Nevada DUI Law & Lawyers: DUI-Web

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As in most states, an arrest for DUI in Nevada will result in two separate cases. First, there is the criminal court case which can result in various penalties including fines, license suspensions, mandatory alcohol rehabilitation classes and even jail time. The second cases is the civil administrative case with the Nevada DMV. The sole issue with the administrative case against the Nevada DMV is your privilege to drive. The burden of proof is lesser than the "beyond a reasonable doubt" standard in criminal court cases. It is quite possible to have the criminal case dismissed and still lose the administrative case and subsequently have your license suspended.

The DUI Criminal Case

The prosecution in the criminal case has two separate theories in which to pursue a DUI charge. The first and most common theory is what is called the "per se" theory , which simply means that it is the illegal to drive with an alcohol content of .08% or higher. Under this theory it makes no difference whether or not the driver was actually impaired. The law is broken by simply having a blood alcohol concentration at or above the legal limit of .08%.

The second theory it is what is known as the "driving under the influence" theory. This means it's illegal to operate a vehicle while you're under the influence of alcohol and/or drugs to the extent that it makes you unsafe to drive. The prosecution will typically have to prove you were unsafe to drive as a result of the consumption of alcohol and/or drugs through evidence such as the arresting officer's testimony, the testimony regarding your field sobriety tests, physical appearance, driving pattern and eyewitness statements. It is possible to be convicted under this theory even if you're BAC was under .08%.

In addition to the criminal charge of DUI, an arrest for DUI in Nevada triggers the implied consent law. In Nevada, you no longer have the right to refuse a blood or breath alcohol test. This means the police may use force to draw blood, if necessary, to obtain evidence to use against you in a drunk driving case.

DUI Penalties

The severity of the penalties available for a driving under the influence conviction are dependent upon several factors, namely whether this was your first or subsequent offense. Nevada has a seven-year "washout" period. This means that the state will only look back seven years to determine how many prior offenses you may have. The "washout" period is determined from the prior DUI arrest date to the current DUI arrest date.

A first offense DUI in Nevada could result in 48 hours to six months in jail with a minimum of 96 hours of community service. The fines can range from $340 to a maximum of $1175. A first offense conviction will result in a 90 day suspension of your driving privileges. It's possible to obtain a restricted license after the initial 45 days. In addition, the court will require DUI school, a DUI assessment program and possibly a victim impact panel. The court may also order an ignition interlock device.

The second offense will result in a minimum of 10 days and a maximum of six months in jail. The fine will be $675 to $1175. You will lose your license for one year and the court may also order between 100 to 200 hours of community service, a mandatory treatment program, a victim impact panel and an ignition interlock device.

A conviction of three or more DUI’s within seven years will result in a felony conviction. There is a minimum of one year to six years in Nevada state prison. The fines can range from $2,085 to $5,085. You will lose your license for three years and the court will impose an ignition interlock device for 12 to 36 months after your release from prison.

DUI that results in death or substantial bodily harm:

if you are convicted of a DUI in which an accident occurred that resulted in substantial bodily harm or death to someone involved, it will result in a felony conviction. The law mandates a minimum of two years and a maximum of 20 years in prison and a fine of between $2,000 and $5,000.