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In the state of Nevada, the Blood Alcohol Concentration (BAC) test is used as a metric of alcohol intoxication. BAC is measured as a simple percent of alcohol in the blood by weight.

Table shows the legal limit for DUI in Nevada.

Nevada BACLimits
Drivers Under the Age of 210.02%
Commercial License Holders0.04%
Everyone Else0.08%

The BAC applies only to alcohol. If any detectable amount of an illegal substance (e.g., cocaine or marijuana) is found in your blood, you may receive a greater penalty than you would for an alcohol.

Via – Facing DUI Charges in Las Vegas, Nevada

 

HOW TO IDENTIFY IF THE PERSON IS DRIVING UNDER THE INFLUENCE

  • the defendant’s driving was impaired by alcohol or drugs, OR
  • the defendant had a Blood Alcohol Content (BAC) of 0.08, OR
  • the defendant’s blood contained more than the maximum amount allowed of various illegal and prescription drugs (learn more at our article on Nevada drugged driving laws)

In other words, it is unlawful for someone to drive drunk on alcohol or high on drugs. Even if the driver is not impaired and is driving safely, it is still per se illegal to drive with a BAC of 0.08 or above or with too much of certain drugs in his/her blood.

Via – 1st Time DUI in Nevada Explained by Las Vegas Criminal Defense Attorneys

 

If BAC goes beyond 0.18 you will have to face a Special Condition:

If your first DUI conviction involves a breath or blood alcohol reading that was .18 or higher, then the court will normally impose:

  • A DUI Assessment Program that requires a $100 fee;
  • The Victim Impact Panel that requires a $40.00 fee; and
  • The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for twelve to thirty-six months;
  • Even if your breath or blood alcohol concentration was below .18, the court may order the Breath Interlock Device for 3 months to 6 months.
  • Based on the DUI assessment given in the DUI Assessment Program, the court will impose extensive counseling to address drug or alcohol issues.

Via – What Are The Penalties For A DUI Conviction

 

las-vegas-dui-defense-attorney

THE PENALTIES YOU WILL RECEIVE FOR DUI IN NEVADA

The DUI penalties you will receive for a DUI in Nevada vary depending on the severity of your DUI offense.  Nevada utilizes a minimum-maximum penalty system for the primary DUI penalties.  DUI penalties range from jail time to intervention counseling classes.

Mandatory and potential DUI penalties include: prison time (for felony DUI cases), jail time, house arrest, fines, online “DUI School,” victim impact panels, counseling, alcohol monitoring (breath ignition interlock devices, S.C.R.A.M. bracelets/anklets (“Secure Continuous Remote Alcohol Monitoring”), in-home alcohol monitoring systems and random alcohol testing through the Courts), DUI Coroner’s Program, “Level II” traffic school, community service, administrative fees, victim fund assessments, loss of driving privileges, restitution and “stay out of trouble” terms.

Via – NEVADA DUI FAQ’S

 

The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past SEVEN (7) years. The 7-year period is calculated from the prior arrest date to the current arrest date.

NOTE: If you have a prior DUI conviction that falls outside of the seven (7) year period, the prosecutor and court may still consider that prior conviction. However, the maximum sentence and minimum mandatory provisions under Nevada law still remain the same as a first lifetime DUI.

Via – DUI Defense Attorney for a First DUI in Las Vegas, Nevada

 

DUI Penalties – First Offense Misdemeanor

Minimum SentenceMaximum Sentence
2 Days in Jail or 48 hours of community service6 Months in Jail or 96 hours of community service
$400 Fine$1,000 Fine
Attend Victim Impact PanelAttend Victim Impact Panel
DUI SchoolDUI School
$60 Chemical Analysis Fee$60 Chemical Analysis Fee
$35 DMV Civil Penalty$35 DMV Civil Penalty
Alcohol Treatment Program if BAC 0.18 or moreAlcohol Treatment Program if BAC 0.18 or more
90 Day Driver’s License Revocation90 Day Driver’s License Revocation
$125 Driver’s License Reinstatement Fee$125 Driver’s License Reinstatement Fee
Ignition Interlock Device for 3 Months (Court’s discretion if BAC is 0.17 or lower)Ignition Interlock Device for 6 Months (Court’s discretion if BAC is 0.17 or lower)

 

DUI Penalties – Second Offense Misdemeanor

The DUI is enhanced to a “second offense” if a prior DUI offense
was committed in the preceding 7 years.

