Drunk and drugged driving laws in Nevada

By the end of this topic you can

• You can state the legal alcohol limits for adults and for drivers under 21.
• You can explain implied consent and what refusing a test means.
• You can describe the difference between DMV and court penalties.
• You can list the main penalties for a first DUI.
• You can recognize signs that another driver may be impaired.

What you need to know and understand

• The legal limit for adult drivers is 0.08 percent blood alcohol concentration (BAC). You can still be arrested and convicted below it.
• Drivers under 21 with a BAC of 0.02 percent or more, but under 0.08, lose their license for 185 days.
• A test showing 0.08 percent or more, or any detectable amount of a controlled substance, also brings a 185-day revocation.
• Refusing a blood, breath or urine test means revocation, with no license for one year, or three years if you refused in the previous seven years.
• Young first-time DUI offenders face the same penalties as drivers over 21.
• Open containers of alcohol are illegal in the driver and passenger areas of a moving vehicle.
• DUI convictions stay on your Nevada driving record for seven years.

Two kinds of penalty

Nevada punishes DUI in two separate ways. The DMV takes administrative action against your license based on the test result, whatever happens in court. The court then decides any criminal penalties. An officer can take your license on the spot. You can ask the DMV for an administrative hearing any time you lose your license.

Under Nevada's implied consent law, driving in the state means you agree to testing if an officer suspects DUI. The officer can also direct a blood draw, even on a first offense.

What a first DUI conviction can cost

Penalties rise steeply for a second offense within seven years, and a DUI that seriously injures someone is a felony with 2 to 20 years in prison. Under the current law, a DUI that kills someone brings 2 to 25 years in prison for a driver with no earlier convictions, and longer terms for drivers with a record. Some offenders can get driving privileges back sooner with an ignition interlock device fitted at their own expense. A driver under 18 found by juvenile court to have driven impaired also loses their license for 185 days, and young offenders must be evaluated for alcohol or drug abuse.

• License revoked for at least 185 days.
• Jail from two days to six months, or 48 to 96 hours of community service.
• A fine of $400 to $1,000, plus the cost of DUI school.
• A treatment program the court can order, and must order if your BAC was 0.16 percent or more.
• Possible SR-22 high-risk insurance filing and reinstatement fees before you can drive again.
• Having a passenger under 15 counts against you when the court sets your sentence.

Drugs, cannabis and medicines

Adult cannabis use is legal in Nevada, but driving under its influence is not. Nevada law also sets limits for certain drugs in the blood, so you can break the law even if you feel fine. Prescription and over-the-counter medicines can impair you too. Read the label and ask a pharmacist before driving.

If you see a driver weaving, drifting, braking erratically or driving at night without lights, keep your distance. You can report a suspected impaired driver to the Nevada Highway Patrol by dialing *NHP (*647) once it is safe.

Common mistakes

• Thinking one drink is safe for an under-21 driver. Even a small amount can put you at 0.02 percent.
• Believing coffee or a cold shower sobers you up. Only time lowers your BAC.
• Assuming legal cannabis is legal to drive on. Impaired driving is illegal whatever the substance.
• Refusing a test to avoid a DUI. Refusal brings its own revocation of at least a year.

Test yourself: Drunk and drugged driving laws in Nevada

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Learning to Drive in Nevada
• Moving to Nevada
• Nevada Demerit Points and License Suspensions for New Drivers