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Your Guide to Nevada DUI Laws and Penalties


In Nevada, the definition of a DUI is operating a vehicle while under the influence of alcohol or drugs. Under Nevada DUI laws, the charge carries significant penalties such as license suspension and time in jail.

A DUI charge has serious implications in your personal and professional life. Due to this, it is important to drive safely while on the road and avoid driving under the influence.

What if you end up facing a DUI charge? How do you handle the conviction? Do you know what happens next? Do you understand the penalties for 1st offense, 2nd offense, and 3rd offense?

To help you with this, we have written a complete guide to Nevada DUI laws.

What Is Driving Under the Influence According to Nevada DUI Laws?

A driver is under the influence if the blood alcohol concentration level is 0.08% or more. The police can charge the driver with DUI if driving under the influence of alcohol or drugs.

A commercial driver is driving under the influence if the BAC level is 0.4% or more. For underage drivers, a BAC of 0.02% or more translates to a DUI.

Can I Get a DUI If I Am Not Operating the Car?

Yes, you can. If you are in actual physical control of the motor vehicle while drunk, you can get cited for DUI offenses, even if you aren’t driving. This situation is referred to as “sleeping-it-off.” How does a judge or jury consider this?

Well, there are several actions taken into consideration. The judge or jury will need to know if the vehicle was running, the position of the ignition key and the position of the driver.

The judge or jury will also consider if the vehicle was on private or public property. Each individual’s situation is unique. To get the best defense, hire an experienced DUI Las Vegas attorney.


What Is Implied Consent?

Nevada has an implied consent law. This means if a police officer arrests a suspect for suspicion of impaired driving, the driver must take a BAC test. The administration of the breathalyzer test is by the roadside.

If the driver is unconscious, the officers administer a blood test. Under the Nevada DUI laws, the driver can request for more testing by a specific medical professional. Drivers who refuse to take the test will lose their license for 1 year (first offense).

For the second and third offense, the duration is 3 years.

What Are the DUI Penalties in Nevada?

In Nevada, any prior conviction determines the penalties. They are:

  • First offense

  • Second Offense

  • Third Offense

Let’s take a brief look at the penalties in each category.

DUI - First Offense

If convicted, the driver will pay fines amounting to $400, and 2 to 180 days in jail. The judge can order the least jail time of 48 to 96 hours. With a BAC level of less than 0.18%, the driver must use an Ignition Interlock Device (IID) for 185 days. If the BAC level is higher than 0.18%, he will be required to use the IID for 1 to 3 years.

DUI - Second Offense

A minimum fine of $750 or a similar number of community service hours. The driver may face jail time of 10 to 180 days or confinement at home. If the driver has a BAC of 0.18% or less, the driver will have to use an IID for 185 days.

If the BAC level is higher than 0.18%, the driver will be required to use an IID for 1 to 3 years.

DUI - Third Offense

If the driver commits a third offense within 7 years of the second offense, the driver will pay a fine of $2,000. He is also eligible for jail time - 1 to 6 years and will be required to use an IID for 1 to 3 years.

Will My License Be Revoked?

Yes, all convicted drivers of a Nevada DUI law will have their driver’s license revoked as follows:

  • First offense - for 185 days

  • Second Offense - for 1 year

  • Third offense - for 3 years

Charged with DUI? Hire an Attorney Immediately

A DUI attorney can help reduce your sentence, or even have the charges against you dropped all together. They will analyze your case to find out if the police officer had a probable cause, followed proper protocol, or made any mistakes that might help your case.

Contact The Hill Firm Today!

Are you looking for legal representation with extensive experience in Nevada DUI laws who will help you get the most favorable outcome for your case? Look no further!  Contact The Hill Firm at 702-848-5000 for a free consultation today!

Dan Hill