Nevada DUI Laws

Nevada has a high rate of accident fatalities due to drunk driving. Therefore, Nevada takes drunk driving hazards very seriously and has what is referred to as an implied consent law. Operating a vehicle on Nevada roads is your agreement to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). Refusal to be tested can result in penalties which are consistent with the drinking and driving laws of the state. Your penalties may be equal to or greater than the penalties you would have received for failing a chemical test. The officer arresting you may use the necessary force to get the evidence via a chemical test for your arrest. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. These penalties will include the jail time, community service, suspended license and the ignition interlock device (IID) installed on your vehicle, assessments, fees, and fines. Nevada does not differentiate between the influence of alcohol, illegal drugs, and prescription medications when it comes to DUI’s. Driving under the influence of anything will result in and arrest.

It is considered a crime in Nevada to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher although you can be arrested for a BAC of less than .08 if you demonstrate symptoms of inebreation. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 to 0.20% will include more jail time, harsher fines, and driver’s license sanctions.

Nevada law states that drivers under 21 may not be 0.02% or more. With the new zero tolerance laws, this percentage comes down to anything more than 0.0%. Over the counter cough medicine can put you over the limit. DUI’s will be issued to persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more. But don’t forget that in the state of Nevada, a DUI can be issued for a BAC of less than .08%.



The first conviction will result in 2 days to 6 months of jail time and $400.00 to $1,000.00 in fines. Your license will also be suspended for 9 months. You may be able to get a restricted license after you have served half of your suspension but you may be required to install the Ignition Interlock Device (IID) on your vehicle as part of the requirements for the restricted license. You may be required to attend DUI school at the cost of $150.00 or a DUI treatment or program as well as serve 96 hours of Community Service in the place of your jail sentence. SR-22 insurance may also be required.

The second conviction within seven years of the first will result in 10 days to 6 months of jail time and $750.00 to $1,000.00 in fines. Your license will also be suspended for one year with no option for a restricted license. You will serve 100 to 200 hours of community service and attend one year of a supervised DUI program or treatment. You may also receive vehicle registration suspension which means you will not be allowed to register a vehicle in the state of Nevada.

The third conviction within seven years of the second will result in 1 to 6 years of prison time and $2,000.00 to $5,000.00 in fines. Your license will also be suspended for three years. You might be able to eventually get a restricted license with the IID installed on your vehicle. You may be required to attend three years of a supervised DUI program or treatment. You may also receive vehicle registration suspension for three years which means you will not be allowed to register a vehicle in the state of Nevada.