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Nevada DUI Information

"Per Se" BAC Level: 0.8
"Zero Tolerance" BAC Level: 0.2
Enhanced Penalty BAC Level:.18
"Implied Consent" Law: yes

Administrative License Suspension/Revocation (1st/2nd/3rd Offense) :90d/ 1y/ 3y
Mandatory Alcohol Education and Treatment/Assessment: Both - in limited circumstances
Vehicle Confiscation Possible?: No
Ignition Interlock Device Possible?: Yes

Nevada is an implied consent state. This means that with the issuance of your driver’s license you agree to give a blood or breath test sample if stopped for suspicion of Nevada DUI (Driving Under the Influence). Nevada police are able to use force to take a blood sample to determine Blood Alcohol Content (BAC). If you register a BAC of .08 or higher you will be arrested for Nevada DUI. You can also be arrested for refusing to submit to the test.
If charged with a Nevada DUI, your driver's license will be suspended. You will be given a temporary license valid for 7 days. Within those seven days you must request a hearing to contest the suspension. If you do not, your license will remain suspended and the temporary license will expire. If you are not a Nevada resident when charged with DUI, the Nevada police cannot take your license. They will issue a notice to your resident state of the DUI arrest.
Both residents and non-residents of Nevada will face an arraignment in criminal court for the DUI arrest.

Penalties for DUI in Nevada
The penalties for driving under the influence depend on whether one has had a DUI conviction within the past SEVEN (7) years. The 7-year "washout" period is calculated from the prior DUI arrest date to the current DUI arrest date.
CONVICTION: A person that pleads no contest, pleads guilty or is found guilty at trial is subject to the following judicial penalties:

DUI FIRST OFFENSE:
JAIL: 48 hours up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time. FINES AND ASSESSMENTS: A minimum of $340.00 to a maximum of $1,175.00 (DUI fines and assessments). SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a 1st offense DUI results in a 90-day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after 45 days have passed. OTHER PENALTIES: The Court will always impose the requirement that you attend an 8-hour course of DUI school, a DUI assessment program with a $100.00 fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $40.00 fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three to six months.

DUI SECOND OFFENSE:
JAIL: Minimum of TEN (10) days up to SIX (6) months. FINES AND ASSESSMENTS: Fines and assessments of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00). LOSS OF LICENSE: ONE (1) year OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, DUI assessment program, treatment program, Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a THIRTY-FIVE DOLLAR ($35.00) civil penalty to the Department of Motor Vehicles. top

DUI THIRD OR SUBSEQUENT OFFENSE:
Conviction of three or more DUI's within SEVEN (7) years of the date of the first DUI arrest is a FELONY.

JAIL: A minimum of ONE (1) year to SIX (6) years in a Nevada State Prison.
FINES AND ASSESSMENTS: TWO THOUSAND EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND EIGHTY-FIVE DOLLARS ($5,085.00).
LOSS OF LICENSE: THREE (3) years

OTHER PENALTIES: Breath interlock device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, THIRTY-FIVE DOLLARS ($35.00) civil penalties to the Department of Motor Vehicles.

DRUG OFFENSES IN DUI CASES: While a DUI offense involving drugs may be prosecuted by the State as a misdemeanor, beyond the misdemeanor DUI/ Drugs penalties set forth above, Nevada law specifies that possessing ANY amount of a controlled substance, for instance marijuana or cocaine, is a felony.
DRIVING WHILE YOUR LICENSE IS SUSPENDED: If your license is suspended or revoked due to a DUI, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. You also could be ordered to pay a $1,000 fine and lose your driver's license for an additional year, without the opportunity to have a restricted license for driving to and from work.
DUI ACCIDENT THAT RESULTS IN DEATH OR SUBSTANTIAL BODILY HARM: If you are convicted of a DUI offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first DUI. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE THOUSAND DOLLARS ($5,000).

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