NEVADA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
NEVADA DUI/ DWI REGULATIONS
In Nevada, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
The BAC applies only to alcohol. If any detectable amount of an illegal substance―like cocaine or marijuana―is found in your blood, you’ll receive at least the same penalties as you would for alcohol, and perhaps even more. Additionally, because the BAC limits are just a guide, you can also be arrested or cited for having a lower, but still detectable, amount of alcohol in your system.
Having a license in the state of Nevada automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your permit to drive or license being seized; you may be arrested and taken for testing. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
NEVADA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
1st Offense
- Is treated as a Misdemeanor.
- Drivers license revoked for 90 days. After 45 days, you may be eligible to apply for a restricted license that will enable you to drive to work and back, with an Ignition Interlock Device.
- Jail sentence of at least 2 days and up to 6 months, or 96 hours of community service.
- Fine of at least $400 and up to $1,000.
- Mandatory attendance at DUI school; average cost is $150 for tuition.
- Possible order to attend a substance-abuse treatment program.
2nd Offense
(in 7 years)
- Is treated as a Misdemeanor.
- Driver license revoked for 1 year. You will not be eligible for a restricted license.
- Jail sentence or home arrest of at least 10 days and up to six months.
- Fine of at least $750 and up to $1,000.
- 100 to 200 hours of mandatory community service.
- Possible car registration suspension.
- Possible order to attend a substance-abuse treatment program or undergo clinical supervision for up to 1 year.
3rd Offense
(in 7 years)
- Is treated as a Class B Felony.
- Driver license revoked for 3 years; you may be eligible for a restricted license with an Ignition Interlock Device, after one year of revocation.
- Prison sentence of at least 1 year and up to 6 years.
- Fine of at least $2,000 and up to $5,000.
- Possible car registration suspension.
- You may have to undergo a treatment program for at least 3 years.
DUI causing death or serious injury (even on a first offense):
- Driver license revoked for 3 years.
- Prison sentence of at least 2 years and up to 20 years.
- Fine of at least $2,000 and up to $5,000.
Other Offenses
- The Open Container Law makes it illegal to drive a vehicle with opened alcoholic beverages anywhere in the car. It doesn’t apply, however, to the living areas of a motor home or RV, or the passenger areas of buses, taxis, and limousines.
- If you are driving under the influence with minors under the age of 15 in your car, it is considered an “aggravating circumstance” and will result in harsher penalties.
- If you are convicted of driving under the influence, you will be charged an extra $60 for the chemical tests, if any were done at the time of your arrest.
If you are under 21 years old:
- Your license may be suspended or revoked, if you are convicted for “minor in possession/other alcohol offenses” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
- The license may be suspended for 90 days after the first conviction (for BAC between 0.02 and 0.08) for someone under 18 and suspended or revoked for second or subsequent conviction.
- The court may order a minor’s license to be suspended for 90 days for any controlled substance or alcohol -related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one under 18; or for changing or lying on your driver license.
- Under 18 and Under 21 year olds convicted for DUI will have to undergo assessment for drug and/or alcohol abuse.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/ DWI.
NEVADA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- You will be barred from driving a commercial vehicle for one year if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours if any level of BAC under 0.04 is detected.
- You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
NEVADA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Nevada laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:
- The driver is age 21 and over and is driving with BAC 0.08% or more.
- The driver is under age 21 and is driving with BAC 0.02% or more.
If you are arrested for DUI/DWI, the arresting officer will confiscate your Nevada driver license and issue a temporary seven-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Motor Vehicles. The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous seven-year driving record. If he has any alcohol related convictions or suspensions for this seven-year period, his license will be revoked for one year, and if not, then it will be suspended for 90 days. You may be eligible to drive using the Restricted License if you meet the conditions. The suspension or revocation begins five days after the final order of the hearing officer is mailed from the Department of Motor Vehicles. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.
NEVADA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed the DUI school program or a comparable program, pay the reinstatement fee of $65, pay Victim’s fee of $35.00 and maintain proof of financial responsibility for three years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 may also be required for those aged below 21.
- If you are being convicted, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost.
- You can submit the reinstatement application and fees in person at a Department of Motor Vehicles office near you. Write to the following address for details about your case:
DMV Driver License Review
555 Wright Way
Carson City, NV 89711-0400