First Offense at Nevada DUI Penalties



A Nevada driver caught on the roads with a blood alcohol concentration (BAC) of .08 or greater will get a driving under the influence (DUI) charge. Commercial vehicle drivers receive a DUI with a BAC reading of 0.04 percent or greater. “Zero Tolerance” is the law with drivers under 21. Caught with a BAC of 0.02 percent or greater, drivers under 21 face conviction.

In Nevada, a DUI conviction remains on a driver’s record for up to 7 years. New violations take into account any prior DUI convictions on record. Nevada law is tough against violators; administrative and criminal charges work together, and independently, to prevent future violations. Under the Illegal Per Se Law, DUI penalties include a 90 day license revocation (or license suspension for those under 21), SR-22 filing and possible criminal charges. The Implied Consent Law applies to all drivers in Nevada. This law mandates that a blood, breath or urine test must be taken to verify any suspicion of illegal activity. Regardless of whether a first, second or third offense had occurred, police officers are legally allowed to use the necessary force required in order to obtain blood samples. All chemical tests are at driver expense.

Administrative penalties are filed by the DMV. In order for a driver’s license to be reinstated following a DUI conviction, he or she must pay fees for license reinstatement, license application and a Victims Compensation Civil Penalty. In addition, he or she must retake the vision, written and possibly the driving test as well as have the insurance company submit form SR-22 for three years.

Penalties for a first DUI offense

Drivers convicted of a fist offense face a jail sentence ranging from two days to six months. Jail time can be replaced by 48 to 96 hours of community service; however, offenders must wear distinctive clothing to mark them as a DUI violator. Court-imposed fines range from $400 to $1,000. In addition, the DMV will revoke a driver’s license for 90 days. After 45 days, a restricted license may be granted for the sole purpose of driving to work. DUI school attendance is mandatory. Like chemical test fees, DUI school fees are at driver expense. Substance-abuse treatment may be ordered as well. Even on a first offense, installation of an interlock device is mandatory; the device is installed for three to six months.

Penalties for a second DUI offense

For a second offense, drivers are given a jail or home arrest sentence ranging from 10 days to six months. In addition to jail time, violators also receive mandatory community service; 100 to 200 hours are the standard penalty. Nevada DUI penalties result in fines from $750 to $1,000 and a one year license revocation. second-offense drivers are not eligible for a restricted license, and interlock devices are mandatory for three to six months. In some situations, the DMV may also suspend vehicle registration. DUI violators may be required to attend a substance-abuse facility or clinic as well.

Penalties for a third DUI offense

For drivers convicted of a third offense, a prison sentence ranges from one to six years. Although a driver’s license is revoked for three years, restricted license requests may be granted. Applicable fines range from $2,000 to $5,000. Like earlier offenses, third-offense drivers face mandatory interlock device installation for three to six months following the conviction. In some situations, Nevada DUI penalties also include vehicle registration suspension or mandatory enrollment in a three-year treatment program.

Penalties for a DUI resulting in death or serious injury

Regardless of whether the driver is a first-time or repeat offender, a convicted DUI that results in death or serious injury has significant consequences. A driver’s license will be revoked for three years and he or she will receive a two- to 20-year prison sentence. In addition, the court imposes fines ranging from $2,000 to $5,000.

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