Nevada DUI Laws & Penalties
Last reviewed:
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.18%).
- Lookback period: 7 years. 7-year lookback for first/second/third counting; a third within 7 years is a Category B felony. (Note: a felony DUI conviction ANY time makes a later DUI a felony.)
- Primary statute: NRS 484C.110 (offense); 484C.400 (penalties)
0.18+ is a sentencing aggravating factor and can require a longer alcohol-treatment program; NV also has a 0.10 per-se drug metabolite framework.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | misdemeanor | 2 days (or 48–96 hrs community service) – 6 months; mandatory min 2 days OR 48–96 hrs community service | $400–$1,000 (plus fees; ~$685 minimum with assessments) | 185-day revocation – 185 days; hardship: restricted license immediately with IID in lieu of suspension | Not required |
| Second offense | misdemeanor (within 7 years) | 10 days – 6 months; mandatory min 10 days (first 10 not suspendable) or residential confinement | $750–$1,000 (plus fees) | 1-year revocation – 1 year; hardship: IID on all vehicles for 1 year | Required |
| Third offense | Category B felony (3rd within 7 years) | 1 year – 6 years (state prison; NO probation/suspension); mandatory min 1 year (non-probationable) | $2,000–$5,000 | 3-year revocation – 3 years; hardship: IID 3 years after reinstatement | Required |
First offense
- Classification: misdemeanor
- Jail: 2 days (or 48–96 hrs community service) – 6 months; mandatory min 2 days OR 48–96 hrs community service
- Fine: $400–$1,000 (plus fees; ~$685 minimum with assessments)
- License suspension: 185-day revocation – 185 days; hardship: restricted license immediately with IID in lieu of suspension
- Alternative disposition: Misdemeanor DUI Court / treatment diversion possible for some; DUI school + victim impact panel mandatory.
- Interlock: IID lets a first offender drive immediately; mandatory if BAC 0.18+ (min 12–36 months) and on all repeats.
Second offense
- Classification: misdemeanor (within 7 years)
- Jail: 10 days – 6 months; mandatory min 10 days (first 10 not suspendable) or residential confinement
- Fine: $750–$1,000 (plus fees)
- License suspension: 1-year revocation – 1 year; hardship: IID on all vehicles for 1 year
Third offense
- Classification: Category B felony (3rd within 7 years)
- Jail: 1 year – 6 years (state prison; NO probation/suspension); mandatory min 1 year (non-probationable)
- Fine: $2,000–$5,000
- License suspension: 3-year revocation – 3 years; hardship: IID 3 years after reinstatement
- Any prior FELONY DUI makes a subsequent DUI a felony regardless of the 7-year window.
Refusing a chemical test (implied consent)
Nevada obtains a warrant for a forced blood draw on refusal (post-2013), so refusal rarely blocks evidence; administrative revocation still applies. Refusal admissible.
Statute: NRS 484C.160, 484C.210
Ignition interlock
IID lets first offenders drive immediately in lieu of the 185-day suspension; mandatory on all vehicles for repeat offenders (1 year 2nd, 3 years felony) and for 0.18+.
Statute: NRS 484C.460
Frequently asked questions
What is the penalty for a first DUI in Nevada?
A first DUI in Nevada is a misdemeanor. Jail: 2 days (or 48–96 hrs community service) – 6 months; mandatory min 2 days OR 48–96 hrs community service. Fine: $400–$1,000 (plus fees; ~$685 minimum with assessments). License suspension: 185-day revocation – 185 days; hardship: restricted license immediately with IID in lieu of suspension.
What is the legal BAC limit in Nevada?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Nevada look back at prior DUI offenses?
7 years. 7-year lookback for first/second/third counting; a third within 7 years is a Category B felony. (Note: a felony DUI conviction ANY time makes a later DUI a felony.)