Nevada DUI Penalties

Nevada DUI laws and penalties 

Each State within the United States has been given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article, we will explore the different laws within the State of Nevada and their penalties. To begin with, Nevada has what is known as a seven year "Lookback Period". That means, each DUI you have aquired within the past seven years have become relevant to the sentencing you now face for your current process in DUI charges. This is also known as a "washout" period. 

What constitutes a high BAC for a DUI in Nevada?

  • Under 21: .02%
  • 21 or Older: .08%
  • Commercial: no minimum

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and requested to take a chemical test to determine your BAC, or Blood Alcohol Content, Nevada has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

  • First Offense: The officer may direct reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.
  • Second Offense: The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. 
  • Third Offense: The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. 

What are the penalties within the Nevada DUI law?

There are several penalties within the Nevada DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence within the boarders of the State of Nevada, the following are the penalties you will be facing:

Penalty of Jail

  • First Offense: 2 days to 6 months
  • Second Offense: 10 days to 6 months
  • Third Offense: 1 to 6 years

Penalties and Fees

  • First Offense: $400 to $1,000
  • Second Offense: $750 to $1,000
  • Third Offense: $2,000 to $5,000

Penalty of License Suspension

  • First Offense: 90 days
  • Second Offense: 1 year
  • Third Offense: 3 years

Penalty of Ignition Interlock Device (IID)

  • First Offense: Possible
  • Second Offense: Possible
  • Third Offense: Yes

Conclusion

It is important to note that laws change as well as their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enoforce the laws in different ways, it is important to prepare for the unexpected. For this reason you would be wise to retain the services of an experienced and professional lawyer who is well versed in the DUI law in the State of Nevada and is capable of giving you the direction you need for your specific case, along with being fully aware of current laws pertaining to DUI. 

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