Nevada Drunk Driving Fines & Penalties

Learn about the penalties for a DUI conviction in Nevada.

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What are the penalties for a DUI in Nevada?


1st Offense

2nd Offense

3rd Offense

Jail

2 days to 6 months

10 days to 6 months

1 to 6 years

Fines and Penalties

$400 to $1,000

$750 to $1,000

$2,000 to $5,000

License Suspension

90 days

1 year

3 years

IID** Required

Possible

Possible

Yes

Lookback Period: 7 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI in Nevada?

Under 21

.02%

21 or older

.08%

Commercial no minimum

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn't let any results encourage you to drink and drive.

What if you refuse to take a chemical test in Nevada?

Nevada has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Nevada’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

Can you plead to a lesser offense than DUI in Nevada?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Nevada, but it's possible a lawyer may be able to create a plea bargain for you.

Drinking and Driving Laws in Nevada

The State of Nevada prohibits driving with a blood alcohol concentration (BAC) of .08 percent or above. The .08 BAC standard is the measurement used across the United States for the "impaired" driver. Nevada has lower limits for drivers under the age of 21 and commercial drivers. In addition to alcohol, drivers can also be arrested and convicted of driving under the influence with a score lower than .08 if they are found to be under the influence of controlled or prohibited substances such as marijuana, cocaine, barbiturates, and other drugs.

How many drinks does it take to reach the legal limit in Nevada? It is difficult to determine the exact number of drinks a driver needs to reach the .08 limit. Each individual has unique physical characteristics such as weight, sex, and body-fat percentage that play a role in the BAC equation. Some studies have shown that individuals may experience a .05 percent BAC increase for each drink taken. There are also charts and calculators that can be used as a reference, however these devices should not be used as the determining factor when considering drinking and driving.

The best answer is not to drink and drive. The State of Nevada has strict laws for drunk driving, and when you drink and drive in Nevada, you risk your freedom, finances and your future.

The first drunk driving conviction in Nevada will cost you between $400 up to $1,000. You will be placed in jail for 2 days up to 6 months, or you will be ordered to serve 96 hours of community service.

Your drivers license will be suspended for 90 days. After half of your drivers license suspension has passed, the court may allow you to drive with a restricted license for the remainder of your sentence. You will also be ordered to attend a DUI school at your own expense, and you may also be ordered to attend a alcohol treatment program if your BAC was .08 or above.

If your second drunk driving conviction was within 7 years of the previous DUI, your drivers license will be suspended for 1 year without the possibility of a restricted license being issued to you. You will also be ordered to jail or residential confinement from 10 days to 6 months.

The fine for your second DUI will be from $750-$1,000 and you will be ordered to serve from 100 to 200 hours of community service. The court may suspend the registration of your vehicle and you may also be placed under clinical supervision of a treatment facility for up to 1 year.

If you are convicted for drunk driving a third time within 7 years of your previous conviction your drivers license will be revoked for 3 years. You will also be sentenced to prison from 1 to 6 years and fined from $2,000-$5,000. Your vehicle registration could be suspended and you may be ordered to attend a alcohol treatment program for a minimum of 3 years.

by: , Attorney

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