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DUI Laws and Penalties in Las Vegas, Nevada

In Nevada, it is considered a criminal offense to drive a motor vehicle while under the influence of alcohol or drugs. Additionally, operating a vehicle with a 0.08% BAC or more is considered a per se DUI. The BAC limit is lower for commercial drivers (0.04%) and drivers under 21 years of age (0.02%).

1st-time offenders are charged with a misdemeanor and may face penalties such as:

  • 2 days to 6 months of jail time or 48 to 96 hours of community service
  • Fines between $400 and $1,000
  • Attending a DUI school
  • Driver’s license suspension for 185 days

However, defendants may be eligible to drive sooner if they install an IID (ignition interlock device) in their vehicle.

According to the DUI laws in Nevada, if you are charged with additional DUIs or DUIs that cause significant bodily harm, the penalties will be more severe. Here are the specific consequences you can face:

DUI Offense (Within Seven Years)Penalties
NRS 484C.400- 1st time DUIMisdemeanor: Driver’s license suspension for 185 days. Installation of an IID for 185 daysFines between $400 and $1,000.Attending and completing DUI School.2 days to 6 months of jail time
NRS 484C.400- 2nd time DUIMisdemeanor: Driver’s license suspension or revocation for one year.Installation of an IID for 1 yearAttending a drug/alcohol dependency evaluation.Fines between $750 and $100010 days to 6 months of jail time or residential confinement
NRS 484C.400- 3rd time DUIClass B Felony: Attending and completing a drug and alcohol evaluation.Driver’s license revocation or suspension for three years.Installation of an IID for 3 yearsFines between $2,000 and $5,0001 to 6 years of prison time
NRS 484C.430- DUI leading to death or injuryCategory B Felony: Driver’s license suspension or revocation for three yearsFines between $5,000 and $2,0002-20 years of prison time
NRS 484C.410- DUI after felony convictionsCategory B Felony: Driver’s license suspension or revocation for three yearsInstallation of an IID for 3 yearsFines between $2,000 and $5,0002-15 years of prison time

1.     Penalties Associated with a First-Time Nevada DUI

It is against the law to operate a vehicle while under the influence or with a high blood alcohol concentration, even if no one is injured. Generally, the defendant is not sentenced to jail if they meet all other state requirements.

When you are found guilty of a first-time DUI offense in Nevada, you can expect to face the following penalties:

  1. 2 days to 6 months of jail time/residential confinement, or 48 to 96 hours of community service while dressed in clothes identifying you as a drunk driver. However, it is common for judges to grant a six-month suspended sentence, meaning you will not serve time behind bars as long as you fulfill the other sentencing listed below:
  2. Attending and completing Nevada DUI School. This program teaches alcohol awareness.
  3. Fines between $400 to $1,000, including court expenses.
  4. Attending a drug/alcohol dependency evaluation ($100) if your BAC is more than 0.18% or you are below the age of 21.
  5. Attending a drug or alcohol abuse treatment program if your BAC was 0.18% or higher.
  6. Installation of an ignition interlock device for 185 days.
  7. The Department of Motor Vehicles may revoke your Driver’s license for 185 days, and you will also be required to pay a $35 civil penalty fee. However, you might still be eligible to drive if you install an ignition interlock device.

Please note that there is a possibility of avoiding imprisonment and having your charge dismissed by enrolling in the Misdemeanor DUI Court program. This is a rigorous rehabilitation program, and not everyone qualifies for it. The court may also require you to wear a SCRAM anklet which detects alcohol in your body.

However, a 1st-time DUI conviction for driving under the influence will stay on your criminal record for 7 years before you can seal it.

2.     Penalties Associated with a Second-Time Nevada DUI

Committing a DUI that doesn’t result in serious harm to others is considered a misdemeanor. However, if it’s the second time the offender is caught, the penalties increase.

That said, listed below are penalties related to a 2nd time Nevada DUI:

  1. 10 days to 6 months of residential confinement or jail time.
  2. Fines between $750 to $1,000, including court expenses.
  3. Attending a drug or alcohol abuse treatment program.
  4. Installation of a breath interlock device for 1 year
  5. The Department of Motor Vehicles may revoke your Driver’s license for 1 year, and you will also be required to pay a $35 civil penalty fee. However, you might still be eligible to drive if you install an ignition interlock device.
  6. $35 civil penalty fee.

