DWI/DUI - Drunk Driving Laws And Attorneys In Nevada
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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NEVADA DRIVING UNDER THE INFLUENCE (DUI) LAW
Under Nevada laws on driving under the influence (DUI) of alcohol or
drugs, there are two types of penalties. The first is administrative, which
is an action taken against a driver by the Nevada Department of Motor
Vehicles, regardless of the court findings. The second is criminal,
which is action taken by the court system.
If a police officer suspects you are driving under the influence of alcohol,
you will be asked to take a blood, breath or urine tests to determine if
you have used alcohol. Nevada law says that a DUI suspect must
choose between tests if asked to take one by a police officer having
reasonable grounds to believe that he or she is under the influence. If
the DUI suspect refuses to take a test, an officer may use reasonable
force to obtain a blood sample from the suspect.
Under the state of Nevada’s Illegal Per Se Law, if chemical tests show
an alcohol concentration of .08 percent or more, or any detectable
amount of a controlled substance, your driving privilege will be revoked.
If you are under the age of 21 and a chemical test shows an alcohol
concentration of .02 percent, but less than .08 percent, your driving
privilege will be suspended. This is an administrative penalty and the
police officer can take your license immediately.
Penalties For A DUI In Nevada
Even though an alcohol concentration of .08 percent is used as a
reference , you can be arrested and convicted with a lower level BAC.
Administrative - Illegal Per Se Action
1) .08 alcohol concentration or detectable amount of controlled
substance in your blood (or .04 or more but less than .08 if you hold a
commercial driver’s license), you will receive:
a) Driver’s license is revoked for 90 days.
b) May be required to fi le an SR-22, Proof of Financial Responsibility.
c) Criminal penalties may be imposed.
2) .02 alcohol concentration for drivers under 21 years of age
a) Driver’s license is suspended for 90 days.
b) May be required to fi le an SR-22, Proof of Financial Responsibility.
c) Criminal penalties may be imposed.
Criminal
First DUI offense:
a) Driver’s license revoked for 90 days. After half the
revocation period has been completed a restricted license may be
issued.
b) Jail sentence of 2 days to 6 months, or 96 hours of community service.
c) Fine of $400 to $1,000.
d) Payment of tuition for DUI school; average cost is $150.
e) May be ordered to attend a program of treatment when the
concentration of alcohol in your blood or breath is .08 or more.
Second DUI offense within 7 years:
a) Driver’s license revoked for 1 year; not eligible for restricted license.
b) Jail sentence or residential confinement of 10 days to 6 months.
c) Fine of $750 to $1,000.
d) 100 to 200 hours of community service.
e) Possible vehicle registration suspension.
f) May be ordered to attend a program of treatment or be placed under
clinical supervision of a treatment facility for treatment for up to one year.
Subsequent DUI offense within 7 years:
a) Driver’s license revoked for 3 years; a restricted license may be
issued
b) Prison sentence of 1 to 6 years.
c) Fine of $2,000 to $5,000.
d) Possible vehicle registration suspension.
f) May be ordered to attend a program of treatment for a minimum of 3
years.
DUI causing death or serious injury:
a) Driver’s license revoked for 3 years.
b) Prison sentence of 2 to 20 years.
c) Fine of $2,000 to $5,000.
If you have a Commercial Driver’s License, any detectable amount of
alcohol can affect your driving privilege. More severe DUI penalties also
apply, including lifetime disqualification from commercial driving.
A licensed driver under the age of 18, found by juvenile court to have
been driving under the influence of alcohol or a controlled substance,
will have his or her license suspended for 90 days.
A driver under the age of 18 who is found by juvenile court to have been
driving under the influence, or a driver under the age of 21 who is
convicted of a DUI, will be required by the court to undergo evaluation for
alcohol or drug abuse. The judge may, based upon the evaluation
report, order alcohol or drug treatment for the offender.
If you are found guilty of a DUI offense and you had passengers under
the age of 15 in the vehicle you were driving, the court will consider that
as an aggravating factor in determining your sentence.
If you plead guilty or are found guilty of DUI (alcohol or drugs) and a
chemical test was conducted, the court will impose an additional $60
fine to cover the costs of the chemical analysis.
