A Complete Guide to Nevada DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Nevada DUI Laws: From First Offense to Felony Charges

Introduction

Nevada, often referred to as the "Silver State," has some of the strictest and most comprehensive laws against impaired driving, officially known as "Driving Under the Influence" (DUI). These laws are rigorously enforced through both criminal penalties and administrative actions by the Nevada Department of Motor Vehicles (DMV). The objective is to deter individuals from operating vehicles while affected by alcohol or drugs, thereby enhancing public safety on the state's roads. Penalties for DUI in Nevada are severe, escalating significantly for repeat offenses, higher Blood Alcohol Content (BAC) levels, or those involving aggravating circumstances such as serious injury or death. Understanding these regulations is crucial for anyone driving in Nevada.

The General Framework of Nevada DUI Laws

In Nevada, a person commits the offense of DUI if they are driving or in actual physical control of a vehicle while:

Under the influence of intoxicating liquor;
Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more (this is a "per se" violation, meaning no other evidence of impairment is needed);
Under the influence of a controlled substance;
Under the combined influence of intoxicating liquor and a controlled substance; or,
Under the influence of a "prohibited substance" (e.g., specific amounts of marijuana metabolites).

Need a lawyer in your state?

Check out our 'finding a lawyer' page

Per Se DUI Law: Nevada operates under a "per se" law for alcohol impairment. If your BAC is at or above the legal limit, you are legally presumed to be under the influence, regardless of whether your driving appears affected.

For drivers 21 and older: The legal BAC limit is $0.08%$ .
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): If a driver under 21 has a BAC of $0.02%$ or more, they face a DUI charge under Nevada's zero-tolerance law, leading to specific administrative and criminal penalties. If their BAC is $0.08%$ or higher, they also face the same penalties as an adult.

Even if your BAC is below the specific "per se" limits, you can still face DUI charges if law enforcement can prove that your driving ability was "impaired" by alcohol or drugs based on observations, field sobriety tests, or other evidence.

Implied Consent Law

Nevada has a robust implied consent law (NRS 484C.160). By operating a motor vehicle on Nevada's public roads, you are legally deemed to have given your consent to an evidentiary chemical test (blood, breath, or urine) to determine the concentration of alcohol or the presence of drugs in your system if a law enforcement officer has reasonable grounds to suspect impairment and lawfully arrests you for DUI.

Refusal to Test: Refusing to submit to an evidentiary chemical test after a lawful arrest for DUI in Nevada carries immediate and severe administrative penalties from the Nevada DMV, separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: Automatic 1-year driver's license revocation.
Second refusal (within 7 years): Automatic 3-year driver's license revocation.

These administrative revocations take effect immediately upon notice. While you have the right to refuse, law enforcement can typically obtain a search warrant to compel a blood draw if you refuse. Refusing a test is generally not recommended as it complicates your case and still leads to significant license penalties.

Nevada DUI Statistics

Impaired driving remains a significant public safety concern in Nevada. According to recent data:

In 2022, there were 233 impaired driving fatalities in Nevada.
Alcohol-related incidents make up 6.8% of all crashes in Nevada but account for a disproportionately high 27.2% of traffic deaths.
In 2023, the Nevada Office of Traffic Safety (OTS) reported 560 DUI arrests and 1,204 field sobriety tests (FSTs) conducted statewide.
Between 2018 and 2023, drunk driving accidents in Nevada increased by 35.25%, peaking in 2022 with 2,456 accidents.
Las Vegas accounts for a majority of alcohol-related crashes, deaths, and injuries in the state.

These statistics underscore the ongoing efforts to combat impaired driving and the serious risks it poses in the state.

Penalties for DUI in Nevada

Nevada's DUI penalties are substantial and become significantly more severe with each subsequent conviction. Nevada uses a 7-year "look-back" period to determine if a DUI offense is a repeat offense (from the date of the first offense to the date of the new offense). However, any prior felony DUI conviction will result in any subsequent DUI being charged as a felony, regardless of time passed.

