DUI in Nevada
In Nevada, a DUI (driving under the influence) charge is brought against you if you are operating a motor vehicle and have a certain level of alcohol in your blood (the law varies depending upon the type of driver) or are under the influence of controlled or prohibited substances. If you have a blood alcohol level of .04 percent and are a commercial driver, you will be charged with a DUI. If you are not a commercial driver, a blood alcohol level of .08 or higher will net you a DUI.
Even if you are not above the legal blood alcohol limit, however, police in Nevada may charge you with a DUI if they believe you are otherwise impaired. You may also be charged with a DUI if you are under the influence of controlled or prohibited substances, even if these are prescribed medications.
What Happens If I Am Convicted of a DUI in Nevada?
A DUI penalty in Nevada has two parts – a criminal charge and a charge related to your driver’s license. Criminal penalties that you may face if you are convicted of a DUI in Nevada include:
- You are arrested and spend from two days to six months in jail (depending upon the seriousness of the charge)
- You must perform community service
- Your vehicle is impounded
- You face a fine of $400 to $1000
- You must pay a bill for the chemical test fee ($60)
- You must go to substance abuse treatment or a DUI education/school
- You must attend a victim impact panel
Your sentence will be harsher depending upon the number of DUI charges you have faced, especially within a seven-year period. DUI causing serious injury or death qualifies as a Category B felony, meaning that you will face fines of $2000 to $5000 and two to 20 years in prison.
In addition to criminal penalties, your driver’s license may be suspended or revoked. Fees associated with this include:
- Reinstatement fee of $121
- Victim’s compensation fee (civil penalty) of $35
- Driver’s license retest fee of $26
- Driver’s license fee of $42.25
- You must carry an annual SR-22 Certificate of Liability Insurance for the next three years
How Will a DUI in Nevada Impact My Criminal Record?
If you are convicted of a felony DUI in Nevada, that conviction will remain on your criminal record for life, and on your driving record for 10 years. Other DUI charges (first offense and second offense) may be sealed seven years after the case ends, hiding that conviction from the general public. Depending upon how severe the conviction is, your future job prospects and other aspects of your life could be affected. Car insurance premiums will likely remain high for years after your DUI conviction. In Nevada, car insurance premiums typically rise by 73 percent after a DUI conviction.
To make sure that your rights are protected, if you face a DUI charge, contact our criminal defense team immediately. We can help to make sure that you achieve the best outcome in your case. If you have already been convicted of a DUI and want help in sealing your record, contact us as well.
Can I Refuse a Blood Alcohol Test if Pulled Over in Nevada?
In Nevada, if you are pulled over for a suspected DUI and refuse a chemical test (blood, breath or urine), your driver’s license can still be revoked for up to one year.
What Happens to My Driver’s License if My DUI Charge in Nevada is Dismissed?
If your DUI charge in Nevada is dismissed or reduced, your driver’s license will not automatically be reinstated. You must reapply for a driver’s license and pass all of the tests and other requirements that you had to pass the first time you got your license.