Penalties and DUI Laws in Las Vegas, Nevada

According to Nevada DUI laws, it is a crime to operate a motor vehicle under the following conditions:

1. While you are intoxicated or under the influence of drugs, or
2. You have a BAC of .08% or higher (this figure must be obtained through a measurement of the BAC within two hours of driving) – this figure is reduced to .04% for commercial drivers and .02% for any driver who is under the age of 21

First-offense DUIs are often charged as misdemeanors in Nevada courts, and the penalties include the following:

• A duration of at least 2 days and at most 6 months spent in jail/residential confinement or 48 to 96 hours dedicated to community service,
• $400 to $1,000 paid in fines,
• Attendance of online DUI School,
• Attendance of a Victim Impact Panel, and
• A license suspension of 185 days (defendants are allowed to receive a restricted license in case they agree to install an ignition interlock device in their vehicle).

A DUI that has caused substantial physical harm to a person might lead to much stricter penalties, as listed below. These penalties are in the following Nevada DUI statutes:

Statute	Nevada DUI Offense	Penalty
NRS 484C.400	DUI 1st (in 7 years)	Charged as a misdemeanor with at least 2 days or at most 6 months of jail time, $400 to $1,000 in fines, attendance at the DUI School and Victim Impact Panel, an Ignition Interlock Device (185 days), and a license suspension for 185 days.
NRS 484C.400	DUI 2nd (in 7 years)	Charged as a misdemeanor with the defendant receiving at least 10 days or at most 6 months in prison, a $750 to $1,000 fine, mandatory attendance required at the Victim Impact Panel, an alcohol or drug dependency evaluation, a one-year license suspension, and an Ignition Interlock Device for 1 year with the same terms and conditions as above.
NRS 484C.400	DUI 3rd (in 7 years)	Charged with a category B felony with 1-6 years in prison, a $2,000 to $5,000 fine, attendance at the victim impact panel, alcohol and drug dependency evaluation, and a three-year license suspension.
NRS 484C.430	DUI causing injury or death	Charged with a category B felony with 2-20 years required in prison, a $2,000 to $5,000 fine, a three-year license suspension and an Ignition Interlock Device for 3 year with the same terms and conditions as above.
NRS 484C.410	DUI after felony DUI conviction	The same conditions apply as NRS 484C.430, except that the jail time required is 2-15 years.

1^st Time DUI in Nevada – The Penalties

In Nevada, it is against the law to operate a vehicle with a BAC above the legal range. It is considered a misdemeanor as long as no one else is seriously injured, and no jail time is imposed as long as other penalties are fulfilled.

A first-time conviction usually includes the following:

1. Spending at least two days or at most six months in jail or dedicating 24 to 96 hours to community service. In most cases, jail time can be avoided if you fulfill the other sentencing terms
2. You are required to attend the DUI school, which engages participants in alcohol awareness. This must be funded individually.
3. You must pay fines that depend on the judge. These often range from $400 to $1,000 for first-time DUIs.
4. You must attend the Nevada Victim Impact Panel, which usually consists of lectures that warn you about the dangers of drunk driving.
5. You are usually required to attend an alcohol or drug abuse treatment program if your BAC is .18% or higher. You would also be required to receive an alcohol or drug dependency evaluation which costs $100 (this evaluation also applies if you are under 21).
6. A breath interlock device must be placed in your car for 185 days.
7. The DMV usually revokes your license, and you will receive a $35 civil penalty fee. However, you can soon receive permission to drive once you install the breath interlock device.

Completing the misdemeanor DUI court program can help you avoid jail time and get the charge dismissed. However, this program is for intense rehabilitation and requires the defendant to wear a SCRAM anklet which measures their blood alcohol levels. Moreover, a first DUI conviction would often remain on your record for 7 years before it can be sealed.

2^nd Time DUI in Nevada – The Penalties

Second-time DUIs in Nevada would also result in a misdemeanor charge. Although this is not a felony, you may still need to put in some jail time as it is a second-time offense.

