Nevada · DUI · Checked October 2026
Nevada DUI Penalties: First, Second and Third Offense
Nevada DUI Penalties: What Are the Rules?
Nevada sets DUI penalties by offense, and they rise with each conviction.
- First offense jail
- 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service
- First offense fine
- $400 to $1,000
- First offense license
- 185-day revocation
- Felony
- A third DUI within 7 years is a category B felony; any later DUI after a felony DUI is a category B felony with 2 to 15 years
- Lookback period
- 7 years
Nevada DUI Penalties by Offense
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Charge | misdemeanor | misdemeanor | category B felony |
| Jail | 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service | 20 days to 6 months in jail or residential confinement | 1 to 6 years in state prison |
| Fine | $400 to $1,000 | $750 to $1,000, or equivalent community service | $2,000 to $5,000 |
| License suspension | 185-day revocation | 1-year revocation | 3-year revocation |
| Ignition interlock | court must order an ignition interlock for 185 days | court must order an ignition interlock for 1 year | court must order an ignition interlock for 3 years |
Other First Offense Penalties in Nevada
- pay for and complete an approved alcohol or substance use education course
- SR-22 required for 3 years
Other Second Offense Penalties in Nevada
- court-ordered alcohol or substance use disorder treatment program
- at least one 48-consecutive-hour segment of confinement
Other Third Offense Penalties in Nevada
- court may order treatment if an evaluation shows a treatable substance use disorder
When Penalties Are Higher in Nevada
- first offense with BAC 0.16 or higher: court must order an alcohol or substance use disorder treatment program
- passenger under 15 in the vehicle: the court must consider it an aggravating factor at sentencing
- 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 fine
When a DUI Is a Felony in Nevada
a third DUI within 7 years is a category B felony; any later DUI after a felony DUI is a category B felony with 2 to 15 yearsNev. Rev. Stat. § 484C.400(1)(c); § 484C.410
How Far Back Prior Offenses Count in Nevada
7 years. an offense within the 7 years before the current offense counts as a prior; time spent imprisoned, in residential confinement, under treatment supervision, on parole or on probation is excluded when measuring the 7 yearsNev. Rev. Stat. § 484C.400(2), (6)
More on DUI Law in Nevada
See the full overview of DUI laws in Nevada and read about first-offense DUI penalties across the states.
This page summarizes Nevada law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Nevada can advise on your case.
Frequently Asked Questions
What Is the Penalty for a First DUI in Nevada?
Jail: 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service. Fine: $400 to $1,000. License suspension: 185-day revocation.
What Is the Penalty for a Second DUI in Nevada?
Jail: 20 days to 6 months in jail or residential confinement. Fine: $750 to $1,000, or equivalent community service. License suspension: 1-year revocation.
When Is a DUI a Felony in Nevada?
a third DUI within 7 years is a category B felony; any later DUI after a felony DUI is a category B felony with 2 to 15 years