case.

Reinstating Your License After DUI Conviction:

• Pay $125 reinstatement fee (and all other court imposed fees)
• Retake the written and vision tests
• The driver may also be required to retake the skills test
• Prove the existence of valid car insurance, by having insurance company file the SR-22 form with Nevada DMV

Effect of DUI on Car Insurance The insurance carrier may decide not to continue insurance coverage after a DUI arrest, or may increase the insurance rates every year. However, the driver must have insurance to qualify for a restricted license after a DUI, or to have the general license reinstated. To show proof of insurance, the car insurance company must provide the SR-22 form to the Nevada DMV.

Effect of DUI on Driving Record: In Nevada, a DUI will remain on the driver’s record permanently.

Under 21 and DUI: If the driver is under 21 and has a BAC of .04%, the driver’s license will be revoked for 90 days and the driver is subject to criminal penalties listed above.

Nevada Resources

Nevada DMV

Fact Sheet from the Nevada DMV