Find DWI/DUI Lawyers And Attorneys In Nevada
Under Nevada laws on driving under the influence (DUI) of alcohol or
drugs, there are two types of penalties. The first is administrative, which
is an action taken against a driver by the Nevada Department of Motor
Vehicles, regardless of the court findings. The second is criminal,
which is action taken by the court system.
If a police officer suspects you are driving under the influence of alcohol,
you will be asked to take a blood, breath or urine tests to determine if
you have used alcohol. Nevada law says that a DUI suspect must
choose between tests if asked to take one by a police officer having
reasonable grounds to believe that he or she is under the influence. If
the DUI suspect refuses to take a test, an officer may use reasonable
force to obtain a blood sample from the suspect.
Under the state of Nevada’s Illegal Per Se Law, if chemical tests show
an alcohol concentration of .08 percent or more, or any detectable
amount of a controlled substance, your driving privilege will be revoked.
If you are under the age of 21 and a chemical test shows an alcohol
concentration of .02 percent, but less than .08 percent, your driving
privilege will be suspended. This is an administrative penalty and the
police officer can take your license immediately.
Penalties For A DUI In Nevada
Even though an alcohol concentration of .08 percent is used as a
reference , you can be arrested and convicted with a lower level BAC.
Administrative - Illegal Per Se Action
1) .08 alcohol concentration or detectable amount of controlled
substance in your blood (or .04 or more but less than .08 if you hold a
commercial driver’s license), you will receive:
a) Driver’s license is revoked for 90 days.
b) May be required to fi le an SR-22, Proof of Financial Responsibility.
c) Criminal penalties may be imposed.
2) .02 alcohol concentration for drivers under 21 years of age
a) Driver’s license is suspended for 90 days.
b) May be required to fi le an SR-22, Proof of Financial Responsibility.
c) Criminal penalties may be imposed.
Criminal
First DUI offense:
a) Driver’s license revoked for 90 days. After half the
revocation period has been completed a restricted license may be
issued.
b) Jail sentence of 2 days to 6 months, or 96 hours of community service.
c) Fine of $400 to $1,000.
d) Payment of tuition for DUI school; average cost is $150.
e) May be ordered to attend a program of treatment when the
concentration of alcohol in your blood or breath is .08 or more.
Second DUI offense within 7 years:
a) Driver’s license revoked for 1 year; not eligible for restricted license.
b) Jail sentence or residential confinement of 10 days to 6 months.
c) Fine of $750 to $1,000.
d) 100 to 200 hours of community service.
e) Possible vehicle registration suspension.
f) May be ordered to attend a program of treatment or be placed under
clinical supervision of a treatment facility for treatment for up to one year.
Subsequent DUI offense within 7 years:
a) Driver’s license revoked for 3 years; a restricted license may be
issued
b) Prison sentence of 1 to 6 years.
c) Fine of $2,000 to $5,000.
d) Possible vehicle registration suspension.
f) May be ordered to attend a program of treatment for a minimum of 3
years.
DUI causing death or serious injury:
a) Driver’s license revoked for 3 years.
b) Prison sentence of 2 to 20 years.
c) Fine of $2,000 to $5,000.
If you have a Commercial Driver’s License, any detectable amount of
alcohol can affect your driving privilege. More severe DUI penalties also
apply, including lifetime disqualification from commercial driving.
A licensed driver under the age of 18, found by juvenile court to have
been driving under the influence of alcohol or a controlled substance,
will have his or her license suspended for 90 days.
A driver under the age of 18 who is found by juvenile court to have been
driving under the influence, or a driver under the age of 21 who is
convicted of a DUI, will be required by the court to undergo evaluation for
alcohol or drug abuse. The judge may, based upon the evaluation
report, order alcohol or drug treatment for the offender.
If you are found guilty of a DUI offense and you had passengers under
the age of 15 in the vehicle you were driving, the court will consider that
as an aggravating factor in determining your sentence.
If you plead guilty or are found guilty of DUI (alcohol or drugs) and a
chemical test was conducted, the court will impose an additional $60
fine to cover the costs of the chemical analysis.
Find DWI/DUI Lawyers And Attorneys In Nevada
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