Instead of “driving while intoxicated” (DWI) Nevada officially uses the word “driving under influence” (DUI). But there are still quite a few people who interchangeably use DWI and DUI when discussing driving under the influence of alcohol or drugs.
In Nevada, a first-time DUI is regarded as a misdemeanor. Typical penalties include 2 days to 6 months in prison, $400 to $1,000 in fines, online DUI school, attendance from the Victim Impact Panel, and a 185-day or six months suspension of the driver's license. To learn more about the consequences of following DUIs, or DUIs that cause significant bodily harm or If you are charged with a DUI felony you may want to consult a Felony DUI lawyer. The penalties for a Category B Felony are heavy and serious for that matter.
1st DUI (in 7 years) – NRS 484C.400
Penalties may include 2 days to 6 months in prison and with $400 to $1,000 in fines. Attending a DUI School in which classes are typically 16-36 hours long and can spread over a number of weekends. It includes education on drunk driving prevention and assessing of your drinking behavior. The type and length depend on the severity of the DUI and the length of your drug or alcohol use. You will learn a lot from these classes more than you would want to admit.
When your blood alcohol content (BAC) results in roughly 0.18% of alcohol or drug, your car will be under an interlocking tool for 12 to 36 months and may include a 185-day suspension of the license. But the defendant may be granted leniency provided that an ignition interlocking device is installed.
You will also need to attend a Victim Impact Panel or VIP, it's a community-based meeting for victims/witnesses to discuss and narrate the experiences they have endured as consequences of drunken drivers. Defendants can avoid a conviction by undergoing an intensive rehabilitation program.
2nd DUI (in 7 years) – NRS 484C.400
This is still considered as a misdemeanor, but with slightly harsher punishments. You may serve from a minimum sentence of 10 days up to 6 months from a previous 2-day minimum sentence. The minimum fine is also raised to $750 to a maximum of $1,000. You may still be ordered to attend a Victim Impact Panel (VIP). You will also be subjected to an evaluation of your alcohol dependency. You may also have the 185-day breath interlock device installed in the ignition. Your license suspension will extend to a year. You may also avoid a conviction by completing an intensive rehabilitation program.
In 2005, The State of Nevada has ruled that when an individual is convicted of a felony DUI, all succeeding DUI arrests will be charged as a felony DUI. This carries a sentence of between 2 years to 15 years in Nevada State Prison. Also, a third offender or a DUI causing serious bodily harm or death will have their license suspended for three years.
For truck drivers and drivers under the age of 21, the BAC limit is lower. Commercial drivers can obtain a DUI for a BAC of 0.04% or more and minor drivers can be quoted for a vehicle with a BAC of 0.02% or more.
The DUI laws of Nevada restrict all drivers from operating a motor vehicle: with a concentration of blood alcohol (BAC) of 0.08 percent or more within two hours of driving (called a “per se” DUI), or under the influence of drugs or alcohol. If an individual is affected to the degree that the individual cannot safely drive, he is deemed “under the influence.”