4 min read time
Table of Contents
Nevada's Legal Blood Alcohol Concentration BAC Limits
Nevada DUI laws under NRS 484C.110 state that it's illegal to operate a vehicle with a Blood Alcohol Concentration (BAC) of:
- 0.08% or higher for drivers aged 21 and older
- 0.04 or higher for commercial drivers
Exceeding the Nevada DUI BAC limits could result in a DUI conviction that could carry substantial fines and jail time.
What Is the Legal BAC Limit Under 21 in Nevada?
In Nevada, drivers under the age of 21 must have a BAC under 0.02%; anything over is considered illegal and could result in license suspension, community service, and fines.
What Is the Penalty for a DUI in Las Vegas?
In Nevada, a DUI conviction could result in numerous penalties listed in NRS 484C.400, such as fines, jail time, and community service. The severity and extent of these punishments depend on the number of drunk driving offenses and whether damage or injury was caused by impaired driving.
First DUI Offense
According to Nevada DUI laws, first-time offenders will be charged with a misdemeanor and may face jail time ranging from 2 days to 6 months or 48 to 96 hours of community service.
In addition, a first-time offender may be subjected to fines ranging from $400 to $1,000 and be required to attend a DUI school.
Second DUI Offense
If a first-time offender is caught driving drunk for a second time within 7 years, it will be considered their second DUI conviction.
They will face a misdemeanor charge that could result in jail time ranging from 10 days to 6 months, fines ranging from $750 to $1,000, and mandatory attendance at a DUI school.
Also, the drunk driver will face a mandatory installation of an ignition interlock device (IID) for up to 2 years.
Third DUI Offense
Drivers who face a third drunk driving offense within 7 years will face a felony DUI charge, which could result in prison time ranging from 1 to 6 years, fines varying from $2,000 to $5,000, and a mandatory installation of an ignition interlock device for up to 3 years.
In addition to the criminal penalties, a category B felony DUI charge brings a felony charge will be added to the drunk driver's criminal record, which may make finding employment, housing, and financial aid more difficult.
Penalties for a DUI Resulting in Injury or Death
If the event a person is in a drunk driving accident that results in injury or death, the impaired driver will be placed under DUI arrest and face a category B felony according to Nevada DUI laws.
There are harsh penalties for a Nevada DUI resulting in injury or death, such as:
- Prison time ranging from 2 to 20 years
- Fines ranging from $2,000 to $5,000
- Mandatory IID for up to 3 years
An infamous case of Las Vegas drunk driving that resulted in a fatality was Ex-Las Vegas Raider Henry Ruggs, who was sentenced to 3-10 years for impaired driving.
Nevada Implied Consent Law
Under NRS 484C.160, Nevada law outlines that by driving on public roads, such as Las Vegas highways or streets, you automatically consent to a chemical or breath test if suspected of drunk driving.
This Nevada law is used to prevent drunk driving, and refusal to take a chemical (blood test) or breath test may result in criminal and financial punishments.
What Is the 2-Hour Rule for DUI in Nevada?
The "2-Hour Rule" outlined in NRS 484C.100 states that a person can be charged with impaired driving if their blood alcohol concentration (BAC) is above the legal limit within two hours of driving or being in actual physical control of the vehicle.
What this means is that if you were driving or in actual physical control of a vehicle in the last 2 hours and your blood alcohol concentration is above the limit, you will be charged with a drunk driving offense, even if you stopped driving.
How Long Is Your License Suspended for DUI in Nevada?
In Nevada, how long license suspension may last after a DUI arrest will depend on the number of offenses you have and the circumstances surrounding your DUI charge.
Here's an overview of how long your driver's license may be suspended depending on specific circumstances:
- First DUI Offense: According to NRS 484C.210, first-time offenders usually face a 90-day driver's license suspension.
- Second DUI Offense: A second time DUI will result in a 1-year license suspension.
- Third DUI Offense: Third-time DUI offenders will face a 3-year license suspension.
- DUI Resulting in Injury or Death: If an impaired driver causes injury or death to another, they could have their license suspended for up to 3 years in addition to other criminal penalties under NRS 484C.430.
How Long Does a DUI Last on Your Record in Nevada?
In Nevada, a DUI conviction can stay on your criminal record indefinitely, as Nevada, unlike other states, does not automatically erase DUI charges after a certain period.
However, you can petition in court to seal your DUI charge after a specific amount of time, usually seven years, for a misdemeanor DUI charge with no prior convictions.
If you have a felony DUI charge, you cannot have your record sealed, meaning the felony conviction will remain on your criminal record forever.
On a driving record, a driving drunk charge will typically remain for 10 years.
Contact a Las Vegas Car Accident Lawyer Today
If you were injured in a drunk driving accident in Las Vegas, you need a team such as The Rodney Okano Car Accident Lawyer Law Firm to represent you, as with 20+ years of experience and countless DUI cases, successfully handled the experienced Las Vegas car accident lawyers will obtain the compensation and justice you're entitled to.
Don't wait—call (702) 566-3600 to discuss your drunk driving case with us today.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