Minimum SentenceMaximum Sentence
10 Days in Jail or residential confinement for 10 days6 Months in Jail or residential confinement for 6 months
$750 Fine$1,000 Fine
Attend Victim Impact PanelAttend Victim Impact Panel
DUI SchoolDUI School
$60 Chemical Analysis Fee$60 Chemical Analysis Fee
$35 DMV Civil Penalty$35 DMV Civil Penalty
Alcohol Treatment ProgramAlcohol Treatment Program
1 Year Driver’s License Revocation1 Year Driver’s License Revocation
$125 Driver’s License Reinstatement Fee$125 Driver’s License Reinstatement Fee
Ignition Interlock Device for 3 Months (Court’s discretion if BAC is 0.17 or lower)Ignition Interlock Device for 6 Months (Court’s discretion if BAC is 0.17 or lower)

 

DUI Penalties – Third Offense Category B Felony

The DUI is enhanced to a “third offense” if 2 prior DUI offenses
were committed in the preceding 7 years.

Minimum SentenceMaximum Sentence
1 Year in prison6 Years in Prison
$2,000 Fine$5,000 Fine
Attend Victim Impact PanelAttend Victim Impact Panel
$60 Chemical Analysis Fee$60 Chemical Analysis Fee
$35 DMV Civil Penalty$35 DMV Civil Penalty
3 Year Driver’s License Revocation3 Year Driver’s License Revocation
$125 Driver’s License Reinstatement Fee$125 Driver’s License Reinstatement Fee
Ignition Interlock Device for 12 MonthsIgnition Interlock Device for 36 Months

 

BUT WHAT IS THE PUNISHMENT FOR A DUI THAT WOULD CAUSE INJURY OR EVEN DEATH?

If an intoxicated driver causes an accident that brings injury or death to another person, the driver faces a more serious Category B felony. The punishment ranges from 2 to 20 years in state prison with fines ranging from $2,000 to $5,000.

Moreover, state DUI law limits the discretion of prosecutors to “plea bargain” these charges down, unless the evidence is weak. Again, a person imprisoned for Nevada DUI causing injury or death is to be segregated from more violent offenders.

Via – DUI Penalties in Nevada Explained by Las Vegas DUI Defense Lawyers

 

IT IS ALSO IMPORTANT FOR THE DEFENDANT TO KNOW OTHER OPTIONS FOR PLEA BARGAINS AND RECORD SEALS

Sometimes it may be possible for a defense attorney to persuade the D.A. to reduce a DUI first to the Nevada crime of reckless driving. The judge will typically impose the same penalties for reckless driving as for a DUI first. However, getting a reckless driving conviction is superior to getting a DUI conviction in four main ways:

  1. If the defendant ever gets arrested for DUI again, the reckless driving conviction will not count as a previous DUI conviction. Therefore, the defendant will face prosecution for only a DUI first and not a DUI second, which carries much harsher penalties.
  2. Having a reckless driving conviction carries less of a social stigma than having a DUI conviction.  Therefore, prospective employers are less likely to pass over people for a job if they show only a reckless driving conviction and not a DUI.
  3. A reckless driving conviction does not cause an automatic license suspension like a DUI first does. (However, it will add 8 demerit points to the defendant’s driver’s license.)
  4. Finally, a defendant may petition to have a reckless driving conviction sealed from their criminal record after only two (2) years from the time the case is closed. In contrast, DUI Firsts may not be sealed until after seven (7) years have passed from the case closing. (Learn more about sealing criminal records in Nevada.)

Via – 1st Time DUI in Nevada Explained by Las Vegas Criminal Defense Attorneys

 

 

DUI Penalties in Las Vegas
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