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Drinking & Driving / DUI

DUI In Nevada? Simple Answers To Your Nevada DUI Questions!

You know the saying. . . "What happens in Vegas stays in Vegas."

Of course, people come to Nevada to have a good time. But there are times when too much of a good time can lead to serious consequences and what happens here may follow you home. This is particularly true if you have been drinking and driving and end up with a DUI. 

Whether you live in Nevada or you are just visiting, driving under the influence of drugs or alcohol is a serious offense in Nevada that often carries harsh penalties. 

 Being charged with a DUI does not have to ruin your life, but there are some things you should know. It is important to seek sound legal advice from an experienced DUI defense lawyer.

Here, we answer you most frequently asked questions about Nevada DUI laws. Keep reading for more information:

What are the DUI laws in Nevada that might affect my case? 

Illegal Per Se Law - means that operating of a vehicle with a blood alcohol content (BAC) at or above the legal limit is an offense of impaired driving in and of itself. Nevada's BAC imit is .02 for individuals under 21, .04 for commercial drivers, and .08 for everyone else.  Even if your BAC is lower than the legal limit, you can still be arrested and/or cited for having a lower―but still detectable―amount of alcohol in your system. (NRS 484.379) 

Implied Consent Law - You Cannot Refuse Testing! Driving or operating a vehicle under the influence of drugs or alcohol means you have already given your consent to be tested.  Refusing to allow law enforcement to conduct a test is grounds for arrest and law enforcement may use reasonable force to obtain blood samples.  

Open Container Law - It is illegal to drive a vehicle with an opened alcoholic beverage anywhere in the car. It doesn't apply, however, to the living areas of a motor home or RV, or the passenger areas of buses, taxis, and limousines. If you are driving under the influence with minors under the age of 15 in your car - that will be considered an "aggravating circumstance" and will undoubtedly result in harsher penalties. 

Where can I look up the Nevada DUI laws?

You can find the Nevada DUI laws in the Nevada Revised Statutes at NRS 484CThe statutes include definitions of Nevada DUI as well as explain the administrative and criminal penalties for receiving a DUI in Nevada.

What are the penalties for getting a DUI in Nevada?

Getting a DUI comes with two different types of consequence: administrative and criminal.

Administrative consequences are the ones you will face at the DMV. The DMV will impose its own penalties (administrative) and may include suspending your license, paying fines to the DMV and retaking DMV administered tests including vision, written and driver’s skills tests. It is important to contact a DUI defense lawyer right away if you plan to contest the DUI through the DMV. If you are arrested for a DUI and you have a Nevada's driver's license, you only have 7 days to request a DMV hearing to protect your license from being suspended.

The criminal consequences for a Nevada DUI usually include being arrested and facing criminal charges. Criminal penalties are the penalties imposed by the State of Nevada and get more serious with each offense. Additionally, penalties for drivers under 21 and commercial drivers are often greater. 

For a first offense DUI, you could face the following penalties: 

  • Driver license revoked for 90 days (after 45 days, you maybe eligible to apply for a restricted license that will enable you to drive to work and back);  
  • Jail  sentence  of  at  least  two  days  and  up  to  six  months,  or  96hours  of  community service
  • Fine of at least $400 and up to $1,000;
  • Mandatory attendance at DUI school Possible order to attend a substance-abuse treatment program.  
  • Victim Impact Panel
  • Chemical Testing

How long will a Nevada DUI stay on my record?

A Nevada DUI arrest and/or conviction can remain in your criminal history for the rest of your life.  

Additionally,  DMV  reports  DUI  convictions  to  insurance  companies  and employers for three years.

Why should I hire you for my DUI?

Our DUI Defense Lawyers are led by a former prosecutor who has specialized knowledge and detailed training in DUI laws. Our attorneys have handled thousands of DUI cases and have over 20 years of experience in Nevada DUI law. 

Our DUI defense team will thoroughly investigate your DUI charges, strategically negotiate with the prosecutors to get the charges against you dismissed or reduced, and work tirelessly to protect your driving record. 

If you or someone you know has been charged with a DUI, contact our qualified DUI defense lawyers at (702) 433-2889 or fill out our on-line form for more information. We can help.