Understanding Nevada’s DUI Laws: What You Need to Know

At Mayhew Law, as criminal defense attorneys we understand that being charged with Driving Under the Influence (DUI) in Nevada can feel overwhelming. You may have questions about the laws, the penalties, and your options. In this article, we’ll explain Nevada’s DUI laws, their consequences, and how we can help if you’ve been charged. We’ve written this so it’s easy to understand, even if you’re new to the topic.

What Is a DUI?

DUI stand for “Driving Under the Influence.” In Nevada, it’s illegal to drive a vehicle if your blood alcohol concentration (BAC) is too high or if drugs impair your ability to drive.

Your BAC must be below 0.08%. Nevada’s laws don’t just apply to alcohol. Driving under the influence of illegal drugs, prescription medications, or over-the-counter drugs that impair your ability to drive is also against the law.

What Happens If You Get a DUI in Nevada?

Nevada’s DUI laws come with serious consequences, which get worse with repeat offenses. Let’s break them down:

First DUI Offense (Misdemeanor)

• Fines and Fees: You may have to pay between $400 and $1,000.
• Jail or Community Service: 2 days in jail or 48 hours of community service.
• Victim Impact Panel.
• DUI School: You’ll need to take a course about the dangers of driving under the influence.
• Temporary License Revocation: Your license could be revoked for 185 days or longer, although you may drive with restricted license.

*If your blood or breath is 0.18 or greater you will have to get a Substance Abuse Evaluation and follow the recommendations which may include counseling.

Second DUI Offense within 7 Years (Misdemeanor)

• Fines and Fees: $750 to $1,000 or community service
• Jail Time: You’ll face 10 days in jail or house arrest
• DUI School: You’ll need to take a course about the dangers of driving under the influence
• Substance Abuse Evaluation: comply with the recommendation including counseling
• Temporary License Revocation: Your license will be revoked for one year or longer, although you may drive with restricted license.

Third DUI Offense within 7 Years (Category B Felony)

• Fines and Fees: $2,000 to $5,000
• Prison Time: Mandatory Prison from 1-6 years in the Nevada Department of Corrections. You may be eligible for DUI Diversion Program to avoid prison
• Temporary License Revocation: Your license will be revoked for three years

What Happens If You Refuse a Breath or Blood Test?

Nevada has “implied consent” laws. This means that by getting a driver’s license, you agree to take a breath or blood test if an officer suspects you of DUI. If you refuse:

• First Refusal: Your license will be revoked for one year.
• Second Refusal: Your license will be revoked for three years.

Police can also get a warrant to require you to take the test, so refusing doesn’t stop the process.

How Police Test for DUI

If an officer suspects you’re driving under the influence, they’ll look for signs such as:

• Swerving or difficulty staying in your lane
• Driving too fast or too slow
• Smelling like alcohol or acting confused

They might ask you to:

• Walk in a straight line
• Stand on one leg
• Blow into a breathalyzer to measure your BAC

Why Nevada’s DUI Laws Matter

These laws exist to keep everyone on the road safe. Alcohol and drugs can affect your judgment, reaction time, and coordination, making it much more likely for accidents to happen. By following the rules, we can reduce crashes and save lives.

How We Can Help

If you’ve been charged with a DUI, it’s important to know that you have options. Our criminal defense law firm specializes in helping individuals navigate Nevada’s DUI laws. Here’s what we can do for you:

1. Review Your Case: We’ll look at all the details, from the traffic stop to the test results, to see if your rights were violated
2. Challenge the Evidence: Sometimes, breathalyzers or blood tests aren’t accurate. We’ll investigate to make sure the evidence against you is solid
3. Negotiate on Your Behalf: We’ll work to reduce the charge or penalties
4. Guide You Through the Process: From court appearances to treatment programs, we’ll help you every step of the way.

Tips to Avoid a DUI

The best way to handle a DUI is to avoid it in the first place. Here are some tips:

• Don’t Drink and Drive: If you plan to drink, arrange for a sober driver or use a rideshare service like Uber or Lyft
• Be Cautious With Medications: Check the labels on your prescriptions or over-the-counter drugs to make sure they don’t impair your ability to drive
• Plan Ahead: Before going out, figure out how you’ll get home safely

Final Thoughts

Nevada’s DUI laws are strict, but they’re designed to keep everyone safe. If you or someone you know has been charged with a DUI, it’s crucial to act quickly and get the right help.