NEVADA DUI LAW
Blood Alcohol Content (ďBACĒ) for a DUI in Nevada:
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 driverís 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
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 Nevadaís criminal system by reviewing the driverís legal situation, explaining the driverís 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 driverís 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:
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 driverís record permanently.
Under 21 and DUI: If the driver is under 21 and has a BAC of .04%, the driverís license will be revoked for 90 days and the driver is subject to criminal penalties listed above.