If an individual is suspected of operating a vehicle under the influence of alcohol or drugs, he or she may be charged with Driving Under the Influence , or DUI. Some states may also refer to this charge as Driving While Intoxicated, or DWI.
Nevada DUI Law
A driver may be charged with DUI in Nevada if he or she exhibits signs of impairment from drugs or alcohol and/or if a chemical test shows that they are under the influence of a controlled substance.
Blood Alcohol Concentration Limits
In Nevada, driving with a BAC that exceeds a certain limit is “illegal per se,” which means that it is automatically a crime even if there are no other other signs of impairment. The current BAC limit in the state of Nevada for most drivers is 0.08 percent. For commercial license holders, the BAC limit is 0.04 percent. For drivers under the age of 21, the BAC limit is only 0.02 percent.
Nevada also imposes limits on the amount of other controlled substances in a driver’s system. If a chemical test shows that a driver exceeded any of these limits while driving, they will be charged with DUI.
Chemical Tests
Nevada’s Implied Consent law requires all drivers to submit to chemical drug tests whenever requested to do so by a police office. If a driver refuses to take a chemical test, law enforcement officials can use reasonable force. A driver can also be arrested immediately for refusal to take the test.
Penalties for DUI Convictions in Nevada
The penalties for a DUI conviction in Nevada will depend on the driver’s criminal history, the nature of the crime and the discretion of the court. Nevada has a 7-year lookback period, which means that DUI convictions obtained in the past 7 years will be relevant at sentencing for subsequent convictions. Any DUI conviction may invoke a harsher punishment if the driver is driving with a child under the age of 15 at the time of the charge.
Possible penalties for DUI convictions in this state are as follows:
First Offense
The first DUI conviction in a seven-year period is a misdemeanor in Nevada. For the first DUI offense, the penalties may include:
- A jail sentence of 2 days to 6 months OR 24 to 96 hours of community service.
- A 90 day driver’s license suspension. A restricted license may be available after 45 days.
- A fine of $400 to $1,000, plus court costs.
- Mandatory completion of an alcohol awareness program.
- Participation in Nevada Victim Impact Panel.
- For drivers under 21 with a BAC of 0.18 percent or more, a $100 drug dependency evaluation.
- For BACs of 0.18 percent or higher, enrollment in a drug abuse treatment program.
If your BAC was greater than 0.18 percent, the court may also order installation of an ignition interlock device, which is a device that requires the driver to pass a breathalyzer test before driving the vehicle. The device will remain in the vehicle for 12 to 36 months. Even if the BAC is less than 0.18 percent, the court may still order the installation of a device for up to 6 months.
Second Offense
A second DUI conviction is a misdemeanor in Nevada. For your second DUI offense in 7 years , the penalties may include:
- A jail sentence of 10 days to 6 months OR house arrest.
- A 12 month license suspension or revocation.
- 5 day suspension of your registration.
- A $35 civil penalty.
- A fine of $750 to $1,000 OR community service.
- Participation in Nevada Victim Impact Panel.
- A $100 drug dependency evaluation.
- Enrollment in a drug abuse treatment program.
If your BAC was greater than 0.18 percent , the court will typically order installation of an ignition interlock device in order to obtain a restricted driver’s license or reinstate the driver’s license. The device will remain in the vehicle for 12 to 36 months. Even if the BAC was less than 0.18 percent, the court may still order the installation of a device for up to 6 months.
Third Offense
A third DUI conviction is a Class B felony in Nevada. For the third DUI offense within 7 years , the potential penalties are:
- 1 to 6 months in a Nevada prison.
- A 3 year license suspension or revocation.
- A 5 day suspension of your registration.
- A $35 civil penalty.
- A fine of $2,000 to $5,000.
- Mandatory ignition interlock device installation for 12 to 36 months.
- Participation in Nevada Victim Impact Panel.
- A $100 drug dependency evaluation.
DUI Resulting in Injury or Death
If a DUI causes injury or death , the charge is more serious. Consequences for conviction may include:
- A fine of $2,000 to $5,000.
- 2 to 20 years in a state prison.
Prosecutors in these cases face restrictions with regard to plea bargaining.
Vehicular Homicide
If a driver has three previous DUI convictions and his or her drunk driving leads to a fatality, they may be charged with vehicular homicide. This is a Class A felony in Nevada. Possible consequences for this conviction include 25 years to life in a state prison.
Consulting an Attorney if you are the Victim of An Aggressive and or Drunk Driver
In addition to criminal penalties for aggressive driving and or DUI, an aggressive or DUI driver is responsible for all damages caused in any injury accident. Those damages are usually paid by their insurance company.
Eric Woods is experienced in representing all victims in motor vehicle accidents whether a victim of aggressive driving, drunk driving or any other illegal or negligent driving. If you have been injured in an accident caused by someone else’s driving contact Eric Woods to learn your rights and initiate your injury claim. Contact him for a free consultation !