Wright & Weiner

DRIVING UNDER
THE INFLUENCE
(702) 259-6789
Quail Park I
801 So. Rancho Drive, Suite B-2
Las Vegas, Nevada 89106


Nevada's blood alcohol limit is .08 as of September 23, 2003. The limit is .04 for commercial drivers and .02 for drivers under 21. Note that these limits are only guides. Drivers can be arrested and convicted for DUI with a lower blood alcohol content (BAC) reading or for driving under the influence of controlled or prohibited substances. (NRS 484.379).

Nevada's implied consent law states that a person driving or in actual physical control of a vehicle is deemed to have given his consent to breath or blood testing. Refusal is grounds for an arrest. (NRS 484.382 and 484.383). Reasonable force can be used to obtain blood samples. (NRS 484.386).

Nevada Penalties For Driving Under The Influence

For DUI legal help, call us at 702-259-6789 to talk to a Nevada Lawyer.

Below are penalties for a typical DUI first offense. Penalties for subsequent convictions are harsher. A third DUI within seven years or a DUI which involves death or substantial bodily harm are felony offenses.

DUI Criminal Penalties

  • Arrest
  • Vehicle Impounded
  • Two days to six months in jail or community service
  • Fine $400 to $1,000
  • Chemical Test Fee $60
  • DUI School or Substance Abuse Treatment
  • Victim Impact Panel

DUI Driver License And Civil Penalties

  • DMV Tests
  • $65 Reinstatement Fee
  • $35 Victims Compensation Civil Penalty
  • $21.75 Driver License Fee
  • License revoked for 90 days
  • Vision, Knowledge, possibly Skills
  • SR-22 Certificate of Liability Insurance required for three years.

A driver license revocation is a separate action from any criminal case. Motorists may appeal a revocation through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically obtain a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state.


How A DUI Affects Your Record

Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. A DUI committed more than seven years after a prior conviction is treated as a first offense. Convictions and license revocations remain on your full DMV record for the rest of your life. DMV reports DUI convictions to insurance companies and employers for three years. A license revocation is reported until the driving privilege is reinstated.