Nevada defines "driving under the influence" (DUI) as operating a motor vehicle:
In other words, you can be convicted of a DUI based on an excessive BAC or actual drug or alcohol impairment.
The minimum and maximum DUI penalties depend mostly on how many prior convictions a driver has and the driver's BAC. The chart below provides potential sentences for a first, second, and third DUI conviction in Nevada.
1st Offense |
2nd Offense (within 7 years) |
3rd Offense (within 7 years) |
|
Jail |
2 to 180 days (the judge can order 48 to 96 hours of community service in lieu of the minimum jail time) |
10 to 180 days maximum (judge can order home confinement instead of jail) |
1 to 6 years in prison |
Fines |
$400 minimum |
$750 minimum (or equivalent number of community service hours) |
$2,000 minimum |
185 days with a BAC less than .18% (1 to 3 years with BAC of .18% or more) |
185 days with a BAC less than .18% (1 to 3 years with BAC of .18% or more) |
1 to 3 years |
All Nevada drivers convicted of a DUI face a driver's license revocation. The revocation for a first, second, and third DUI are as follows.
1st Offense |
2nd Offense |
3rd Offense |
|
Revocation Period |
At least 185 days |
1 year |
3 years |
Because a person cannot be in "actual physical control" of a car while under the influence of alcohol or drugs or with a BAC of .08% or more, it is possible to get a DUI without actually driving.
In deciding whether a driver was in actual physical control of a vehicle, a judge or jury might consider factors such as:
Nevada recognizes the "sleeping-it-off" defense. If proven, the driver cannot be convicted for DUI. For this defense to apply, the driver must prove:
Nevada has an "implied consent" law that requires all drivers lawfully arrested for driving under the influence to take a blood, urine, or breath test. Drivers who refuse testing generally lose their license for one year on a first offense and three years on a second or subsequent offense.
For purposes of determining what is a second or subsequent refusal, prior DUI convictions, refusals, and failed BAC test (.08% or greater) within the past seven years are counted.