Driving Under the Influence (DUI)

Understanding Nevada DUI Laws - A Complete Guide

Nevada DUI laws are tough. Records remain on file for life. A DUI conviction can have severe, lasting consequences on your freedom, finances, and future

DUI Schools Office of Administrative Hearings

What is DUI? DUI Penalties Steps to Reinstate Records Young Drivers DUI Laws Spot a Drunk Driver

What is Driving Under the Influence?

Alcohol

Alcohol is an intoxicating beverage that, when consumed, can slow brain functions, affect information processing and delay hand-eye coordination.

Combining alcohol with driving, especially over .08, can increase crash likelihood from 5x to 30x

(2015 NHTSA study)

31% of Nevada's 2016 roadway fatalities were alcohol-related

Legal Limits :

.08% BAC - Age 21+
.04% BAC - Commercial
.02% BAC - Under 21

Drugs

Drugs are generally defined as a substance in medicine or any substance used in the creation of medicine.

The term "drug" can also mean an illegal substance whose production or use is prohibited or strictly controlled by prescription.

Both types of drugs can greatly affect motor skills and impair a driver's ability to think and react.

Drivers should NOT attempt to drive if under the influence of such drugs

Includes:

Prescription medications
Illegal substances
Controlled substances

Marijuana

With the legalization of marijuana in Nevada, it is still unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with marijuana in their system.

Marijuana: Legal to Consume, Illegal to Drive

Two Types of Penalties

Administrative:
Action taken against a driver by the Nevada DMV regardless of the court findings

Criminal:
Action taken by the court system

Nevada Statistics (2012-2015)

Total Injury Crashes 4,651

Non-Serious Injuries 7,022

Serious Injury Crashes 445

All contributed to by alcohol and drugs

**Mixing both/mutli-substance will heavily impact results and cause more impairment than one singular substance.

DUI Penalties

First DUI Offense

Criminal

Arrest
Vehicle impounded
2 days to 6 months in jail or 48 to 96 hours of community service
Fine: $400 to $1,000
$60 Chemical Test Fee
DUI School required (average cost $150)
Victim Impact Panel

Driver License

Revoked 185 days minimum which may include the time served in the administrative revocation at the judge's discretion.
Ignition Interlock device required
$121 Reinstatement Fee
$42.25 Civil Penalty
DMV Tests required

Insurance

SR-22 Certificate required for 3 years (36 consecutive months)
Significantly higher insurance premiums

Second DUI Offense (within 7 years)

License revoked for one year which may include the time served in the administrative revocation at the judge's discretion.
10 days to 6 months jail or residential confinement
Fine: $750 to $1,000
100 to 200 hours of community service
Possible vehicle registration suspension
Treatment program or be placed under clinical supervision of a treatment facility for up to one year

Third DUI Offense (within 7 years) - Felony

Driver license revoked for three years which may include the time served in the administrative revocation at the judge's discretion.
Prison sentence of 1 to 6 years
Fine: $2,000 to $5,000
100 to 200 hours of community service
Possible vehicle registration suspension
May be ordered to attend a program of treatment for a minimum of three years

DUI Causing Death or Serious Injury

Driver license revoked for three years which may include the time served in the administrative revocation at the judge's discretion.
Prison sentence of 2 to 20 years
Fine: $2,000 to $5,000

Commercial Driver License (CDL) Holders

First Offense: 1-year CDL disqualification.
Hazardous Materials: If you were transporting hazardous materials during the offense, the suspension extends to 3 years.
Second Offense: Permanent, lifetime revocation of your CDL.

License Revoked in a DUI? Request a Hearing

If your driver's license has been revoked following a DUI-related incident, you may request an administrative hearing through the Nevada DMV Office of Administrative Hearings. This hearing is separate from any criminal court proceedings and reviews whether your driving privilege should be suspended or revoked.

