The laws for driving under the influence of a controlled substance or driving under the influence of alcohol in Nevada are found in the N.R.S. (Nevada Revised Statutes) Chapters 483 and 484C. Some of the most prominent and important NRS DUI laws are listed below:
License Revocation following DUI – NRS 483.460
Under N.R.S. 483.460, upon conviction, a person’s driver’s license will be revoked for 185 days in the case of a first-time DUI. If it’s the defendant’s second-time DUI in a period of 7 years, their driver’s license will be revoked for one year. In the case of a third-time DUI in a period of 7 years, the driver’s license will be revoked for 3 years. However, the driver may continue to drive if an ignition interlock device is installed.
License Revocation for Underage DUI – NRS 483.461
If an individual under the age of 21 is caught driving with a BAC (blood alcohol content) of 0.02% to 0.08%, the Nevada Department of Motor Vehicles (DMV) suspends their driver’s license for 90 days.
Proof of Financial Responsibility – NRS 483.525
A person must maintain financial responsibility for 3 years after the date their license was reinstated, or the DMV will suspend their license or driving privileges.
Definition of DUI – NRS 484C.110
DUI (Driving under the influence) encompasses:
- Being in physical control of a vehicle while being drunk (impaired by alcohol),
- Being in physical control of a vehicle while being impaired by drugs (drugged driving),
- Being in physical control of a vehicle with blood alcohol content (BAC) of 0.08% or higher,
- Being in physical control of a vehicle with drugs in the blood at illegal nanogram levels.
Definition of Commercial DUI – NRS 484C.120
A commercial DUI is when any person drives a commercial motor vehicle with a blood alcohol content (BAC) of 0.04% or higher. The driver will be charged for commercial DUI even if there’s no impairment.
Definition of Vehicular Homicide – NRS 484C.130
Vehicular homicide is when a person drives or is in actual physical control of a vehicle while under the influence of alcohol, having a concentration of alcohol of 0.10 or more in their breath or blood, proximately causing the death of another, and has three prior offenses.
Preliminary Breath Test – NRS 484C.150
Any individual who drives or is in actual control of a vehicle gives implied consent to submit to a roadside breathalyzer test in Nevada. If the driver refuses, they will get their license confiscated immediately.
Evidentiary Tests – NRS 484C.160
Individuals arrested for DUI must submit to a blood, breath, or urine test. Some individuals with certain medical conditions are exempt from a blood test but are still required to take a breath or urine test. If an individual is arrested for drugged driving, they are required to take a blood test. If they refuse the required chemical test, the police have the authority to forcefully issue a warrant for drawing a blood sample.
Refusing to Submit to a Chemical Test – NRS 484C.210
Arrestees who refuse to submit to a blood or breath test get their driver’s license revoked for one year. If they have refused to submit to a chemical test before in the last 7 years, their driver’s license will be revoked for 3 years if they refuse to submit to a chemical test again.
Seizing the Driver’s License – NRS 484C.220
Law enforcement will immediately seize the driver’s license of a DUI arrestee who fails the evidentiary breath test. The arresting officer must advise the person that they have a right to request a temporary license. If they do, the temporary license is valid for 7 days including the date of issuance. DUI arrestees who submit to a blood test can keep their driver’s license till the DMV emails them:
- A notice stating that their driver’s license has been revoked because they failed their blood test,
- A temporary license, valid for 7 days.
DMV Hearing – NRS 484C.230
DUI defendants can content their driver’s license revocation at a DMV hearing. A defendant must request this hearing in writing. Each defendant is only entitled to one of these hearings. At a DMV hearing, the Department will review if the defendant failed to submit to a breath or blood test, what the blood alcohol content was at the time of testing. After review, the Department will either affirm or rescind the revocation of the driver’s license.
Admissibility of Refusing Chemical Tests – NRS 484C.240
If an individual refuses to submit to an evidentiary blood or breath test, it can be used as evidence in the DMV and criminal cases.
Misdemeanor DUI Court for First-Time DUI Offenders – NRS 484C.320
If a first-time DUI offender is suffering from alcohol or drug addiction, they can avoid going to jail through a misdemeanor DUI court rehabilitation program. The offender must attend the program for at least 6 months.
Misdemeanor DUI Court for Second-Time DUI Offenders – NRS 484C.330
If the DUI defendant is charged for a second-time offense and is suffering from alcohol or drug addiction, they may be eligible for an intensive misdemeanor DUI court program. The defendant must be diagnosed with a substance use disorder by a licensed professional, must pay the cost of treatment to the extent of their financial resources, and serve no less than 5 days in jail.
Felony DUI Court for Third-Time DUI Offenders – NRS 484C.340
If a third-time DUI offender is suffering from alcohol or drug addiction, he may not have to serve jail time in the Nevada State Prison if they are eligible for a felony DUI court rehabilitation program. The offender must participate in the program for at least 3 years, serve 6 months of confinement to their home, be placed under an electronic monitoring system, install an ignition lock device, and agree to period testing for controlled substances.
Mandatory Evaluations – NRS 484C.350
Defendants of misdemeanor DUI who were found to have a BAC of 0.18% or more have to submit to a substance abuse evaluation, even if they’re underage.
DUI Penalties – NRS 484C.400
First-time DUI offenses are misdemeanors which subject the defendant to 6 months in jail, up to $1000 in fines, specified time in DUI school, and a Victim Impact Panel. Second-time DUI offenses within a period of 7 years are categorized as a category B felony, which is punishable. The defendant must serve 1 to 6 years in prison and pay fines of $2000 and $5000. If the defendant can’t afford to pay fines, they’ve got to do community service.
DUI After a Felony DUI – NRS 484C.410
If the defendant convicted for DUI has felony DUI in their record, their offense is categorized as category B felony, and they must serve jail time of 2 to 15 years and pay $2,000 to $5,000 in fines.
DUI Reductions or Dismissals – NRS 484C.420
DUI charges aren’t dismissed or reduced unless there’s any probable cause that supports the charge, or the evidence is insufficient to prove that the defendant is guilty. This is why DUI defense attorneys try to convince the D.A. that the DUI case is weak, and they cannot succeed in court.
DUI with Death or Injury – NRS 484C.430
If a DUI has caused substantial bodily harm or has resulted in death, it’s categorized as a category B felony, and the defendant must serve prison time for 2 to 20 years and $2000 to $5000 in fines.
Penalties for Vehicular Homicide – NRS 484C.440
Vehicular homicide is categorized as a category A felony, and it carries 25 years or life in prison.
Ignition Interlock Devices – NRS 484C.460
Defendants must obtain and install an ignition interlock device if they want to reinstate their driving privileges after a DUI.