This offense includes the following penalties:

1. You are required to spend 10 days to 6 months in jail or residential confinement.
2. You must pay fines ranging from $750 to $1,000, including court costs (these can be replaced with equivalent hours of community service).
3. You must attend the Nevada Victim Impact Panel and receive an alcohol or drug dependency evaluation for $100.
4. You must attend a controlled substance abuse or alcohol treatment program.
5. You must allow for the installation of a breath interlock device inside your car for 1 year.
6. You would usually receive a 1-year suspension of your driving privileges and a civil penalty fee of $35.

It is important to remember that completing the Misdemeanor DUI Court program can allow you to avoid jail time. It can also lead to a dismissed charge. This intensive program requires you to wear a SCRAM anklet which monitors the alcohol in your system. However, not everyone is eligible.

Keep in mind that much like first-time convictions, second-time convictions will also remain on your record for seven years before you can seal them.

3^rd Time DUI in Nevada – The Penalties

A conviction of driving under the influence for the third time within seven years would always be charged as a category B felony in Nevada, regardless of whether you or anyone else got injured.

A standard third DUI punishment penalty would include the following:

1. 1 to 6 years spent in Nevada State prison (this would put you in a minimum-security facility that is situated away from violent offenders).
2. You are required to pay fines ranging from $2,000 to $5,000.
3. You are required to attend a Victim Impact Panel.
4. You are required to install a breath interlock device to your car for 3 years after you are released.
5. You may need an alcohol or drug dependency evaluation.
6. You will also receive a suspension of your driver’s license for three years and be charged with a $35 civil penalty fee.

Prison and felony convictions are avoidable through the Felony DUI Court. Much like the previous programs, this is extensive and requires wearing a SCRAM anklet. However, a third-time conviction will remain on your criminal record.

Substantial Bodily Harm or Death Resulting from DUI – Penalties

This is classified as a category B felony regardless of if it is your first conviction of DUI. The penalties include:

1. 2 to 20 years spent in a minimum security prison
2. Fines from $2,000 to $5,000
3. Mandatory attendance at a Victim Impact Panel
4. A breath interlock device installed for 3 years, starting after your release

Probation in lieu of incarceration might not be possible in this case. Much like the third time DUI conviction, this would not be sealed from the records in the future. Moreover, a repeated offense may cause the case to be charged as a vehicular homicide. This carries the following penalties;

1. 25 to life in prison with the possibility of parole after 10 years
2. Mandatory attendance required at a victim impact panel
3. A breath interlock device in the car for 3 years, starting after the release

Much like the category B felonies above, this charge may never be sealed from the records.

DUI Following a Felony – Penalties

Any felony drunk driving charges in the past will automatically lead to subsequent DUIs being classified as felonies, regardless of whether injuries were caused. Penalties include:

1. 2-15 years imprisonment in minimum security
2. Fines worth $2,000 to $5,000
3. Mandatory attendance at a victim impact panel
4. Breath interlock device fixed in your car for 3 years, starting after your release

Further Conditions

Here are some common instances and situations where penalties might change:

Children in the Car

DUI with a child in the car might lead to harsher consequences. The first instance may lead to a maximum fine of $1,000, along with further repercussions.

Reduced DUIs

The NRS DUI statutes do not allow for a reduction or dismissal of a DUI unless substantial evidence is not present (NRS 484C.420 – .440). A defense attorney is responsible for proving that the case is not strong enough for the prosecution to win. This can lead to a dismissed charge or a reduction to a lesser charge.

This can be proven through inaccuracy or incorrect administering of the field sobriety tests, defective blood or breath tests, proving a lack of probable cause for the traffic stop or arrest, or proving that you weren’t driving.

How Long Does a DUI Stay on Record?

This depends entirely on the kind of DUI. Misdemeanor DUIs may stay on record for 7 years before they can be removed through a petition for a court seal. However, felony DUIs remain on record forever. Dismissed misdemeanor charges can be sealed immediately, and it is important to talk to your lawyer. Our lawyers at The Bourassa Law Group can help you achieve a dismissed or reduced charge and walk you through the process from start to finish.