DUI Laws & Penalties in Las Vegas, Nevada
Critical Reviews
Facing a DUI charge in Nevada can be a stressful experience. You may be worried about the potential consequences, such as jail time, fines, and the loss of driving privileges.
We understand the gravity of your situation and are here to empower you with information and provide you with the support and guidance you need.
We understand the gravity of your situation and are here to empower you with information and provide you with the support and guidance you need.
DUI Qualifies .
Many people are surprised to learn they can get convicted of DUI in Nevada even if they are driving safely or if their blood alcohol concentration (BAC) is low. In fact, driving an automobile, motorcycle, or other motor vehicle is automatically illegal if either:
You are impaired by alcohol and/or drugs, or You have more than the lawful limit of certain drugs in your blood (called DUI of drugs/DUID), or For commercial drivers, the lawful BAC limit is below .04%. If you are under 21, it is below .02%.
These laws apply everywhere the public has access except private roads and driveways.
First-time DUI Penalties.
Perhaps the most inconvenient consequence of a DUI-1 is the six-month driver’s license revocation. However, the DMV, usually lets you continue driving without interruption if you install an ignition interlock device (IID) in your car.
The following bubble graph illustrates the standard DUI-first punishments:
Nevada DUI penalties
We realize that being prosecuted for DUI can be frightening, but please know that you are not alone. Our experienced DUI defence attorneys are committed to protecting your rights, exploring all available options, and fighting for the best possible outcome in your case.
In this article, our Las Vegas DUI lawyers address the following
1. Jail, Fines, and License Suspensions.
2. Getting a DUI Reduced or Dismissed.
3. Record Seals.
4. Nevada DUI Laws’ 2-hour Rule.
5. The Washout Period.
6. Refusing a Breath or Blood Test.
7. When a Child Is In the Car.
Additional Reading About Nevada DUI Laws.
1. Jail, Fines, and License Suspensions
DUI is a “priorable” crime. This means the punishment gets harsher with each successive offence.In addition, DUIs causing substantial bodily harm are always felonies, even if you have an otherwise clean driving record.The following table spells out the possible criminal sentences under Nevada DUI law.
Nevada DUI Offense.
Penalties.
DUI 1st (in 7 years) – NRS 484C.400 Misdemeanor:
2 days – 6 months in jail (which is usually suspended) or 48 to 96 hours of community service;
$400 – $1,000 plus a $35 civil penalty;
online DUI School;
Victim Impact Panel; and
185-day driver’s license suspension DUI 2nd (in 7 years) – NRS 484C.400
Misdemeanor:
10 days – 6 months in jail (10 days of jail is mandatory);
$750 – $1,000 plus a $35 civil penalty;
Victim Impact Panel;
Alcohol/drug dependency evaluation;
Ignition interlock device (185 days if BAC is less than .18%; 1 to 3 years if BAC is at least .18%); and1-year license suspension
DUI 3rd (in 7 years) – NRS 484C.400 Category B felony:
1 – 6 years in Nevada State Prison;
$2,000 – $5,000 plus a $35 civil penalty;
Victim Impact Panel;
Alcohol/drug dependency evaluation; and 3-year license suspension
DUI causing injury or death – NRS 484C.430 Category B felony:
2 – 20 years in prison; $2,000 – $5,000 plus a $35 civil penalty; and 3-year license suspension
DUI after felony DUI conviction – NRS 484C.410 Category B felony: 2 – 15 years in prison;
$2,000 – $5,000 plus a $35 civil penalty; and 3-year license suspension.
2. Getting a DUI Reduced or Dismissed
1. NRS DUI statutes forbid prosecutors from reducing or dismissing DUI charges unless their case against you is weak.
2 So our job is to show these prosecutors that their evidence has too many holes to hold at trial.
Ideally, we can persuade the prosecutor to dismiss the drunk/drugged charge completely or else reduce the charge to reckless driving. There are various defences, such as:
The blood test or breath test was defective
You were never in actual physical control of the vehicle
The police officer did not have reasonable suspicion to make a traffic stop
Law enforcement did not have probable cause to make a DUI arrest
The field sobriety tests were not administered under NHTSA guidelines (short for the National Highway Traffic Safety Administration)
Prosecutors have the burden to prove your guilt beyond a reasonable doubt should the case go to trial. We can raise a reasonable doubt about just one “element” of the crime, the government may be willing to drop the case.
