Nevada · NRS 484C.110
Nevada calls the offense DUI. You have only 7 days to protect your license after an arrest, and a third DUI within 7 years is a felony with mandatory prison time.
Legal term
DUI
NRS 484C.110
BAC limit, 21 and over
0.08%
You can be charged below it if impaired
Commercial drivers
0.04%
While driving a commercial vehicle
Drivers under 21
0.02%
90-day suspension
Prior-offense lookback
7 years
Felony DUIs count forever
DMV hearing deadline
7 days
One of the shortest in the country
Offenses count as priors if they happened within 7 years. A very high BAC also requires an alcohol and drug evaluation, and treatment may be ordered.
| First offense | Second offense | Third offense | |
|---|---|---|---|
| Offense level | Misdemeanor | Misdemeanor | Category B felony |
| Jail or prison | 2 days to 6 months, or 48 to 96 hours of community service | 10 days to 6 months; can include home confinement | 1 to 6 years in state prison |
| Fine | $400 to $1,000 | $750 to $1,000 | $2,000 to $5,000 |
| Programs | DUI school and victim impact panel | Treatment program; 100 to 200 hours of community service | Evaluation; treatment may be ordered |
| License revocation | 185 days | 1 year | 3 years |
| Ignition interlock | 185 days | 1 year | 3 years |
Once you have a felony DUI, every later DUI can be charged as a felony. See Felony DUI.
A DUI arrest in Nevada starts two cases: a DMV revocation and a criminal case. You have to win both to avoid losing your license.
DMV · starts at arrest
After a breath test or a refusal, the officer takes your license and gives you a temporary license good for 7 days. Request a DMV hearing within those 7 days to keep driving until it's decided.
If the revocation stands: 185 days for a first offense, with an ignition interlock option.
Court · starts when charged
A conviction brings its own revocation, shown in the table above. The court may credit time already served under the DMV revocation.
Installing an ignition interlock may let first offenders get a restricted license right away.
Under Nevada's implied consent law, driving means you've agreed to a breath or blood test after a DUI arrest. Refusing brings its own revocation, and police can get a warrant for a blood draw.
First refusal
1 year
license revocation
With a prior refusal in 7 years
3 years
license revocation
A refusal revocation runs separately from any revocation for a DUI conviction.
These factors can bring longer sentences, required treatment or a felony charge.
Most Nevada DUIs are misdemeanors. A DUI is charged as a felony when:
Nevada requires an ignition interlock after a DUI conviction: 185 days for a first offense, 1 year for a second and 3 years for a third. Many first offenders can keep driving on a restricted license right away by installing one.
The Nevada statutes this guide is based on.