Driving Under the Influence (DUI)

  • Under Nevada Law, it is against the law to drive or have actual physical control of a motor vehicle on a highway or on premises to which the public has access whiles under the influence of intoxicating liquor, controlled or prohibited substance.
  • Or while having a concentration of 0.08 or more in blood or breath within two hours of driving or being The legal limit for alcohol in Nevada is a .08 but driver’s can be charged for having any amount of alcohol in their system if it impaired their ability to drive safely.

1st Offense

A first time DUI with no death or serious injuries is a misdemeanor in Nevada.

The statutory penalties are:

  • A minimum of 2 days of jail time, up to 6 months in jail;
  • Fines in the amount of $400 to $1000 plus administrative assessments and court costs;
  • Completion of DUI School (8 hour class);
  • An in person Victim Impact Panel;
  • If the Defendant’s BAC was a 0.18 or greater, the judge will also order an alcohol/drug dependency evaluation with will cost $100, depending on the results of the evaluation the court can order an alcohol or drug abuse treatment program and order a breath interlock device on the defendant’s car;
  • A license suspension for 90 days.

3rd Offense

A third offense DUI within a period of seven years is a Category B Felony in Nevada.

The statutory penalties are:

  • Incarceration in the Nevada State Prison for a non-probationable sentence of at least 1 year, but not more than 6 years; a fine of $2,000 to $5,000 in addition to fees and assessments;
  • The Court must order a breath interlock device to be installed for not less than 12 months nor more than 36 months upon release from prison;
  • License suspension for at least 3 years;
  • Registration suspension for at least 5 days.

2nd Offense

A second DUI within a period of seven years, is still a misdemeanor in Nevada but with higher penalties than a first offense.

The statutory penalties are:

  • A minimum of 10 days of jail time, up to 6 months in jail;
  • Fines in the amount of $750 to $1000 plus administrative assessments and court costs;
  • Completion of DUI School (8 hour class);
  • An in person Victim Impact Panel;
  • An alcohol/drug dependency evaluation which will cost $100;
  • If the Defendant’s BAC was a 0.18 or greater, the judge must order a Breath Interlock Device for a period of 12 months nor more than 36 months;
  • A license suspension for 1 year.

DUI Death or Substantial Bodily Harm

  • A DUI resulting in substantial bodily harm or death is a Category B Felony. The punishment ranges from 2 to 15 years, with fines ranging from $2,000 to $5,000.
  • Nevada Vehicular Homicide is charged only when someone’s drunk driving causes a fatality and that person has three previous DUI convictions. It is a category A felony carrying twenty-five years in prison or a life sentence, with the possibility of parole after 10 years.