Nevada's DUI laws prohibit driving or being in actual physical control of a vehicle:
A driver is considered "under the influence" if impaired to the point where he or she can't safely drive.
A DUI is a class B felony if, in addition to driving under the influence, the motorist:
Felony DUIs carry more severe consequences than do other DUI offenses.
In Nevada, a DUI arrest can lead to "administrative penalties" that are imposed by the Nevada Department of Motor Vehicles (DMV). The DMV will revoke the license of any driver who tests with a BAC of at least .08% (or any amount of drugs without having a valid prescription) or refuses BAC testing. For a second 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. (If you don't request a hearing, you forfeit the right to challenge an administrative suspension.) The upside to this the DMV may issue you a temporary driver's license that allows you to drive while the DMV conducts its review. An ignition interlock device is not required for driving with a temporary license.
If you are convicted of DUI in criminal court, the DMV will revoke your license for one year.
"Criminal penalties" are imposed by the court once a driver is convicted of DUI. For a second DUI, the criminal penalties include:
A DUI offender who causes the death of another person could also face vehicular manslaughter charges in Nevada.
A second-time DUI offender can apply with the court to participate in a treatment program prior to sentencing. If accepted, the driver's sentence is suspended for three years to allow the driver time to complete treatment. 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 won't have the driver serve any additional jail time. Also, the driver's fine is limited to $750.