DUI Laws in Nevada

0.08 for drivers generally. For commercial motor vehicle drivers, a separate offense applies at 0.04 or more but less than 0.08.

A first DUI within 7 years is a misdemeanor. The court must order an alcohol/substance-use education course (at the person's expense), sentence the person to 2 days to 6 months in jail or residential confinement or 48 to 96 hours of community service, and impose a fine of $400 to $1,000. If the BAC was 0.16 or more, the person must attend a treatment program. A test result of 0.08 or more brings a 185-day license revocation, during which the person must install an ignition interlock to get an ignition interlock privilege.

In Nevada, a 3rd DUI within 7 years is a category B felony, with 1 to 6 years in state prison and a $2,000 to $5,000 fine. Any later DUI after a prior felony DUI (or after a DUI-related homicide or a DUI causing death or substantial bodily harm) is also a category B felony, with 2 to 15 years in prison. A DUI that causes death or substantial bodily harm to another person is a category B felony on a first offense. If someone died, the prison term is 2 to 25 years, with longer minimums when the driver has prior offenses.

Failing to submit to an evidentiary test leads to license revocation with no eligibility for 1 year, or 3 years if the license was revoked for refusal in the immediately preceding 7 years. During the period, the person must install an ignition interlock to obtain an ignition interlock privilege.

7 years. DUI penalties are based on whether the offense is the first, second, or third within 7 years.

The Nevada DMV says DUI convictions, records of a DUI arrest and license revocations stay on your full DMV record for life. DUIs and other traffic offenses are reported to insurance companies and most employers for 3 years, and to other state DMVs for 10 years. For repeat-offense penalties, the lookback is 7 years. On the criminal record, a misdemeanor DUI can be sealed by court petition 7 years after release from custody or the end of a suspended sentence. A felony DUI (a 3rd offense under 484C.400(1)(c)) or a DUI causing death or substantial bodily harm cannot be sealed.

During a DUI-related revocation, a person may obtain an ignition interlock privilege by installing an ignition interlock device at their own expense; in limited cases (for example, a person unable to provide a deep lung breath sample), the DMV may issue a restricted license instead.