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Nevada DUI Laws Penalties And Fines
Nevada Driving Under the Influence (DUI) Laws
Drunk driving offenses are regulated by state law, and different states have different names for them, like Driving Under the Influence (DUI), Driving While Intoxicated (DWI), Operating Under the Influence (OUI), Operating While Intoxicated (OWI), and others. In Nevada, drunk driving is called Driving Under the Influence (DUI). Here is some basic information about Nevada drunk driving laws:
Definition of Intoxication:
Nevada Driving Under the Influence (DUI) may be proved three different ways:
1. With evidence that you were driving under the influence of alcohol, legal drugs, or controlled substances, to the extent that your normal faculties were impaired;
2. With evidence that you drove with any detectable amount of a non-prescribed, controlled substance in your blood; or
3. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Nevada drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Summary of Illegal BAC Levels in Nevada:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher
- Under 21 Driver – DUI with BAC of 0.02 or higher
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Nevada is to have someone else drive. If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had, but there’s really no reliable way to judge how much is safe to drink when driving. In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication. In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of a DUI Offense in Nevada
A drunk driving conviction in Nevada has serious consequences, which become even more severe with repeat offenses. A DUI conviction in Nevada remains on your record for seven (7) years, for purposes of calculating repeat offense levels. High BAC test results (over 0.18) can also result in harsher punishments.
The arresting officer confiscates a Nevada DUI arrestee’s driver’s license immediately, pending an administrative suspension hearing. On a first offense, you can apply for a hardship license for business or employment purposes when 45 days have elapsed from the date when your suspension began. Hardship licenses are not available, if you refused a BAC test.
