It is illegal to drive while under the influence of alcohol in every state in the U.S. However, each state has the right to create its own DUI laws which include DUI penalties for drunk driving and blood alcohol concentration (BAC) which is the point where a person is considered to be impaired.

Nevada law, NRS 484C.110 not only makes it illegal to drive under the influence of alcohol or substances, it also provides the BAC limits, the maximum penalties, and names specific prohibited substances. NRS 484C.120 provides guidance on commercial driver DUI.

What is the BAC Limit in Nevada?

Under Nevada DUI law several groups have different BAC limits:

  • Commercial Drivers – 0.04%
  • Drivers under the age of 21 – 0.02%
  • All other drivers – 0.08%

Nevada DUI penalties and laws include impairment by substances other than alcohol as well.

Substances that can also get you a DUI in Nevada:

  • Cocaine
  • marijuana
  • meth
  • acid
  • heroin
  • ecstasy
  • opium 

If you get behind the wheel while under the influence, or If you have any trace of illegal drugs in your system, you can be arrested and even convicted.


DUI Penalties

Is a DUI in Nevada a Misdemeanor or a Felony?

Typically, in Nevada first and second DUI convictions are misdemeanor crimes. The vast majority of the time, the third offense is charged as a felony. There are some exceptions though because some situations can bump a misdemeanor first or second DUI offense up to a felony conviction.

It is also worth noting that once you have a felony DUI conviction in Las Vegas, whether it is a first, second, or third DUI offense, all future DUIs will be charged as felonies. What’s more, this never expires. Even if more than 7 years have passed since your last DUI, any DUI is a felony if you have already been convicted of a felony DUI.

So, when is a DUI a felony? There are a few situations that can make a DUI a more serious offense. You will be charged with a felony if you are driving under the influence and:

  • You cause substantial bodily harm or serious injury to a person.
  • You kill someone.
  • You have two DUI convictions that occurred within seven years.
  • You have been convicted of a felony DUI in the past.


Under Nevada law, DUI penalties include drivers license suspension, jail time AND fines – even for your first offense:

  • Jail time
    • In most circumstances, the court opts to suspend all or part of the jail time. The defendant must comply with the terms of their probation or they will have to complete their sentence in jail.
      • First Offense (in 7 years)  – 2 days to 6 months
      • Second Offense (in 7 years)  – 10 days to 6 months
      • Third Offense (in 7 years)  – 1 to 6 years in prison
  • Fines
    • The defendant will be required to pay a fine PLUS court costs which are around $200.
      • First Offense (in 7 years)  – $400 to $1,000
      • Second Offense (in 7 years)  – $750 to $1.000
      • Third Offense (in 7 years)  – $2,000 to $5,000
  • Driver’s License Suspension
    • A driver’s license suspension means that you are not able to drive for as long as the suspension is in place. Some special circumstances may be eligible for a restricted license which typically means you must install an ignition interlock device on your vehicle. In addition to the suspension, you will be required to pay a $35 civil penalty.
      • First Offense (in 7 years)  – 185 days (6 months)
      • Second Offense (in 7 years)  –
      • Third Offense (in 7 years)  –
  • Ignition Interlock Device
    • You will be required to attach an ignition interlock device to your car under certain circumstances. You may be required to have it anywhere from 3 months to 3 years. The device requires you to blow into it in order to start your car. If it detects that you have been consuming alcohol, your car will not start. You will be required to install an ignition interlock device if:
      • The court deems it necessary
      • Your BAC was 0.18% or more

You may also be ordered to do community service, attend a state-approved alcohol awareness program (you must pay for it yourself), drug or alcohol treatment program, online DUI school, and attend a MADD Victim Impact Panel.

If your BAC was 0.18 or more and you are under 21, you will be ordered to get an alcohol/drug dependency evaluation as well as attend a drug or alcohol abuse treatment program.


A DUI that causes injury or death is a Category B felony under Nevada law. The penalties are:

  • 2 years to 20 years in prison
  • $2,000 to $5,000 fine
  • 3-year license suspension

Getting a DUI after you have had a felony DUI conviction is a Category B felony. The penalties are:

  • 2 years to 15 years in prison
  • $2,000 to $5,000 fine
  • 3-year license suspension


A DUI stays on your record forever and can have some serious consequences. If you have been charged with a DUI and are facing DUI Penalties in Las Vegas, you need an attorney who has the experience and knowledge necessary to represent you with the best defenses so that you can have the best possible income of your case.

Call ATAC Law today to schedule a consultation and find out how we can help you with your DUI penalties.




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