DMV Administrative Hearings

Steps to Reinstate Your Nevada Driver's License After DUI

The exact path depends on your specific revocation status, but the standard reinstatement steps include:

Court Requirements

Attend court-ordered DUI school or treatment program

Obtain SR-22 Insurance

SR-22 Certificate of Liability Insurance must be maintained for 3 years (36 consecutive months)

Ignition Interlock Device (IID)

Install device for immediate reinstatement at your expense

Pay Fee and Visit DMV

Submit application and fee with all certificates in person

Retake Required Tests

Pass vision, knowledge, and possibly skills test at DMV

Court Requirements

Court-ordered DUI School (average $150)
Complete substance abuse treatment if required
Attend a mandatory Victim Impact Panel
Obtain official certificates of completion from each required program

Obtain SR-22 Insurance

File SR-22 Certificate through your insurance company
Proof of financial responsibility
Maintain this high-risk insurance continuously for three years

Ignition Interlock Device (IID)

Find a Certified Interlock Provider
Install at your expense
Keep the installation receipt and Certificate of Compliance
Maintain the IID for the full court-ordered duration

Pay Fee and Visit DMV

Pay the $120 alcohol/drug reinstatement fee
Pay the $35 victim impact fee
Submit all required documents and schedule an appointment at a Nevada DMV office

Retake Required Tests

Pass DMV tests, including the vision, written, or driving tests if required.

Important Reminders:

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.
You may appeal a revocation through the DMV Office of Administrative Hearings.
Do NOT drive during your revocation period unless you have an ignition interlock restricted license.
Keep copies of all documentation for your records.

Driving on a Revoked License:

Immediate Arrest: You will be arrested and your vehicle may be immediately impounded.
Mandatory Jail or House Arrest: A mandatory minimum sentence of 30 days in jail or 60 days of residential confinement (house arrest). The maximum sentence is up to 6 months in jail.
Heavy Fines: A mandatory criminal fine ranging from $500 to $1,000.
No Suspended Sentences: Judges are legally barred from granting probation or giving a suspended sentence for this charge.
Extended Revocation: An automatic additional one-year extension will be added to your license revocation period. Consecutive tracking means this extra year starts after your current revocation period completely ends.

Your Records

DMV Records

Criminal convictions are public records
Convictions, records of a DUI arrest and license revocations remain on your full DMV record for life
A revoked driver's license that is not reinstated will remain revoked indefinitely
You will NOT be able to obtain a license in any other state

Reporting Periods

DUIs and other traffic offenses are reported to:

Insurance companies and most employers: 3 years
Other state DMVs: 10 years
Law enforcement and courts: Indefinitely

Important Notes

A driver license revocation is a separate action from any criminal case.
License reinstatement is NOT automatic, even if criminal charges were reduced or dismissed.
You must meet all reinstatement requirements and apply for a license to regain your driving privilege.

DUI Laws for Young Drivers (Under 21)

Drivers Under Age 18 (Juvenile Court)

185-Day License Suspension: Triggered automatically if found driving under the influence of alcohol or drugs.
Mandatory Evaluation: Required to undergo an alcohol/drug abuse assessment. The judge may order mandatory treatment based on the results.

Drivers Ages 18 to 20 (Adult Court)

Mandatory Evaluation: Any driver under 21 convicted of a DUI must undergo a professional drug or alcohol abuse evaluation.
Standard Penalties: Subject to the same 185-day license revocation and ignition interlock device (IID) reinstatement options as drivers over 18.

Other Nevada DUI Laws

Open Container Law

Illegal:

Open alcoholic beverages in driver or passenger areas while vehicle is being driven

Exception:

Motor home living quarters
Commercial buses
Limousines
Taxis

Children Present

Aggravating Factor:

DUI with passengers under age 15 in vehicle

Result:

Harsher penalties
Longer sentences
Court considers it during sentencing

SR-22 Order of Operations

Get an interlock device installed first
Make an appointment at the DMV to get a 'Y' restriction placed on your license
After 36 consecutive months have passed with the SR-22, get the 'Y' restriction removed at the DMV and then you can remove the interlock device

How to Spot a Drunk Driver

If you see these warning signs, take down the license plate number and vehicle description. Report to authorities immediately. Do NOT attempt to stop or follow the vehicle.

Vehicle Movement

Weaving or swerving.
Wide turns
Straddling lanes
Sudden stops
Delayed starts
Driving too slowly
Rapid acceleration or deceleration
Turning abruptly or illegally
Following too closely

Driver Behavior

Driving with headlights off at night
Appearing to be drunk
Drinking in vehicle
Face close to windshield
Lack of peripheral vision
Driving too slowly
Slow response to traffic signals

Report a Suspected Drunk Driver

or any highway emergency on a cellular phone anywhere in Nevada

*NHP (*647)