Nevada DUI Laws

Nevada DUI laws state that any driver over the age of 21 cannot have a blood-alcohol level of 0.08% or higher.
Written by Georgina Grant
Reviewed by Kathleen Flear
Updated on Dec 05, 2022
Nevada DUI laws state that any driver over the age of 21 cannot be under the influence of alcohol or drugs and/or have a blood alcohol content (BAC) of 0.08% or higher. There are lower thresholds for underage drivers and commercial drivers.
More than 10,000 people are killed on the road every year due to drunk driving crashes in the U.S.
Driving while under the influence of drugs or alcohol is a dangerous crime, and penalties vary from state to state. But even for a first-time offense, drivers will be forced to pay up to $10,000 in fines and legal fees. A DUI will definitely affect your
Nevada car insurance costs
as well.
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What is a DUI?

A DUI refers to driving under the influence while a DWI means driving while intoxicated or impaired. Each state determines the difference between these two charges, but Nevada uses the term DUI in its state laws.
A DUI charge could mean that the driver was under the influence of alcohol or drugs, even if the drugs weren’t illegal—you can get a DUI charge from prescription drugs or over-the-counter drugs if they make you impaired.
In some states, the charges are OUI (operating under the influence) or OWI (operating while intoxicated).

DUI in Nevada

In Nevada, it is illegal to operate a vehicle if you are "under the influence" of drugs or alcohol, meaning you are noticeably impaired in your ability to operate a vehicle safely.
It is also illegal to operate a vehicle if you have a blood alcohol content (BAC) of:
  • 0.08% or higher if you’re 21 or older
  • 0.04% or higher for drivers operating a commercial vehicle
  • 0.02% or higher for drivers under the age of 21
Even if you aren’t driving, you can be convicted of a DUI if you are in actual physical control of the vehicle while under the influence of drugs or alcohol or if you have a BAC of 0.08% or higher.
A judge or jury will determine whether you were in actual physical control based on a number of factors, including whether or not the vehicle was running, whether you were sleeping, and where inside the vehicle you were found.
Nevada, like every state, has an implied consent law, which stipulates that drivers consent to be tested if they are suspected of driving under the influence of alcohol and/or drugs.
If you are lawfully arrested for a DUI, you must submit to a urine, blood, or breath test. Nevada police officers can use reasonable force in order to obtain a blood sample.
If you refuse testing, the DMV will revoke your license for one to three years.

Penalties for DUI in Nevada

If you are convicted of a DUI in Nevada, your penalty will depend on the circumstances of your cases, the number of prior offenses you have, and your BAC at the time of the incident.
Convictions in Nevada will remain on your driving record for seven years.

First offense

Penalty
Description
Fine
$400 minimum
Jail
Up to 6 months
License revocation
At least 185 days
Ignition Interlock Device (IID)
At least 185 days
SR-22 requirement
Yes
Community service
48 to 96 hours (in lieu of jail time)

Second offense

Penalty
Description
Fine
$750 minimum
Jail
Up to 6 months
License revocation
1 year
Ignition Interlock Device (IID)
At least 185 days
SR-22 requirement
Yes
Community service
Minimum 750 hours (in lieu of fine)

Third offense

Penalty
Description
Fine
$2,000 minimum
Prison
1 to 6 years
License revocation
3 years
Ignition Interlock Device (IID)
1 to 3 years
SR-22 requirement
Yes
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Does a DUI impact car insurance in Nevada?

Yes. Insurance companies take DUI and DWI convictions very seriously, and you’ll be classified as a
high-risk driver
going forward. This means that your auto insurance rates will increase.
It can be hard to find affordable insurance with a DUI on your record, so you’ll probably need to look at a number of different providers in order to find the right policy.
Jerry
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Additionally, you’ll have to submit an
SR-22
filing in order to certify that you meet Nevada’s insurance requirements. Your insurance company may be able to help you with this.

Other effects of a DUI

Besides conviction penalties and higher insurance rates, DUIs can impact your life in other ways.
License revocation: After getting a DUI, you may have your license revoked, especially if you have multiple DUIs or other offenses.
Ignition interlock device (IID): These devices stop you from starting your car if you have any alcohol on your breath. If you get a DUI, you might be required to install one on your vehicle.
Background checks: DUIs appear on background checks, which could hurt your job prospects in the future.

How to find cheap insurance after a DUI

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