In Nevada, it's illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Generally, you can be convicted of DUI if you drive:
In other words, a DUI conviction can be based on actual intoxication or an excessive BAC level.
Nevada's felony DUI law imposes harsher penalties for certain DUI offenses. A DUI is a class B felony when the offender drives under the influence:
Causing the death of another person while driving under the influence could also lead to vehicular manslaughter charges in Nevada.
"Administrative penalties" are those imposed by the Nevada Department of Motor Vehicles (DMV). If the test you've taken after the arrest indicates a BAC of at least .08% or drugs in your system without a valid prescription or refuse to take these tests, you'll lose your license. For a first DUI, the administrative penalties include:
If the DMV revokes your license for the reasons above, you can request a hearing in writing to challenge the revocation. The benefit of requesting a hearing is that the DMV may issue you a temporary driver's license that allows you to drive while the DMV conducts its review. With a temporary license, you are not required to install an ignition interlock device (IID) as a condition for driving.
If you don't request a hearing in writing, you forfeit your right to challenge an administrative suspension.
If you are ultimately convicted of DUI in criminal court, the DMV will revoke your license for an additional 185 days.
"Criminal penalties" are those that a court imposes once a driver is convicted of DUI. For a first DUI, the criminal penalties include:
A first-time DUI offender found guilty of DUI may apply with the court to undergo a treatment program prior to sentencing. If accepted, the judge will suspend the driver's sentence for up to three years to allow time for the driver to successfully complete the treatment program. Also, these drivers qualify to get their license back in half the time.
To be eligible, a driver must:
Once the driver successfully completes treatment, the judge will reduce the driver's sentence to either the one day in jail already served or the 24 hours of community service already performed, and limit the fine to $400.