DUI after felony DUI conviction – NRS 484C.410 Category B felony: 2 – 15 years in prison;
$2,000 – $5,000 plus a $35 civil penalty; and 3-year license suspension.
2. Getting a DUI Reduced or Dismissed
1. NRS DUI statutes forbid prosecutors from reducing or dismissing DUI charges unless their case against you is weak.
2 So our job is to show these prosecutors that their evidence has too many holes to hold at trial.
Ideally, we can persuade the prosecutor to dismiss the drunk/drugged charge completely or else reduce the charge to reckless driving. There are various defences, such as:
The blood test or breath test was defective
You were never in actual physical control of the vehicle
The police officer did not have reasonable suspicion to make a traffic stop
Law enforcement did not have probable cause to make a DUI arrest
The field sobriety tests were not administered under NHTSA guidelines (short for the National Highway Traffic Safety Administration)
Prosecutors have the burden to prove your guilt beyond a reasonable doubt should the case go to trial. We can raise a reasonable doubt about just one “element” of the crime, the government may be willing to drop the case.
“Sleeping DUIs”
A common case we see involves people who know they are too intoxicated to drive and decide to “sleep it off” through the night in their car. Then the police find and wake them, smell that they have been drinking, and arrest them for drunk driving even though they were not driving at all.
In these cases, prosecutors argue that these sleeping defendants:
were in “actual physical control” of the vehicle even though they were not driving when they were found;
were likely driving drunk before they decided to pull over and park; and
can be convicted of DUI even though the police did not witness them driving like in typical drunk driving cases.
We have had great success in getting these “sleeping DUI” cases dismissed if we can show the following:
When the police found you, you were not in the driver’s seat. Perhaps you were in the passenger seat or the backseat instead;
The engine was off, and there was no key in the ignition;
Your car was legally parked when the police found you; and
The evidence indicates that you did not drive the vehicle to that location while impaired.
It is also helpful to your case if your car was parked on private property, and the headlights were off.
The woman was pulled over for drunk driving about to take the preliminary breath test. Nevada DUI laws require a person arrested for DUI to take a blood or breath test.
If you are arrested for a DUI in Nevada, call our criminal defence lawyers in Las Vegas.
In these cases, prosecutors argue that these sleeping defendants:
were in “actual physical control” of the vehicle even though they were not driving when they were found;
were likely driving drunk before they decided to pull over and park; and
can be convicted of DUI even though the police did not witness them driving like in typical drunk driving cases.
We have had great success in getting these “sleeping DUI” cases dismissed if we can show the following:
When the police found you, you were not in the driver’s seat. Perhaps you were in the passenger seat or the backseat instead;
The engine was off, and there was no key in the ignition;
Your car was legally parked when the police found you; and
The evidence indicates that you did not drive the vehicle to that location while impaired.
It is also helpful to your case if your car was parked on private property, and the headlights were off.
The woman was pulled over for drunk driving about to take the preliminary breath test. Nevada DUI laws require a person arrested for DUI to take a blood or breath test.
If you are arrested for a DUI in Nevada, call our criminal defence lawyers in Las Vegas.
3. Record Seals
Misdemeanor DUI convictions must remain on your Nevada criminal record for seven years before you can petition the court for a record seal. Meanwhile, felony DUI convictions are unsealable: They remain on your record forever.
Note that any misdemeanour or felony DUI charge that gets dismissed can be sealed right away. Learn how to seal Nevada DUI records.
Misdemeanor DUI convictions must remain on your Nevada criminal record for seven years before you can petition the court for a record seal. Meanwhile, felony DUI convictions are unsealable: They remain on your record forever.
Note that any misdemeanour or felony DUI charge that gets dismissed can be sealed right away. Learn how to seal Nevada DUI records.
4. Nevada DUI Laws’-hour Rule
The two-hour rule refers to how Nevada courts can convict you of drunk driving if you fail an
evidentiary breath test or evidentiary blood test
within two hours of operating a motor vehicle. It does not matter if you were driving safely at the time.
