First and foremost, it’s important to understand what constitutes a DUI in Nevada. Under Nevada law, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or higher. For drivers under the age of 21, the legal limit is .02%. For commercial drivers, the legal limit is .04%. It’s worth noting that you can still be arrested and charged with a DUI even if your BAC is below these limits if the officer believes you are impaired.
If you are pulled over on suspicion of driving under the influence in Nevada, the officer may administer a field sobriety test, a breathalyzer test, or both. Refusal to take these tests can result in an automatic license suspension for up to a year. If you do take the tests and fail, you will be arrested and charged with a DUI.
Penalties for a DUI in Nevada
The penalties for a first-time DUI offense in Nevada are fines of up to $400, up to six months in jail with a 2-day mandatory minimum, and a suspended driver’s license for up to 185 days. In addition, you may be required to install an ignition interlock device (IID) in your vehicle for six months to 3 years, which requires you to blow into a breathalyzer before starting your car. The cost of the IID is the responsibility of the offender.
For subsequent DUI offenses, the penalties become more severe. Second-time offenders face fines of up to $750, spend 10 days to six months in jail, and a suspended driver’s license for one year. They may also be required to install an IID for one to three years. Third-time offenders face fines of up to $2,000, spend between one and six years in prison, and have their license suspended for up to three years. They are also required to install an IID for one to three years.
Finally, Nevada has an implied consent law, which means that by driving on the state’s roads, you are giving your consent to be tested for alcohol or drugs if you are pulled over on suspicion of a DUI. Refusal to take a blood, breath, or urine test can result in an automatic license suspension for up to a year.
In conclusion, the DUI laws in Nevada are strict and carry severe consequences for those caught driving under the influence. If you are planning on driving in Nevada, it’s important to understand these laws and take steps to avoid a DUI conviction. This includes never drinking and driving, using public transportation or a designated driver, or staying in a nearby hotel if you plan on drinking. Remember, the best way to avoid a DUI conviction is to never get behind the wheel if you have been drinking or using drugs.
If you’ve been charged with a DUI, Richard P. Davies and his team are here to help you. Call (775) 360-6894 today to schedule your free consultation.