Nevada DUI Laws

Nevada has recognized that driving under the influence (DUI) is both a public safety issue and a public health crisis. In trying to reduce the number of injuries and deaths caused by impaired drivers, the state has embarked on a public campaign to bring awareness to the issue and to strengthen its DUI laws.

Nevada's DUI law sees that a first DUI charge may come from a poor judgment call. You may need substance abuse treatment, a couple of days in jail, and driving restrictions to help you understand the seriousness of your choice. Nevada also views a second DUI charge within seven years as a more serious issue. Other risk factors can increase your penalties.

Note: State laws can change through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to ensure you have the most recent information.

Nevada Driving Under the Influence (DUI) Laws

The state of Nevada prohibits anyone from driving or being in actual physical control of a vehicle when:

• Under the influence of alcohol or an intoxicating liquor
• Under the influence of a controlled substance
• Under the influence of any substance that impairs your ability to drive safely
• Your blood alcohol concentration (BAC) is 0.08% or 0.04% for commercial drivers
• Under the influence of a combination of alcohol, intoxicants, or prohibited substances

Under Nevada's drugged and drunk driving laws, you don't need a BAC of 0.08% to face a charge. If other evidence indicates impairment and you are unsafe to drive a vehicle, a law enforcement officer will arrest you.

Per Se DUI Offense

There are two types of DUI offenses in Nevada. One requires that law enforcement show actual impairment. The other only needs a chemical test showing your BAC is above the legal limit. Most of us are aware of a legal limit when we talk about DUIs. In Nevada, this limit is set at 0.08%. If your BAC is at or above this level, the law says you are too intoxicated to operate a vehicle safely.

They do not need to show impairment. You may be driving very well and speaking clearly. But if your BAC is 0.08% or more, you will face a DUI charge. This is a "per se DUI." The term "per se" means "by itself" or "on its own." Used in DUI cases, a chemical test, usually a urine, breath, or blood test, showing a BAC over the legal limit is enough to prosecute you for a DUI.

DUI Drug Offense

Nevada's DUI drug (DUID) law recognizes a legal limit on the amount of certain substances you may have in your system and an intoxication DUID offense. Intoxication can happen from any number of substances, ranging from illegal drugs to over-the-counter medications if they make it unsafe for you to drive.

Cannabis Is No Longer a Per Se Offense

In 2021, Nevada removed cannabis, delta-9-tetrahydrocannabinol (TCH), and its metabolites from its per se DUI law. While Nevada does prohibit anyone from driving with two nanograms per milliliter (ng/ml) of THC or five ng/ml of THC metabolites in their blood. A DUI charge based on THC intoxication must show actual impairment to confront arrest.

Implied Consent Laws

Driving is a privilege. When you drive in the state of Nevada, you agree to follow the law. Under Nevada's implied consent law, by driving in the state, you agree to submit to chemical tests when a police officer suspects you of driving under the influence.

When you're stopped on suspicion of DUI, the police officer will ask you to take a Breathalyzer or breath test. They will also have you take part in field sobriety tests. The results of these tests provide the officer with probable cause to arrest you.

You may refuse the Breathalyzer and field sobriety tests without penalty. However, the police officer may arrest you.

After your arrest, they will ask you to submit to chemical testing of your blood, urine, or breath. You may still refuse these tests, but there are immediate consequences. You will lose your driver's license for one year for a first refusal. The police officer may get a warrant to compel your participation and use reasonable force to get your blood sample. Evidence of your refusal to cooperate can be used against you in court.

DUI Conviction Penalties

When arrested on a DUI charge, you will deal with the criminal justice system and the Nevada Department of Motor Vehicles (DMV). The criminal justice system proceeds with your court case while the DMV handles your driving privileges.

Your criminal case can take longer to resolve. Administrative penalties with the DMV are in effect immediately following your arrest.

Criminal Penalties

Criminal penalties for a DUI conviction are the same regardless of the substance you ingested. All DUI convictions will need to pay a civil penalty.

