Overview of DUI Law in Nevada

Nevada Revised Statute Chapter 484C includes the majority of Nevada laws related to driving under the influence of alcohol or drugs.

 

When a person is suspected of driving under the influence in Nevada, they may be asked to submit to a breath or blood test. The purpose of these tests is to determine a person’s Blood Alcohol Content or BAC. Nevada law prohibits driving with a BAC of .08% or greater within two hours of driving.

 

In addition to prohibiting driving under the influence of alcohol, Nevada law also prohibits driving under the influence of drugs. The list of prohibited substances includes but is not limited to marijuana, opiates (e.g. heroin), stimulants (e.g. cocaine), hallucinogens (e.g. LSD), and certain prescription medications.

 

 

1. What are the potential penalties for a first DUI?

In Nevada, a person who is arrested for a first DUI (and who did not cause death or substantial bodily harm) faces a potential misdemeanor pursuant to NRS 484C.400. The court may order the defendant to serve between two days and six months in jail, pay fines of up to $1,000, complete DUI school, participate in a victim impact panel, attend a coroner’s class, and pay restitution to any victim.

 

In addition, the Nevada Department of Motor vehicle may suspend a defendant’s license for 185 days (although defendants may qualify for a restricted license in lieu of suspension if they install a breath interlock device on their vehicle).

 

Additionally, if a defendant’s blood alcohol content was greater than 0.18%, they will be required to undergo an alcohol/drug evaluation and install and maintain a breath interlock device on any vehicle they drive for 1-3 years.

 

 

2. What are the potential penalties for a second DUI?

In Nevada, a person who is arrested for a second DUI (and who did not cause death or substantial bodily harm) faces a potential misdemeanor pursuant to NRS 484C.400. The court may order the defendant to serve between ten days and six months in jail, pay fines of up to $1,000, complete DUI school, participate in a victim impact panel, and attend a coroner’s class. The court may also order the Defendant to undergo an alcohol/drug evaluation and to pay restitution to any victim.

 

In addition, the Nevada Department of Motor vehicle may suspend a defendant’s license for a full year.

 

Additionally, if a defendant’s blood alcohol content was greater than 0.18%, they will be required to install and maintain a breath interlock device on any vehicle they drive for 1-3 years.

 

 

 

3. What are the potential penalties for a third DUI?

In Nevada, a person who is arrested for a third DUI (and who did not cause death or substantial bodily harm) faces a potential felony pursuant to NRS 484C.400. The court may sentence the defendant to serve between one and six years in the Nevada Department of Corrections. Additionally, the court may order the defendant to pay fines up to $5,000, complete DUI school, participate in a victim impact panel, attend a coroner’s class, undergo an alcohol/drug evaluation, and pay restitution to any victim.

 

In addition, the Nevada Department of Motor vehicle may suspend a defendant’s license for three years. Additionally, Defendants will be required to install and maintain a breath interlock device on any vehicle they drive for 1-3 years after their license suspension ends.

 

 

4. What are the potential penalties for a DUI after a previous felony DUI conviction?

In Nevada, a person who is arrested for a DUI after already having been convicted of a felony DUI faces another felony pursuant to NRS 484C.410. The court may sentence the defendant to serve between two and fifteen years in the Nevada Department of Corrections. Additionally, the court may order the defendant to pay fines up to $5,000, complete DUI school, participate in a victim impact panel, attend a coroner’s class, undergo an alcohol/drug evaluation, and pay restitution to any victim.

 

In addition, the Nevada Department of Motor vehicle may suspend a defendant’s license for three years. Additionally, Defendants will be required to install and maintain a breath interlock device on any vehicle they drive for 1-3 years after their license suspension ends.

 

 

5. What are the potential penalties for a DUI that causes substantial bodily harm or death?

In Nevada, a person who is arrested for a DUI that causes substantial bodily harm or death faces a felony pursuant to NRS 484C.430. The court may sentence the defendant to serve between two and twenty years in the Nevada Department of Corrections. Additionally, the court may order the defendant to pay fines up to $5,000, complete DUI school, participate in a victim impact panel, attend a coroner’s class, undergo an alcohol/drug evaluation, and pay restitution to any victim.

 

In addition, the Nevada Department of Motor vehicle may suspend a defendant’s license for three years. Additionally, Defendants will be required to install and maintain a breath interlock device on any vehicle they drive for 1-3 years after their license suspension ends.

 

 

6. How can an attorney help with my DUI case?

Pursuant to NRS 484C.420, a prosecutor may not reduce or dismiss a DUI case unless there is a lack of evidence. Therefore, a defense attorney’s job is to examine the case and demonstrate to the prosecuting attorney that they lack some of the necessary evidence for a conviction. Additionally, a defense attorney may be able to assist their client in avoiding a conviction altogether through a diversion program such as misdemeanor DUI court or felony DUI court. Our defense attorneys will also do their best to ensure that any criminal plea does not increase the defendant’s exposure to a civil lawsuit from people involved in DUI accidents. Contact us today, the consultation is always free.