Nevada officially uses the term "driving under the influence" (DUI) instead of "driving while intoxicated" (DWI). But there are still quite a few people that use DWI and DUI interchangeably when talking about driving under the influence of alcohol or drugs.
Nevada's DUI laws prohibit all motorists from operating a motor vehicle:
A person is considered "under the influence" if is impaired to the degree that the person cannot safely drive.
The BAC limit is lower for commercial drivers and drivers who are under the age of 21. Commercial drivers can get a DUI for a BAC of .04% or more and underage drivers can be cited for operating a vehicle with a BAC of .02% or more.
In addition to driving or operating a car, a person is prohibited from being in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more. The policy behind this law is to prevent drunk driving before it starts.
A judge or jury might consider the following evidence in determining whether a driver was in actual physical control of a vehicle:
Every situation is different. So, you should always consult an experienced DUI attorney about your case.
In Nevada, a driver is not considered to be in actual physical control of a vehicle if all of the following apply:
When these factors do apply, it's sometimes called the "sleeping-it-off" defense.
Nevada DUI penalties vary depending on the facts of the case. For the most part, the penalty ranges are determined by how many prior convictions the person has. The chart below provides potential sentences for a first, second, and third DUI conviction. The "look-back" period for determining whether a DUI is a second or subsequent offense is seven years.
1st Offense | 2nd Offense | ||
Jail |
180-day maximum (mandatory 2 days in jail or 48 to 96 hours community service) | 180-day maximum (mandatory 10 days in jail or home confinement) | 1 to 6 years in prison |
Fines |
$400 minimum |
$750 minimum (or equivalent number of community service hours) |
$2,000 minimum |
License Revocation |
At least 185 days |
1 year |
3 years |
185 days |
1 year |
3 years |
Under Nevada's "implied consent" laws, all drivers lawfully arrested for a DUI are required to submit to a blood, urine, or breath test. A refusal will result in the following license suspensions periods.
1st Offense |
2nd or Subsequent Offense |
|
License Revocation |
1 year |
3 years |
For purposes of determining what is a second subsequent refusal, all prior DUI convictions, refusals, and failed BAC tests (.08% or greater) within the past seven years are counted.