DUI Laws in Nevada: What Is DUI, Repeat Offenses, Types of Charges, and Many More

In Nevada, the laws related to DUI are very strict. Penalties increased depending on several factors, but typically include jail time, fines, license suspension or revocation, and community service. Some of these factors include the number of prior DUI convictions, blood alcohol content (BAC) level, and whether a minor was present in the car. A DUI conviction involving death is different from “simple” DUIs. Additionally, a DUI charge can stay on your record for life and may result in higher insurance rates alongside other consequences such as driver’s license revocation.

Driving under the influence of alcohol or drugs is dangerous and it puts everyone at risk. If you are arrested for DUI in Nevada, it is important to contact an experienced criminal defense attorney immediately who can help protect your rights and fight for the best possible outcome.

The Defenders is a law firm in Nevada dedicated to fighting for clients charged with DUI. Our knowledgeable DUI attorneys have extensive experience in DUI cases and will provide you with the aggressive representation needed to help you get the best possible result. We understand that being charged with a DUI can be an overwhelming experience and we are here to ensure your rights are protected. Contact our office today for a free consultation.

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What Exactly Does DUI Mean?

DUI stands for Driving Under the Influence, which is a term used to describe a person operating a motor vehicle while under the influence of alcohol or drugs. DUI is a serious offense in the United States, including Nevada. Alcohol-impaired driving has been identified as one of the primary causes of motor vehicle fatalities and injuries.

In Nevada, drivers are evaluated on their blood alcohol concentration (BAC), which is the measure of alcohol within someone’s blood. This blood alcohol level must be above the legal limit to count as driving under the influence of alcohol. The legal limits for Nevada drivers are:

  • .02% for drivers under 21 years old
  • .04% for commercial licensed drivers
  • .08% for everyone else

But DUI doesn’t just refer to alcohol.

It also applies to driving under the influence of any drug that impairs a person’s ability to operate a vehicle safely, including prescription drugs, over-the-counter medications, and illegal substances like marijuana. Even if the driver is not legally drunk, they can still be charged with DUI if their ability to drive is impaired by alcohol or drugs.

DUI also isn’t also limited to cars, as any vehicle that is operated on a roadway can be charged with a DUI. This includes motorcycles, trucks, and even boats. No matter what type of vehicle you are driving, you can still face serious penalties if you are caught operating it while under the influence of alcohol or drugs.

Simple DUI

DUI convictions in Nevada can result in two ways: a misdemeanor or a felony.  A “simple” DUI conviction is a misdemeanor charge and it carries the “lightest” penalties—granted there arent any aggravating factors such as severely injuring someone or worse, causing a death.

One factor to keep in mind when it comes to “simple” DUIs in Nevada is the number of convictions that have occurred in the past seven years. Repeat offenders face harsher penalties than the previous ones.

For example, Sam was arrested and convicted of DUI in January 1, 2023. If he didn’t have any DUI convictions in the last 7 years, this charge will be his first offense DUI. However, if he was previously arrested in 2018, which was about 5 years ago, the January 1st arrest would have been his second DUI offense.

First DUI Offense

While DUI can lead to serious consequences, first-time offenders can receive more lenient sentences depending on their circumstances. A first-offense misdemeanor DUI in Nevada is punished less harshly than succeeding DUI convictions. It carries the following punishments:  2 days to 6 months in jail, $400 to $1000 in fines, 8 hours of DUI classes, 6 months of license revocation, and a victim impact class.

If you are facing a DUI first offense charge, it is important to contact an experienced Nevada criminal defense lawyer as soon as possible who can help protect your rights and fight for the best possible outcome in your case. The Defenders has extensive experience in DUI cases and our knowledgeable attorneys will provide you with

Second DUI Offense

A second DUI offense in Nevada is a much more serious charge than the first one and carries harsher penalties. A second DUI conviction carries even harsher repercussions than a first-time offense. For example, possible jail time increases from up to 6 months to up to 4 years.

If you got arrested for a second DUI offense, it is important that you contact a DUI lawyer in Nevada as soon as possible who can help protect your rights and fight for the best possible outcome in your case. The Defenders has extensive experience in DUI cases and our knowledgeable attorneys will provide you with the aggressive representation needed to help you get the best possible result.

Third DUI Offense

A third DUI offense within 7 years in Nevada is an automatic felony charge and it carries the harshest penalties. Even if the DUI didn’t cause any accidents nor have any aggravating factors, the fact that it’s a third DUI offense makes it more complicated. A pattern can be inferred and that, sooner or later, the person will cause serious accidents. And that’s why this carries harsher punishments.

