DUI Laws in Las Vegas, Nevada

Las Vegas DUI Law And Penalties

Before you consider partying in Vegas, it is best to familiarize yourself with the current Nevada DUI laws.

1. Blood Alcohol Content (BAC)

If you have a blood alcohol level of .08 or over, you are considered to be legally intoxicated and can be charged with a DUI.  The average person will exceed the BAC after just one or two drinks, depending on their weight and what they are drinking. For drivers under the age of 21 years, the BAC drops to 0.2.
Nevada DUI Attorney
BAC content is determined by a chemical test (normally a blood test). In Las Vegas, an implied consent law exists meaning that you cannot refuse to take a chemical test to confirm your BAC.  If you do refuse, an officer may use reasonable force to perform the necessary blood test.

2. Misdemeanor Charge

A DUI charge is a misdemeanor in the State of Nevada. However, this does not mean that severe penalties will not ensue if you have been charged. The severity of each penalty increases with each consecutive DUI charge within a 7 year period.
First Offence – Jail time of between 2 days and six months and/or a fine of between $400 and $1000. Alternatively, community service of between 24 and 96 hours. Jail sentences are normally suspended for a six month period and the average fine is $600. Your license may also be suspended for a period of up to 90 days. Court costs, attendance of an alcohol awareness program, alcohol or drug dependency evaluation and a civil penalty fee may also apply.
Second Offence – Jail time between 10 days and 6 months. Jail time is seldom suspended for second time offenders but the sentence may be for residential confinement. Fines of between $750 and $1000 as well as court costs, alcohol or drug dependency evaluation, substance abuse program and civil penalty fee. License suspension of up to 1 year or a revocation.
Third Offence – Prison time between 1 and 6 years plus a fine of between $2000 and $6000. 3 years suspension of drivers license or revocation. Alcohol and drug evaluation as well as Victim Impact Panel. Las Vegas DUI law includes the installation of a Nevada Breath Interlock Device in the driver’s vehicle for a period of between 12 and 36 months after release from prison.
Additional penalties may apply for first and second time offenders who have a BAC exceeding .18. Evaluation and treatment for drug and alcohol abuse may be ordered as well as the installation of the Nevada Breath Interlock Device for 12 to 36 months.

3. Felony Charge

Felony charges will ensue if a legally intoxicated driver caused an injury or death to another person while driving under the influence. These charges are a category B felony and are far more serious in nature and may result in sentences that include:
– between 2 and 20 years in a state prison.
– fines ranging between $2000 and $5000.
Vehicular homicide, where death to another person results from the actions of intoxicated driver who has 3 DUI charges, will result in a 25 year or lifetime prison sentence. This is a category A felony and possibility of parole will only be considered after 10 years.
If your are charged with a misdemeanor or felony under Las Vegas DUI law, it is highly recommended to seek legal advice and representation immediately. Offenders may under some circumstance plead to a lesser offence and could also received reduced sentences if they receive expert legal representation.
To avoid the above mentioned penalties, it is best just not to drink and drive in the state of Nevada.