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Nevada DUI Law

It is illegal in Nevada to drive or be in actual physical control of a motor vehicle with a BAC of .08 or greater or while under the influence of drugs or alcohol.


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The legal standard for drivers of commercial vehicles is a BAC of .04.


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If you are under 21, the legal standard is .02. The court will order an alcohol and drug evaluation for the offender ($100).


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Penalties


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First Offense:

The first offense is a misdemeanor. All first offenders must complete an educational course on alcohol and controlled substance use and abuse.


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First offenders may be sentenced to 2 days – 6 months in jail or 48 – 96 hours of community service. Community service is performed in garb that identifies the individual as a DUI offender. In addition, the court will also impose a fine of $400 - $1,000. The jail time may be served intermittently, provided that each period of confinement is at least 48 hours long.


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Nevada has a first offender program that allows you to avoid a long sentence. As long as your BAC was under .18, you may apply for a 6 month treatment program. The court will authorize the program if:


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- You have been identified as an alcohol or user of drugs by a certified Counselor or physician;


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- You pay for the program; and


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- You have served at least one day in jail or performed (or will perform) 24 hours of community service.


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Second Offense:

The second offense in seven years is a misdemeanor. It is punishable by 10 days – 6 months in prison or under home confinement. In addition, a fine of $750 - $1,000 will be assessed.


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Second offenders are eligible for the same program as first offenders, except that they must have spent at least 5 days in prison.


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Third Offense:

The third offense in seven years is a Class B felony. This is punishable by 1 – 6 years and a fine of $2,000 - $5,000. There is no treatment option that will avoid jail time.


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DUI Causing Death or Substantial Bodily Harm:

This is a Class B felony. It is punishable by 2 – 20 years in prison and a fine of $2,000 - $5,000.


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Vehicular Homicide:

Vehicular Homicide is the charge that applies to an accident that causes death where the driver has 3 or more prior DUI offenses. This is a Class A felony. It is punishable either by life in prison (possibility of parole after 10 years) or a term of 25 years in prison (possibility of parole after 10 years).


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Fourth and Subsequent Offense, Prior Vehicular Homicide or Prior DUI that Caused Death or Substantial Bodily Harm:

This is a Class B felony. It is punishable by 2 – 15 years in prison and a fine of $2,000 - $5,000.


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Miscellaneous Fines


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Civil Penalty:

A $35 civil penalty is attached to each offense. This is paid to the State’s Victim Compensation Fund.


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Chemical Analysis Fee:

A $60 fee for the chemical analysis is assessed for the use of the testing equipment.


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License Suspension


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Your license will be suspended for 90 days and there is a $65 fee to have it reinstated at the end of the period. However, if your BAC was not over .18 at the time of arrest, the court may grant the attachment of an ignition interlock device. This will not allow you to start the car with a BAC of greater than .02.