A first-time DUI conviction, if you are over 21 and no aggravating factors are present, you're charged with a misdemeanor. Your sentence may include:

• $400 to $1,000 fine
• Two days mandatory jail time, with six months possible or
• 48 to 96 hours of community service
• DUI school or substance abuse treatment
• Attend a victim impact panel

A second offense within seven years is also a misdemeanor if your BAC is under 0.18% and no aggravating factors are present. Your sentence may include:

• $750 to $1,000 fine
• 10 days to six months jail time or confinement to residential confinement
• Completion of a substance abuse assessment and treatment program
• Community service
• Attend a victim impact panel

Your third offense within seven years is a felony. Any subsequent DUI offenses have similar sentencing conditions. You face:

• Minimum of one year up to six years in jail
• $2,000 to $5,000 fine
• Complete a substance abuse assessment with recommended treatment
• Attend a victim impact panel

Your penalties will double if your DUI arrest occurs in a work zone or a designated pedestrian safety zone.

Aggravating Factors

Certain aggravating factors will make your DUI more serious.

Causing an accident that results in substantial bodily harm or death is an aggravated felony DUI charge or vehicular homicide. You can face up to 20 years in jail.

Other aggravating factors include:

• Transporting a passenger age 15 or younger
• Having two prior convictions within seven years
• BAC of 0.18% or greater

Driver's License Suspension

Losing your driver's license is one of the first penalties you'll encounter. Your license is immediately suspended when you either refuse chemical tests or if you fail chemical testing by being over the legal limit of alcohol, prohibited substances, or other controlled substances.

When you refuse chemical tests, your license suspension is for one year for a first offense and three years for a second refusal within seven years.

Failing a chemical test will suspend your license for 185 days. A second DUI arrest in seven years suspends your license for one year. A third arrest and your license revocation is for three years.

These suspensions stand regardless of what happens in your criminal case.

Ignition Interlock Device

You can drive during your license suspension if you install an ignition interlock device in your vehicle. An ignition interlock device (IID) is a small appliance that connects to your vehicle's ignition system. You must submit a breath sample into the IID before you can drive. If the IID detects alcohol in your system, your car won't start.

The IID will prompt you to submit additional tests during your drive. IIDs come equipped with cameras to confirm if you are taking the breath test.

For a first offense, you must maintain the IID for 185 days. For a second DUI, the IID must be in use for a minimum of 12 months. If your BAC was 0.18% or greater, your IID condition is one to three years.

Zero Tolerance for Underage DUI

Underage drugged and drunk driving is especially dangerous. Teenagers are more likely to binge drink. Alcohol-related car accidents are a leading cause of death in people under 21.

Nevada has a zero-tolerance law for underage DUIs. Anyone under 21 caught driving with a BAC of 0.02% or more will face a 90-day license suspension. You must complete a DUI education course and substance abuse assessment. If the assessment results recommend treatment, the judge will also order that you complete a treatment program.

You will receive adult penalties if your BAC is 0.08% or more.

Nevada DUI Resources

• Nevada DUI Statutes: Driving under the Influence (NRS §§ 484C.110 et seq); DUI Penalties (NRS § 484C.400)
• Nevada DUI Schools: List of DMV-certified schools for court-ordered plea bargains or sentences (Nevada DMV)
• License Reinstatement: Information on whether and how to reinstate your license following a DUI offense (Nevada DMV)
• Ignition Interlocks: List of approved IID vendors (Nevada DMV)
• Restricted License Information and Application [PDF]: Learn more about the requirements for a restricted license with an application form (Nevada DMV)
• Defenses to Drunk Driving: FindLaw reviews possible defenses to a DUI charge (FindLaw)

Need Help With a Nevada DUI? Contact a DUI Attorney

A DUI arrest is a serious issue. There are both administrative and criminal penalties at stake if you're convicted. A conviction on your record will impact you for many years. 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 defense attorney in Nevada. A DUI lawyer can assess your case and let you know your options moving forward.