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Understanding the Basics of DUI in Nevada

If you get caught driving under the influence in Nevada, the consequences may include both criminal and administrative penalties. For subsequent offenses, the criminal penalties increase. Here's a look at how the law treats Nevada DUI offenders.

How Much Alcohol is Too Much in Nevada?

For drivers under 21, a blood alcohol content of .02 is enough to trigger drunk driving penalties. For commercial drivers, the limit is .04, while for other drivers it is .08 BAC. Any detectable trace of a controlled substance will also support a DUI finding.

What Administrative Penalties Apply in Nevada DUI Cases?

For drivers under 21, a DUI may lead to a 90 day driver's license suspension, while for older drivers it may lead to a 90-day license revocation. Any driver with a DUI offense may be required to file a proof of financial responsibility form.

In addition to any administrative penalties, criminal penalties may be imposed on drunk drivers.

What Criminal Penalties Apply in Nevada DUI Cases?

Criminal penalties for DUI in Nevada take into account the driver's DUI history. When death or serious injuries occur, there are accelerated penalties.

Nevada's First Offense Criminal DUI Penalties

For a first DUI offense, the driver's license is revoked for 90 days; after half of the revocation period has elapsed, a driver may apply for a restricted license. Upon conviction for DUI, a driver will serve two days to six months in jail for a first offense or perform 96 hours of community service. Fines for first DUI offenses in Nevada range from $400 to $1,000.

First-time DUI offenders in Nevada may be required to attend DUI school at their own expense, typically about $150. If the DUI offender's BAC was .08 or above, the judge may place the offender in a DUI treatment program.

How Nevada Treats Second and Subsequent DUI Offenses

A second DUI offense within seven years brings harsher criminal penalties that include a one-year license revocation with no restricted license; 10 days to six months in jail or residential confinement; a $750 to $1,000 fine; 100 to 200 hours of community service; possible suspension of vehicle registration; and possible enrollment in a treatment facility for up to one year.

A third or subsequent offense carries still harsher penalties, including a license revocation period to three years with the possibility of a restricted license; a prison sentence of one to six years; a fine of $2,000 to $5,000; provides for possible vehicle registration suspension; and possible placement in a treatment program for up to three years.

What Accelerated Criminal Penalties Apply in DUI Cases Involving Death or Serious Injury?

A three year license revocation, a jail sentence of two to 20 years and a fine of $2,000 to $5,000 are applicable in any DUI case involving death or serious injury, regardless of whether it's the offender's first offense.

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