First Offense DUI (Misdemeanor)

For a first-time DUI conviction in Nevada (no prior DUI convictions within the last 7 years):

Jail Time: 2 days to 6 months, OR 48 to 96 hours of community service (wearing "distinctive garb" in some jurisdictions).
- Note: The court may allow community service as an alternative to jail.
Fines: $400 to $1,000, plus court costs and fees (including a $60 chemical testing fee and $100 DUI fee).
License Revocation: 185 days.
- Restricted License (with Ignition Interlock Device - IID): Generally eligible to apply for a restricted license after 45 days of "hard" suspension, requiring mandatory Ignition Interlock Device (IID) installation for the remainder of the revocation period (minimum 6 months).
DUI School: Mandatory completion of an approved DUI education course.
Victim Impact Panel: Mandatory attendance at a Victim Impact Panel (e.g., MADD).
Alcohol Evaluation: If BAC was $0.18%$ or higher, or if the offender is under 21, a substance abuse evaluation is mandatory, and recommended treatment must be completed.
SR-22 Insurance: Required for three years.
First Offense Aggravated DUI (BAC $0.18%$ or greater):
- Same general penalties, but mandatory alcohol evaluation and a judge will typically order IID for 1 to 3 years.

Second Offense DUI (within 7 years - Misdemeanor)

Jail Time: 10 days to 6 months imprisonment (can be house arrest). Mandatory minimum 10 days jail.
Fines: $750 to $1,000, plus court costs and fees.
Community Service: 96 to 200 hours (may be an alternative to some jail time).
License Revocation: 1 year.
- Ignition Interlock Device (IID): Mandatory installation for 1 to 3 years upon license reinstatement. (No restricted license during the 1-year revocation period).
DUI School & Treatment: Mandatory completion of a more intensive DUI education program and an approved alcohol/drug treatment program.
Victim Impact Panel: Mandatory attendance.
Vehicle Registration Suspension: 5-day suspension of vehicle registration.

Third Offense DUI (within 7 years - Category B Felony)

Prison Time: 1 to 6 years in Nevada State Prison. Non-probationable.
Fines: $2,000 to $5,000.
License Revocation: 3 years.
- Ignition Interlock Device (IID): Mandatory installation for 1 to 3 years upon license reinstatement.
Alcohol Treatment Program: Mandatory participation in an inpatient or outpatient treatment program.
Felony DUI Court: May be required to participate in felony DUI court for up to 5 years, with mandatory counseling and court appearances.
Felony Criminal Record: A permanent felony conviction with severe lifelong implications for employment, housing, and other civil rights.

DUI Causing Serious Bodily Harm or Death (Category B Felony)

This applies regardless of whether it is a first or subsequent offense.

Prison Time: 2 to 20 years in Nevada State Prison. No probation allowed.
Fines: $2,000 to $5,000.
License Revocation: 3 years or more.
Restitution: Payment to the victim or victim's family for medical expenses, lost wages, and other damages.
Felony Criminal Record: Permanent felony conviction.
Vehicular Homicide (with prior DUI convictions): If a person with prior DUI convictions causes a fatal accident, it can be a Category A felony, carrying 25 years to life imprisonment, with the possibility of parole after 10 years.

Other Significant Penalties:

Under 21 DUI (BAC $0.02%$ to $0.08%$ ):
- First offense: 90-day license suspension, fine, substance abuse education.
- Repeat offenses lead to longer suspensions and more intensive treatment.
Driving While License Suspended/Revoked for DUI: This is a separate criminal offense with mandatory jail time (minimum 30 days to 6 months) or residential confinement (60 days to 6 months) and a fine of $500 to $1,000.
SR-22 Insurance: Required for most DUI convictions, leading to significantly higher insurance premiums for several years.
Collateral Consequences: A DUI conviction can lead to social stigma, professional license loss (for certain professions), immigration complications, and child custody issues.

Conclusion

Nevada's DUI laws are among the strictest in the United States, utilizing a 7-year look-back period for misdemeanor enhancements and a lifetime look-back for felony offenses. The combination of mandatory jail time, substantial fines, lengthy license revocations (often with mandatory Ignition Interlock Device installation), and the severe felony consequences for repeat or aggravated offenses underscores the state's unwavering commitment to combating impaired driving. Understanding the "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the significant penalties for refusal), and the impact of aggravating factors (especially high BAC or causing injury/death) is paramount for every driver in Nevada. For anyone facing a DUI charge in the Silver State, immediate consultation with an experienced Nevada DUI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

From another state?

Check out our 'Laws by state' page

Search This Blog

DUI Legal Information & Support