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What Are the Nevada DUI Laws?

It is always illegal to operate a vehicle if your ability to drive safely is impaired by drugs or alcohol. While driving under the influence (DUI) is illegal throughout the United States, each state has its own set of DUI laws. This article provides a brief overview of Nevada's DUI Laws.

Code Section

Nevada Code section 484C.110: Driving Under the Influence – Unlawful Acts

What's Prohibited?

It is illegal to drive, or be in actual physical control of a vehicle, on a highway or premises which the public has access to, if the person:
  • Is under the influence of intoxicating liquor
  • Has a blood or breath alcohol concentration of 0.08 or greater
  • Within two hours, has a blood or breadth alcohol concentration of 0.10 or greater
  • Is under the influence of a controlled substance
  • Is under the combined influence of intoxicating liquor and a controlled substance, or
  • Uses any chemical, poison, organic solvent, or any compound or combination of any of these, to a degree that renders the person incapable of safely driving

Blood Alcohol Concentration Limits

The blood alcohol concentration (BAC) limit for drivers in Nevada is:

  • 0.02% for drivers under 21 years old
  • 0.04% for commercial license holders, and
  • 0.08% for everyone else

However, note that a DUI can legally be issued to any driver who has a detectable amount of an illegal substance in their blood.

Criminal DUI Penalties in Nevada

The criminal penalties for DUI offenses in Nevada vary depending on whether or not the offender has been convicted of a DUI in the past. DUI convictions in Nevada can be punished as follows:

First DUI Conviction:

  • Imprisonment for two days to six months (or 96 hours of community service)
  • Fine of $400 to $1,000
  • Attending DUI school
  • Driver's license revoked for 90 days, and
  • May be required to attend a substance-abuse treatment program

Second DUI Conviction Within Seven Years:

  • Imprisonment for 10 days to six months
  • Fine of $750 to $1,000
  • 100 to 200 hours of community service
  • Driver's license revoked for one year
  • Car registration may be suspended, and
  • May be required to attend a substance-abuse treatment program or undergo clinical supervision for up to one year

Third (or Subsequent) DUI Conviction Within Seven Years:

  • Imprisonment for one to six years
  • Fine of $2,000 to $5,000
  • Driver's license revoked for three years, and
  • Car registration may be suspended

However, if the DUI offense causes death or serious injury, even on a first offense, then the offender may be imprisoned for two to 20 years, be fined $2,000 to $5,000, and have their license revoked for three years.

Additional Resources

State laws change frequently. For case specific information regarding Nevada's DUI laws contact a local DUI lawyer.

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Can I Solve This on My Own or Do I Need an Attorney?

  • Complex DUI situations usually require a lawyer
  • DUI defense attorneys can challenge Breathalyzer/Intoxilyzer or blood test results
  • A lawyer can seek to reduce or eliminate DUI penalties
  • A lawyer can help get your license back

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