DUI Laws in Nevada

Here are the important facts about DUI in Nevada.

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In Nevada, you can get a DUI if you drive with a blood alcohol concentration (BAC) of 0.08% or higher, regardless of whether your driving ability was actually impaired. And the law in Nevada says that if you are driving a vehicle, you have given consent to submit to a chemical test for the purpose of determining the amount of alcohol in your blood. Here are some details on the consequences of refusing to take a chemical test in Nevada and other details about Nevada DUI law.

In Nevada, what are the consequences of refusing to take a chemical test (usually a breathalyzer or blood test) when suspected of DUI?

Here are the consequences for not taking a breathalyzer or blood test in Nevada, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

The officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested.

In Nevada, when do police have to measure your blood alcohol content (BAC)?

In Nevada, law enforcement officers are supposed to measure your BAC within 2 hours of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time.

What is the maximum BAC for drivers under 21 in Nevada?

In Nevada, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is .02%.

What are the minimum jail times for a DUI in Nevada?

Here are the minimum jail times for a DUI in Nevada, broken out by whether this is your first, second, or third offense:

1st offense

2nd offense

3rd offense

2 days or 48 hours community service (while wearing distinctive garb that marks the person as having committed a DUI)

10 days

1 year

 

How long will prior DUI convictions remain relevant for sentencing purposes in Nevada?

In Nevada, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 7 years.

Can a DUI be “pleaded down” to a "wet reckless" in Nevada?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

If you are interested in contacting a lawyer, you can find a DUI lawyer in your area in Nolo's Lawyer Directory.

Are ignition interlock devices (IIDs) required for convicted DUI offenders in Nevada?

Yes, an ignition interlock device is for all offenses, including a first offense, for 3 to 6 months.

Where can I get more information about DUI laws in Nevada?

Nolo's DUI/DWI topic has many helpful articles, including a Drunk Driving, DUI, and DWI FAQ. For more help after a DUI arrest, see Nolo's Lawyer Directory, where you can view in-depth profiles of Nevada DUI attorneys in your area.

Last updated on 09/01/2010.

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