If you are facing a third DUI offense charge, it is important to contact an experienced DUI attorney like The Defenders immediately. Getting arrested and charged with a crime is not the same as a conviction. Our experienced attorneys have extensive experience in DUI cases and will provide you with the aggressive representation needed to help you get the best possible result.

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Felony DUI

Felony DUI is one of the two possible outcomes when someone is arrested for DUI in Nevada. It is a much more serious charge than a “simple” DUI and carries harsher punishments. There are only three different scenarios where you can get a felony DUI.

Aggravated DUI

Aggravated DUI is a DUI arrest with aggravating factors. Oftentimes, these charges result in a felony conviction and carries much more severe penalties than a simple DUI.

DUI Resulting in Death or Injury

The most serious kind of DUI is one resulting in death or injury. If someone is convicted of this type of DUI, they could face the very severe felony charge of “DUI with Death or Injury.”

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Sealing Your Criminal Record

Sealing of records are different for every case. An experienced attorney can provide advice about sealing your criminal record and walking away with a clean slate.

In Nevada, DUI convictions are generally possible to be sealed if it’s your first or second offense DUI. You can petition to have them sealed 7 years after the case ends.

If, however, the DUI conviction resulted in a felony, which is the punishment for third offense DUI or if the DUI resulted in death, those cannot be sealed.

Felony offenses in Nevada stay in your records forever. And this can potentially impact your life in many unpleasant ways.

DUI Charges Are Not Convictions

It’s important to remember that getting arrested and charged with a DUI is not the same as being convicted of the offense. The situation can always be improved if you work with an experienced Nevada criminal defense attorney who knows how to fight for your rights.

Police officers look for signs of intoxication, but they make mistakes. If they see these signs of alcohol-impairedness while driving, or perhaps noticed it during a DUI checkpoint, they may stop you and ask you to take a breathalyzer test or other types of testing.

It’s important to remember that these tests have specific rules and regulations that must be followed to ensure accuracy. If they are not followed, the evidence can be thrown out in court.

Arrested for DUI? Get an Experienced Criminal Defense Attorney On Your Side

If you or someone you know has been charged with a DUI, you are likely feeling overwhelmed and uncertain about what to do next. It is important to find an experienced DUI attorney who can provide you with the aggressive representation needed to help you get the best possible result.

At The Defenders, our knowledgeable attorneys have extensive experience in handling DUI cases. We understand that being charged or arrested for DUI can be confusing and stressful. We will take the time to listen to your story, explain your rights and options, and provide you with a strong defense plan that can help protect your rights and fight for the best possible outcome in your case. Contact The Defenders today for more information about our legal services.

Call The Defenders today for a free case evaluation.

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Frequently Asked Questions

Do I need a lawyer to plead guilty to a DUI?

No, you don’t need a lawyer to plead guilty, but it’s always best to consult an experienced DUI attorney before making any decisions regarding your case. Your lawyer can review the facts of your case and help you understand what options are available to you and which route may be in your best interest.

When is a DUI a felony in Nevada?

A DUI can be a felony in Nevada if it is a third offense, if the DUI resulted in death or great bodily harm, or if you have been convicted for a felony DUI before.

How do I get my vehicle back after a DUI charge?

In Nevada, your vehicle can be impounded after a DUI arrest. To get your vehicle back, you have to pay the necessary fees. It is advised that you contact an experienced attorney as they will be able to help with getting your vehicle released and provide legal advice regarding the case.

My last DUI was years ago, does it count against me?

Yes, previous DUI convictions will count against you whether you were convicted in Nevada or another state. Repeat offenders, i.e. second or subsequent DUI charges, within a 7-year period have increased penalties associated with each offense. We recommend reaching out to a DUI lawyer to discuss the specifics of your case.

Nevada DUI Lawyers – The Defenders

At The Defenders, we understand the serious nature of DUI charges and will fight for your rights. Our experienced criminal defense attorneys have a successful track record in defending clients against DUI charges and know how to navigate the legal system.

It is important you contact The Defenders immediately so we can start creating an aggressive defense for your case. The Defenders delivers an honest and straightforward response to your charges while providing you personable and communicative involvement throughout the duration of your case. We’re aggressive when we need to be, compassionate when it counts, and always dedicated to your success. That’s what makes us The Defenders, a proud branch of the Richard Harris Law Firm.

We have the experience and knowledge you need to make sure you get the best judgment for your case. We are available day and night to start the process. Simply fill out our Contact Us form or call us at 702.333.3333.

You don’t have to go through this alone, call us today!

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