Nevada Drunk Driving Laws
When is a Driver Considered to be Legally Drunk in Nevada?
- Non-commercial drivers age 21+ are considered legally drunk when their blood alcohol level is .08 or more.
- Drivers of commercial vehicles are legally drunk when their blood alcohol concentration is .04 percent or greater.
- Drivers under 21 are legally drunk when their blood alcohol level is
.02 or more.
Penalties for Drunk Driving in Nevada
- A first-time offender faces up to six months in jail or up to 96 hours of community service while dressed in distinctive garb that identifies the offender as a violator of Nevada’s DUI laws. A first-time offender is also subject to a fine ranging from $400 to $1,000. These offenders must also pay for and attend an education course on alcohol abuse. The driver’s license revocation period is 90 days. First-time offenders with a BAC of .18 or greater will be placed in an alcohol treatment facility for up to one year.
- A person who commits a second DUI within seven years of the first conviction faces up to six months in jail or six months in residential confinement, which is the equivalent of house arrest. These offenders are also subject to pay a fine between $750 and $1,000 or perform an equivalent numbers of hours of community service while dressed in distinctive garb that identifies the offender as having violated Nevada’s DUI laws. Second-time offenders will also be placed in an alcohol treatment facility for up to one year. The driver’s license revocation period is one year.
- A person who commits a third DUI within a seven-year period faces one to six years in prison and must pay a fine of $2,000 to $5,000. The driver’s license revocation period is three years.
Those convicted of DUI in Nevada are required to pay a $35 civil penalty to the state.
A judge may order a person convicted of DUI for the first or second time to use an ignition interlock device for three to six months after driving privileges are restored if the offender’s BAC was less than .18. Use of an ignition interlock device, however, is mandatory for a period of 12 to 36 months after restoration of driving privileges in the following three situations: (1) where the offender has a BAC of .18 or greater; (2) where the offense is the third DUI violation in seven years; and (3) where the offender has a BAC of .08 or greater and causes death or serious bodily injury to another person.
In addition to other penalties that may apply under Nevada’s DUI laws, a commercial driver who is convicted of DUI while operating any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the offender was driving a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. If a commercial driver commits a second DUI while driving any vehicle, the offender will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of 10 years.
Drivers Under 21
If a person under 21 commits a DUI with a BAC of .02 but less than .08, that person will receive a mandatory driver’s license suspension of 90 days. Underage DUI offenders are also required to undergo an consultation to determine whether the offender is an abuser of alcohol. The offender can be charged up to $100 for the consultation. Nevada law also permits drivers under 21 to be prosecuted and punished for DUI under the laws applicable to drivers 21 and older.
Dram Shop Liability
Nevada does not have a dram shop statute.
Criminal Penalties for Selling or Furnishing Alcohol to a Person Under 21
In Nevada, it is a crime to sell or furnish alcohol to a person under 21. Those who violate this law are subject to a jail term of up to six months and payment of a fine of up to $1,000. In lieu of all or part of this punishment, a judge may order the offender to perform community service work for up to 200 hours.
Need more information on state laws? Learn more about the laws where you live.
Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.