Getting arrested for driving under the influence (DUI) of alcohol or drugs can really put a damper on your day. It can also have some serious effects on your life as well. A DUI on your record can impact your employment, especially if you have a job as a driver. It can affect your auto insurance and even your ability to drive, even if for a short time due to the penalty of a suspended license.

One common question that we often get about DUIs is how many points they are on your license. The state of Nevada has a license point system that assigns points to traffic offenses. Different offenses have different amounts of points.

Since a DUI is essentially a traffic offense, many people ask how many points they are going to get if convicted. In order to answer this it is best to explain both the demerit point system and DUI penalties. This should help clear up any misunderstanding and confusion you may have.


What is the Nevada Demerit Point System?

Nevada’s license point system assigns points to each traffic offense with a more serious offense carrying more points and less serious offenses carrying fewer points. The goal is to keep your license points as low as possible.

The tally of the points for each driver is kept by the Nevada DMV and if a driver gets 12 points within one year, their license is suspended for six months.

Points the points expire after a year, so if you got 3 points on June 12, 2022, then on June 12, 2023, those 3 points will fall off your record.

These are some of the more common traffic offenses and their point values:

  • 1 Point
    • Speeding up to 10 mph over the posted speed limit
  • 2 Points
    • Speeding 11 to 20 mph over the posted speed limit
    • Failure to dim headlights for oncoming traffic
    • Driving too slow for the flow of traffic
    • Driving too fast for current conditions
    • Impeding traffic
  • 3 Points
    • Speeding 21 to 30 mph over the posted speed limit
  • 4 Points
    • Speeding 31 to 40 mph over the posted speed limit
    • Failing to yield the right of way
    • Texting while driving (2nd offense)
    • Following too close
    • Passing a school bus that has its lights flashing
    • Failure to stop at a stop sign or traffic light
  • 5 Points
    • Speeding 41 mph or more over the posted speed limit
  • 6 Points
    • Failing to provide personal information at the scene of an accident
    • Failing to render aid at the scene of a crash
    • Careless driving
  • 8 Points
    • Reckless driving

The Nevada DMV assesses the license points, so the court has no say in the matter. All the court does is enter the conviction. It does not have the authority to decline attaching points to a conviction for a traffic offense.


Does a DUI affect your points?

A DUI does not affect the points on your license because the a DUI conviction carries license suspension on its own. A conviction for drunk driving carries the penalty of a mandatory 0- day license suspension with the potential for a restricted license after 45 days.

If you have other traffic offenses you are convicted of in addition to the DUI conviction, then you will receive the appropriate points for those other traffic offenses in addition to the automatic license suspension for the DUI. This means that you could have a license suspension for your DUI as well as a license suspension for having 12 points.

That could become a big mess to untangle.



If you have been charged with a DUI in Nevada you need representation now. There are things that a good criminal defense lawyer may be able to do to help you get a reduced sentence or even get the case thrown out. It is worth taking the time to sit down with a DUI attorney and let them go over your case with you.

The legal team at ATAC Law Firm has the knowledge and experience to protect your rights and help make sure that you have the best possible outcome for your case. If you have a DUI charge, call today so we can get started providing you with the legal help you need and deserve.





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