Nevada Drunk Driving Laws

Choosing to get behind the wheel after consuming alcohol is one of the riskiest decisions a driver can make. In addition to endangering their own lives, impaired drivers put the safety of countless other motorists at stake, and their actions often lead to devastating results. Given the number of alcohol-related accidents that occur in the United States each year, it’s easy to see why lawmakers focus their attention on ways to prevent drunk driving. In an effort to crack down on these individuals, state legislation outlines a number of situations where a driver can be arrested for driving under the influence (DUI)—and when it comes to these guidelines, Nevada drunk driving laws are some of the most restrictive in the nation.

Blood alcohol content, or BAC, is the metric used to determine a driver’s level of impairment. Often referred to as blood-to-alcohol ratio, BAC reflects the percentage of alcohol a person has in his or her bloodstream. In Nevada, any driver who has a BAC of 0.08% or higher is legally impaired and can be arrested for DUI—regardless of his or her ability to drive. However, there are a few exceptions to this rule.

If you are underage or operate a commercial vehicle (such as a tow truck or tractor trailer, for example), you may be arrested with a BAC below 0.08%. Since a person must be 21 or older to purchase alcohol, an underage driver is deemed impaired once his or her BAC reaches just 0.02%. Commercial vehicle drivers, on the other hand, can be arrested for drunk driving if they have any amount of alcohol in their system at all—or, in other words, a BAC above 0.00%.

The only way to determine a driver’s BAC is through chemical testing, such as a breathalyzer or blood or urine test. Under the Nevada “Implied Consent Law,” all motorists must allow a member of law enforcement to administer one or more chemical tests if the officer suspects them of driving under the influence. As a result of this law, refusing the test can lead to even more severe consequences than failing.

Nevada’s DUI sentencing guidelines are based on the offender’s prior history of drunk driving. For a first-time offender, a conviction carries a 90-day license suspension, $400 to $1,000 fine, and up to a 6-month jail sentence. Community service, alcohol treatment, and/or DUI school may also be required in some instances.

If you are convicted of a second DUI within a seven-year period, your penalties will include a one-year license suspension and a minimum $750 fine. You’ll also spend at least 10 days behind bars, and your vehicle may be impounded as a result of your actions. If you are found guilty of a third DUI within seven years, the judge may impose the maximum penalties under state law—including a $5,000 fine, 3-year license suspension, and 6-year prison sentence.

Given all the penalties that go along with a Nevada DUI conviction, it’s easy to see why so many drivers who are charged with the offense choose to obtain legal counsel. If you would like to improve your chances of obtaining a successful outcome in court, complete our online form today to get in touch with a skilled DUI defense attorney in your area for a free, no-obligation consultation.