DUI Laws in Nevada

Nevada DUI Laws: Key Facts

Legal limit (adults)

0.08 BACNev. Rev. Stat. § 484C.110; § 483.9385 (commercial); § 483.461 (under 21); § 484C.400(1)(a)(4) (0.16)

Commercial drivers (CDL)

0.04 BAC

Drivers under 21

0.02 BAC (0.02 or more but less than 0.08 for a driver under 21 triggers a 90-day license suspension)

Enhanced penalties from

0.16 BAC

Lookback period

7 years

Insurance filing

SR-22, 3 years (36 consecutive months), starting when the license is reinstated; a lapse restarts the 3 years

Nevada DUI Penalties by Offense

First offense: Nev. Rev. Stat. § 484C.400(1)(a); § 483.460; § 484C.460 · Second offense: Nev. Rev. Stat. § 484C.400(1)(b), (3); § 483.460; § 484C.460 · Third offense: Nev. Rev. Stat. § 484C.400(1)(c); § 483.460; § 484C.460

When Penalties Are Higher

• first offense with BAC 0.16 or higher: court must order an alcohol or substance use disorder treatment programNev. Rev. Stat. § 484C.400(1)(a)(4)
• passenger under 15 in the vehicle: the court must consider it an aggravating factor at sentencingNev. Rev. Stat. § 484C.400(5)
• any DUI after a prior felony DUI, DUI causing death or serious injury, or DUI homicide: category B felony: 2 to 15 years in prison and a $2,000 to $5,000 fineNev. Rev. Stat. § 484C.410

More on Nevada DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

license revoked for 1 year, or 3 years with a refusal revocation in the preceding 7 years; an ignition interlock is required to get an interlock privilege during the revocationNev. Rev. Stat. § 484C.210

Official source: if you refuse a breath or blood test in Nevada

Getting a Ignition Interlock Privilege (Restriction Y License)

you can reinstate before the revocation ends by installing an ignition interlock on every vehicle you drive, getting SR-22 insurance and paying fees; DMV may issue a restricted license without an interlock to a non-repeat offender who can't give a deep-lung sample or lives more than 100 miles from an interlock provider

Official source: getting a ignition interlock privilege (restriction y license) in Nevada

Ignition Interlock

First offense: yes: 185 days Repeat offenses: second offense within 7 years: 1 year; felony DUI: 3 years installed at your own expense; inspected and calibrated at least every 90 days; the court may excuse a first offender who can't give a deep-lung sample or lives more than 100 miles from a provider

Official source: ignition interlock in Nevada

Can a DUI Come Off Your Record?

a misdemeanor DUI can be sealed; a felony third-offense DUI and DUI causing death or substantial bodily harm can't be Waiting period: 7 years from release from custody or the end of a suspended sentence, whichever is later petition the court where you were convicted; sealing is presumed when the prosecutor stipulates and you have no new convictions other than minor traffic violations

Official source: can a dui come off your record? in Nevada

Drivers Under 21

a driver under 21 with 0.02 or more but less than 0.08 has the license suspended administratively; 0.08 or more is a regular DUI 90-day license suspension

Official source: drivers under 21 in Nevada

Driving After Using Drugs

yes: the same statute covers controlled substances, combined alcohol and drugs, and inhalants, and sets per se blood and urine limits for listed drugs (for example methamphetamine 100 ng/ml blood); marijuana per se limits (2 ng/ml THC) apply only to felony-level and certain other charges

Official source: driving after using drugs in Nevada

More on DUI Law in Nevada

• Nevada DUI Penalties: First, Second and Third Offense
• DUI License Suspension in Nevada: Hearing Deadline and Hardship License
• SR-22 Insurance After a DUI in Nevada
• Ignition Interlock Rules in Nevada
• Can a DUI Be Expunged in Nevada?
• Refusing a Breath or Blood Test in Nevada

Frequently Asked Questions