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

** BAC = blood alcohol content

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

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.

What is the minimum jail time?

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

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.

First Nevada DUI Offense

1st Drunk Driving Conviction

• Jail – From 2 Days to 6 Months
• Fine – From $400 to $1,000
• License Suspension – 90 Days
• Restricted License Possible After Half of Suspension is Served
• Ignition Interlock Device (May be Required for Restricted License)
• Community Service – 96 Hours (If Allowed - Instead of Jail Time
• DUI School Tuition - $150 (Average Cost)
• DUI Program or Treatment (Possible)

More Information: First Offense DUI in Nevada

Second Nevada DUI Offense

2nd Drunk Driving Conviction(Within 7 Years of Previous)

• Jail – From 10 Days to 6 Months
• Fine – From $750 to $1,000
• License Suspension – 1 Year (No Restricted License Possible)
• Community Service – From 100 to 200 Hours
• May be Subject to Vehicle Registration Suspension
• 1 Year Supervised DUI Program or Treatment (Possible)

More Information: Second Offense DUI in Nevada

Important Note from the Editor

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.

Third Nevada DUI Offense

3rd and Subsequent DUI Convictions (Within 7 Years of Previous)

• Prison – From 1 to 6 Years
• Fine – From $2,000 to $5,000
• License Suspension – 3 Years
• Restricted License Possible. Ignition Interlock Device (If Restricted License Allowed)
• May be Subject to Vehicle Registration Suspension
• 3 Year Supervised DUI Program or Treatment (Possible)

More Information: Third Offense DUI in Nevada

Drinking and Driving Laws in Nevada

Nevada Drunk Driving and Wet Reckless Laws - Nolo.com

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.

Drunk Driving Laws in Nevada

State of Nevada BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver - Any Detectable Amount of Alcohol

The Implied Consent Law in Nevada

The implied consent law in Nevada means that drivers in the State of Nevada give their consent to a test of their blood, breath or urine if they are suspected of driving under the influence of alcohol, drugs or both. If you refuse such a test a law enforcement officer may use reasonable force to obtain one of the samples listed above. In addition, the penalty for refusing to submit to a chemical test are equal or greater to failing a chemical test.

State of Nevada Driver Manual - DUI Information - (6 MB Download)

Other Nevada Information on this Website

Teen Driving Laws and Insurance Requirements in Nevada