Nevada DUI Laws Explained

Driving under the influence of drugs and/or alcohol is never a good idea. It doesn’t take a rocket scientist to understand why, and yet thousands of people still drive impaired every year.

Every state has strict laws set up to punish the drivers who are convicted of DWI, and Nevada DWI laws are no exception. If the punishments seem harsh, that’s a good thing – they also exist to frighten people away from ever driving drunk in the first place.

Blood Alcohol Concentration (BAC) Limit

Every state has its own rules about the limits for when a person is considered “impaired.” This is measured by blood alcohol concentration, or BAC. According to Nevada DUI laws, the BAC limit is 0.08%. However, the limits are stricter for commercial drivers (0.04%), and drivers under the age of 21 (0.02%).

Keep in mind that alcohol isn’t the only way to be impaired behind the wheel. Other illegal substances like marijuana, cocaine, heroin, opium, meth, ecstasy, and acid can get you a DUI conviction – and any trace of these illegal drugs in your system makes you guilty.

Nevada DUI Laws

In Nevada, there are two subsets of Nevada DUI laws that drivers ought to be aware of: The Illegal Per Se law and the Implied Consent law. “Illegal Per Se” means that although being over the BAC limit is an automatic conviction, the BAC limits are just a guide. You can still be arrested for having a lower, yet still detectable, amount of alcohol in your system. “Implied Consent” means that, should an officer pull you over, you are required to submit to a BAC test. Getting behind the wheel of the car is considered “giving your consent” for the test, if asked. If you refuse, the officer is allowed to use reasonable force, and you can be arrested for resisting arrest.

Penalties for Breaking Nevada DUI Laws

Not surprisingly, a DUI conviction comes with a harsh set of penalties that only get harsher with multiple convictions-the average Nevada traffic fines pale in comparison. In addition, there are penalties in the event of a DUI that causes death or serious injury, even if it’s on a first offense:

Nevada DUI First Offense

Fine ($400 – $1,000)
Mandatory DUI school (average cost: $150)
License revocation (90 days)
Jail sentence (2 days – 6 months) or community service (96 hours)
Possible substance abuse treatment program

Nevada DUI Second Offense (within 7 years)

Fine ($750 – $1,000)
License revocation (1 year)
Jail sentence/house arrest (10 days – 6 months)
Community service (100 – 200 hours)
Possible car registration suspension
Possible substance abuse treatment program/clinical supervision

Nevada DUI Third Offense (within 7 years)

Fine ($2,000 – $5,000)
License revocation (3 years)
Prison sentence (1 – 6 years)
Possible car registration suspension

DUI causing death or serious injury (even on a Nevada DUI first offense):

Fine ($2,000 – $5,000)
License revocation (3 years)
Prison sentence (2 – 20 years)

Protect Yourself from Other Drivers

Impaired drivers can affect anyone who is unlucky enough to come across them on the road, whether they are pedestrians, cyclists, or motorists. Fortunately, there is a lot a sober driver can do to help stay safe. First, if you see someone driving that you think might be impaired, you can report them by calling *NHP (*647) on your cell phone. If you’re driving, of course you should pull over first.

Here are a few things to look out for. These are all indicators that someone may be driving under the influence:

Swerving or weaving
Sudden speed changes
Driving at night without headlights
Stopping in the road for no reason
Near-collisions
Slow response times

No matter how you slice it, getting behind the wheel when you’re over the legal limit is dangerous, and getting a DUI conviction – or any Nevada traffic ticket, for that matter – is a tremendous pain. It’s best to just walk, call a cab, have a friend drive, drink at home, or maybe even not drink in the first place.