Nevada DUI Laws
Created by FindLaw's team of legal writers and editors | Last updated March 12, 2018
Nevada Driving Under the Influence (DUI) Laws
With it's glitzy 24-hour casinos, expansive desert, and attractions such as the Hoover Dam, Nevada surely has something for everybody. The "Silver State" also has something for those who drink alcohol and/or do drugs and drive under the influence: strict laws and big penalties.
Nevada has laws against driving under the influence similar to those in other states -- namely that a person will be in violation of the law if he or she is driving or is in physical control of a motor vehicle and is either:
- driving and is impaired by alcohol or drugs,
- driving and has a blood alcohol concentration (BAC) of 0.08 percent of higher.
Prescription Drugs and Driving
If a Nevada motorist's driving is impaired by drugs, whether the person has a legal prescription, he or she can be prosecuted the same as an alcohol-related DUI. Whether it is Percocet or Vicodin, if the driver is exhibiting signs of being under the influence such as swerving, weaving, or driving under the speed limit, he or she can be arrested and charged with a DUI in Nevada.
Possible Defenses
If you have been arrested and charged with impaired driving, there may still be hope to resolve your case. It is wise to discuss possible defenses with your attorney to see if one may apply in your case. Common defenses include an invalid reason for the traffic stop, a procedural mistake by the officer at the time of the arrest, a discrepancy with the breath or blood sample you provided.
This chart lays out the basics of Nevada's DUI laws:
Nevada DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | 0.18 Percent |
| Implied Consent to Submit to BAC Test? | Yes |
Nevada DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 90 days (restricted after 45 days) / 1 years / 3 years |
| Mandatory Alcohol Education, Assessment and Treatment | Both including a Victim Impact Panel |
| Vehicle Confiscation Possible? | No (registration restrictions for repeat offenders) |
| Ignition Interlock Device Possible? | Yes (discretionary for first non-aggravated offense, mandatory for aggravated or repeat offenders) |
Nevada DUI Resources:
- Nevada DUI Statutes: Driving under the Influence (N.R.S. 484C.110); DUI Penalties (N.R.S. 484C.400); Ignition Interlock (N.R.S. 484C.460).
- Nevada DUI Schools - List of DMV certified schools, which can be used as part of court-ordered plea bargains or sentences (Nevada DMV).
- License Suspension & Revocation - Details on license suspension and revocation which can result form a DUI offense (Nevada DMV).
- License Reinstatement - Information on whether and how a license can be reinstated following a DUI offense (Nevada DMV).
Need Help with a Nevada DUI? Contact an Attorney
A DUI arrest should never be taken lightly. There are both administrative and criminal penalties at stake if you're convicted. While you likely have a lot to think about, a good first step in deciding what's right for you is to reach out to a DUI attorney in Nevada who can evaluate your case and let you know your options moving forward.
Next Steps
Contact a qualified DUI attorney to make sure your rights are protected.