You were tested for the event after the two-hour window, the court can still consider the results as evidence. The results just will not carry as much weight.
Note that if a breath test, the officer must take two consecutive breath samples. and the results are more than .02% apart, a third sample will be taken.
Meanwhile, if you choose the blood test, the option of paying for a qualified healthcare provider on choice the blood test. We advise you to exercise this right in the hopes that the independent lab shows that your BAC was below the legal limit. This is evidence we can then show to the court.
5. The Washout Period
When Nevada prosecutors determine whether to charge you with a first, second, or subsequent drunk driving offence, they look back only seven years. Any misdemeanour DUIs you may have had more than seven years ago will not count against you.
This means if you have been convicted of any misdemeanour DUIs within the last seven years, they will count as “priors” should you get arrested for driving under the influence again. It does not matter in which U.S. state or territory these past convictions occurred.
This seven-year look-back period applies only to misdemeanour DUIs. Once you get convicted of felony DUI, any subsequent cases are automatically charged as felonies. It does not matter how long ago or where the original felony conviction occurred.
The two-hour rule refers to how Nevada courts can convict you of drunk driving if you fail an
evidentiary breath test or evidentiary blood test
within two hours of operating a motor vehicle. It does not matter if you were driving safely at the time.
You were tested for the event after the two-hour window, the court can still consider the results as evidence. The results just will not carry as much weight.
Note that if a breath test, the officer must take two consecutive breath samples. and the results are more than .02% apart, a third sample will be taken.
Meanwhile, if you choose the blood test, the option of paying for a qualified healthcare provider on choice the blood test. We advise you to exercise this right in the hopes that the independent lab shows that your BAC was below the legal limit. This is evidence we can then show to the court.
5. The Washout Period
When Nevada prosecutors determine whether to charge you with a first, second, or subsequent drunk driving offence, they look back only seven years. Any misdemeanour DUIs you may have had more than seven years ago will not count against you.
This means if you have been convicted of any misdemeanour DUIs within the last seven years, they will count as “priors” should you get arrested for driving under the influence again. It does not matter in which U.S. state or territory these past convictions occurred.
This seven-year look-back period applies only to misdemeanour DUIs. Once you get convicted of felony DUI, any subsequent cases are automatically charged as felonies. It does not matter how long ago or where the original felony conviction occurred.
6. Refusing the Breath or Blood Test
Nevada has an implied consent law. This means that by driving on Nevada roads, you must consent to an evidentiary breath or evidentiary blood test following your DUI arrest.
If you refuse to take a breath or blood test following a DUI arrest, the officer can get a warrant to draw your blood by force. Then should your drunk driving case go to trial, prosecutors can use your refusal as evidence of your guilt.
The most important consequence of a chemical test refusal is that the DMV will suspend your license for one year even if you win your criminal case. (If you have a prior refusal in the past seven years, the suspension will last three years.)
Nevada has an implied consent law. This means that by driving on Nevada roads, you must consent to an evidentiary breath or evidentiary blood test following your DUI arrest.
If you refuse to take a breath or blood test following a DUI arrest, the officer can get a warrant to draw your blood by force. Then should your drunk driving case go to trial, prosecutors can use your refusal as evidence of your guilt.
The most important consequence of a chemical test refusal is that the DMV will suspend your license for one year even if you win your criminal case. (If you have a prior refusal in the past seven years, the suspension will last three years.)
7. The Child Is In the Car
Nevada drinking and driving laws are harsher when there is a child under the age of 15 in the vehicle. For instance, the judge in a first-time drunk driving case may order a maximum fine of $1,000 instead of a lesser fine.
You have a BAC of .08% or greater within 2 hours of driving (called “per se” DUI).
Fortunately, in most first-offence DUI cases, you never have to go to jail if you get convicted. Typically the judge will grant you a six-month suspended sentence: You can remain out of custody as you complete all the other sentencing terms.
You have a BAC of .08% or greater within 2 hours of driving (called “per se” DUI).
Fortunately, in most first-offence DUI cases, you never have to go to jail if you get convicted. Typically the judge will grant you a six-month suspended sentence: You can remain out of custody as you complete all the other sentencing terms.