Please note that DUI attorneys have the potential to assist you in avoiding incarceration and dismissing your charges by enrolling in the Misdemeanor DUI Court program. This program is a rigorous rehabilitation program, and not everyone qualifies for it. Additionally, you may be required to wear a SCRAM anklet, which detects alcohol in your system.

As with first-time violations, second-time DUI convictions must remain on your criminal record for seven years before being eligible for sealing.

3.     Penalties Associated with a Third-Time Nevada DUI

In Nevada, getting convicted for driving while drunk or under the influence of drugs for the third time within seven years is considered a category B felony, regardless of whether anyone was injured.

That said, penalties associated with a 3rd-time DUI in Nevada include:

  1. 1 to 6 years of jail time in Nevada State Prison, typically in a minimum security facility.
  2. Fines between $2,000 to $5,000.
  3. Installation of a breath interlock device for 3 years
  4. Attending a drug/alcohol dependency evaluation ($100).
  5. The Department of Motor Vehicles may revoke your Driver’s license for 3 years, and you will also be required to pay a $35 civil penalty fee. However, you might still be eligible to drive if you install an ignition interlock device.

Please be aware that the Felony DUI Court program can potentially help you evade a felony conviction and prison sentence. However, not everyone is eligible for this intensive rehabilitation program. In some cases, you may be required to wear a SCRAM anklet that can detect the presence of alcohol in your system.

Additionally, it’s important to note that a third-time conviction for driving under the influence may never be expunged from your criminal record.

4.     Penalties Associated with a DUI Causing Death or Injury

A DUI causing death or injury is considered a Category B felony in Nevada. The fact that you had a clean criminal record before the incident won’t affect the punishment you receive for drugged or drunk driving resulting in death or injury. The penalties outlined in the DUI statute NRS 484C.430 include:

  1. 20 to 2 years of prison time, typically at a minimum-security facility
  2. Fines between $5,000 and $2,000.
  3. Installation of a breath interlock device for 3 years

The judge has the authority to deny probation in place of incarceration. Additionally, causing death or injury while driving under the influence will remain on your criminal record and cannot be removed. If an individual with three previous driving under the influence of drugs or alcohol convictions causes a fatal accident while driving under the influence, they may be charged with vehicular homicide.

This is considered a Category A felony and carries the following penalties:

  1. 25 years to a life sentence with a possibility for parole after 10 years has been served
  2. Installation of a breath interlock device for 3 years

Note that this type of charge (vehicular homicide) cannot be sealed from an individual’s criminal record.

5.     Penalties Associated with a DUI After a Felony DUI

If an individual has a previous felony conviction for driving under the influence of alcohol or drugs and is charged with DUI again, they will be charged with a felony. The severity of their current offense and whether or not there were any injuries will not affect their charges. This is considered a category B felony and carries the following penalties:

  1. 2 to 15 years of prison time, typically at a minimum-security facility.
  2. Installation of a breath interlock device for 3 years
  3. Fines between $2,000 to $5,000.

6.     What if the Driver had a Child in the Vehicle?

If a child under the age of 15 is in the vehicle, Nevada’s drinking and driving laws are stricter. For instance, in a 1st-time drunk driving case, it is considered an aggravating factor in determining the sentencing of the defendant.

7.     Can a Nevada DUI be Dismissed or Reduced?

According to NRS DUI statutes, prosecutors are not allowed to dismiss or reduce DUI charges unless the charge is not supported by probable cause or cannot be proved at the time of trial. Therefore, the primary responsibility of criminal defense attorneys is to present convincing arguments to the prosecutors that their case is weak and has insufficient evidence to win at trial.

In an ideal scenario, a DUI defense lawyer can convince the prosecutor to reduce the charges to reckless driving or drop them entirely. Some of the defenses for a Nevada DUI include proving that:

  • Police officers didn’t have probable cause when making the DUI arrest
  • Police officers didn’t have any reasonable suspicion to make a traffic stop
  • You weren’t in physical control of your care
  • The breath or blood tests were defective or not administered properly
  • The FSTs were administered improperly

8.     How Long Do DUIs Stay on an Individual’s Criminal Record in Nevada?

Misdemeanor DUI convictions in Nevada must remain on your criminal record for seven years before you can request the court to seal them. However, if the charge gets dismissed, it can be sealed immediately. On the other hand, felony DUI convictions cannot be sealed and will remain on your record permanently.

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