Nevada DUI Laws
Under these laws, there are two types of penalties: If an officer suspects you are driving under the influence, you will be asked to take blood, breath or urine tests. These tests are given to determine if you have used alcohol or drugs. You cannot refuse the tests. An officer may direct that blood samples be drawn even on a first offense.
Under Nevada’s Illegal Per Se Law, if chemical tests show an alcohol concentration of .08 percent or more, or any detectable amount of a controlled substance, your driving privilege will be revoked. If you are under the age of 21 and a chemical test shows an alcohol concentration of .02 percent, but less than .08 percent, your driving privilege will be suspended. This is an administrative penalty and the officer can take your license immediately. If you have a Commercial Driver’s License, any detectable amount of alcohol can affect your driving privilege. More severe DUI penalties also apply, including lifetime disqualification from commercial driving.
Note: Even though an alcohol concentration of .08 percent is used as a guide, you can be arrested and convicted with a lower level.
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Joseph P. Reiff
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First Time DUI Conviction
The first drunk driving conviction in Nevada will cost you between $400 up to $1,000. You may be given a jail sentence for 2 days up to 6 months, or you will be ordered to serve 96 hours of community service. Your drivers license will be suspended for 90 days. After half of your drivers license suspension has passed, the court may allow you to drive with a restricted license for the remainder of your sentence. You will also be ordered to attend a DUI school at your own expense, and you may also be ordered to attend a alcohol treatment program if your blood alcohol content (BAC) was .08 or above.
Second DUI Conviction
If your second drunk driving conviction was within 7 years of the previous DUI, your Nevada drivers license will be suspended for 1 year without the possibility of a restricted license being issued to you. You will also be ordered to jail or residential confinement from 10 days to 6 months. The fine for your second DUI will be from $750 to $1,000 and you will be ordered to serve from 100 to 200 hours of community service. The court may suspend the registration of your vehicle and you may also be placed under clinical supervision of a treatment facility for up to 1 year.
Third DUI Conviction
If you are convicted for drunk driving a third time within 7 years of your previous conviction, your Nevada drivers license will be revoked for 3 years. You will also be sentenced to prison from 1 to 6 years and fined from $2,000 to $5,000. Your vehicle registration could be suspended and you may be ordered to attend a alcohol treatment program for a minimum of 3 years.
DUI Causing Death or Serious Injury
If you are convicted of DUI and you were the at fault driver of an accident that caused the death or serious injury of another person, your drivers license may be revoked for 3 years. You could also be sentenced to prision for 2 to 20 years and be fined from $2,000 to $5,000. Not to mention any civil penalties and judgments from a third party.