Google+ Twitter Linkedin

Nevada DUI Laws & Penalties

Nevada DUI

Nevada DUI is defined by the Nevada state law as driving with a blood alcohol content of .08% or higher. However, you can still be convicted of a Nevada DUI if you are driving with a lower BAC level if the police officer determines that the amount of alcohol you have consumed (below a BAC level of .08%) significantly impaired your ability to drive a motor vehicle in his/ her observation.

If you are pulled over and arrested for a Nevada DUI, you should contact a DUI lawyer as soon as possible to get informed about and defend your rights. Also, make sure that you immediately request your Nevada DMV hearing. You only have seven (7) days from the day of your arrest to request this hearing to contest the suspension of your Nevada drivers license. If you do not request and attend this hearing, you could lose your right to drive for an extended period of time.

Nevada DUI Considerations

Nevada DUI arrests result in two separate actions against you. A criminal court case, and a DMV case. In the criminal case, you can face one or more of the following penalties: 

Nevada First Offense DUI

  • 2 days to 6 months of jail time

  • 48 to 96 hours of Community service (in place of jail time)

  • Fines from $400 to $1,000

  • Attendance at the Victim Impact Panel

  • Alcohol Education Requirements

  • Impounding of your vehicle

  • Ignition interlock system may be installed to obtain a restricted license

Nevada Second Offense DUI

  • Jail time of 10 days to 6 months

  • Fines between $750 and $1,175

  • Suspension of drivers license for 1 year

  • Ignition interlock system will be installed for 12 to 36 months to obtain a restricted license

Nevada Third or Subsequent Offense DUI

  • Category B felony

  • 1 to 6 years in prison

  • Fines between $2,085 and $5,085

  • Suspension of drivers license for 3 years

  • Ignition interlock system will be installed for 12 to 36 months to obtain a restricted license

Nevada Implied Consent Laws

  • Chemical testing is allowed. Blood, breath or urine as selected by the officer.

  • The officer must advise the defendant as to the penalties for test refusal.

  • Test results can carry a 90 day license suspension.

  • Test refusal carries a 1 to 3 year license revocation and is admissible in court. There is a 90 day license revocation for refusing the PBT.

Chemical Testing

  • Chemical test results are admissible in court if they are performed by a certified person using properly calibrated equipment.

  • Blood draws for police testing must be administered by a licensed physician, registered nurse or other qualified person.

  • The defendant has the right to have an independent chemical test done by a qualified person of their choice. The costs of the independent testing is the defendant's responsibility.

  • Test results must be made available to the defendant and his or her Nevada DUI attorneyupon request.

Protecting Your Right To Drive in Nevada

On top of those punishments, you will also face a civil matter which is a hearing with the Nevada DMV. At this hearing you could be given the following: 

  • Suspension of license for ninety days 

  • $121.75 in fees 

  • Driving tests 

Reference: Nevada DMV License Suspensions 

Working with a Nevada DUI attorney can help you get the least possible amount of license suspension time. You can also appeal your suspension to the DMV office. You may be able to get a temporary restricted license to allow you to go to and from work, but this is only possible after you have gone forty-five days without a drivers license. 

SR22 Insurance Considerations for a Nevada DUI

In addition to the above punishments, you will also find that after you are convicted of a Nevada DUIyou will have to get what's referred to as a Nevada SR-22 insurance policy. This is a high risk auto insurance policy that is required after a drunk driving offense in Nevada. 

DUI Arrest Help.com has partnered with the largest and most trusted SR22 insurance provider in the state of Nevada an has worked out a special discount only available here to our website visitors.

You won't be able to find a cheaper SR22 insurancepolicy in Nevada for any less.  Type in your zip code below so we can provide you with the cheapest rates in your area.

Get an Instant SR22 Insurance Quote & Filing Now!
Zip Code:

Other Nevada DUI Resources

  • Nevada DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Nevada.

  • Nevada SR22 Insurance -  Learn everything you need to know about Nevada SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your NV SR22 insurance.

  • Nevada DUI Lawyers -   Contact one of our Nevada DUI lawyers today.

  • Nevada DUI Schools -   We offer a complete listing of Nevada approved DUI schools and alcohol treatment programs.