DUI Penalties In Las Vegas

In the state of Nevada, the Blood Alcohol Concentration (BAC) test is used as a metric of alcohol intoxication. BAC is measured as a simple percent of alcohol in the blood by weight.

Table shows the legal limit for DUI in Nevada.

The BAC applies only to alcohol. If any detectable amount of an illegal substance (e.g., cocaine or marijuana) is found in your blood, you may receive a greater penalty than you would for an alcohol.

HOW TO IDENTIFY IF THE PERSON IS DRIVING UNDER THE INFLUENCE

• the defendant’s driving was impaired by alcohol or drugs, OR
• the defendant had a Blood Alcohol Content (BAC) of 0.08, OR
• the defendant’s blood contained more than the maximum amount allowed of various illegal and prescription drugs

In other words, it is unlawful for someone to drive drunk on alcohol or high on drugs. Even if the driver is not impaired and is driving safely, it is still per se illegal to drive with a BAC of 0.08 or above or with too much of certain drugs in his/her blood.

If BAC goes beyond 0.18 you will have to face a Special Condition:

If your first DUI conviction involves a breath or blood alcohol reading that was .18 or higher, then the court will normally impose:

• A DUI Assessment Program that requires a $100 fee;
• The Victim Impact Panel that requires a $40.00 fee; and
• The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for twelve to thirty-six months;
• Even if your breath or blood alcohol concentration was below .18, the court may order the Breath Interlock Device for 3 months to 6 months.
• Based on the DUI assessment given in the DUI Assessment Program, the court will impose extensive counseling to address drug or alcohol issues.

THE PENALTIES YOU WILL RECEIVE FOR DUI IN NEVADA

The DUI penalties you will receive for a DUI in Nevada vary depending on the severity of your DUI offense.  Nevada utilizes a minimum-maximum penalty system for the primary DUI penalties.  DUI penalties range from jail time to intervention counseling classes.

Mandatory and potential DUI penalties include: prison time (for felony DUI cases), jail time, house arrest, fines, online “DUI School,” victim impact panels, counseling, alcohol monitoring (breath ignition interlock devices, S.C.R.A.M. bracelets/anklets (“Secure Continuous Remote Alcohol Monitoring”), in-home alcohol monitoring systems and random alcohol testing through the Courts), DUI Coroner’s Program, “Level II” traffic school, community service, administrative fees, victim fund assessments, loss of driving privileges, restitution and “stay out of trouble” terms.

The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past SEVEN (7) years. The 7-year period is calculated from the prior arrest date to the current arrest date.

NOTE: If you have a prior DUI conviction that falls outside of the seven (7) year period, the prosecutor and court may still consider that prior conviction. However, the maximum sentence and minimum mandatory provisions under Nevada law still remain the same as a first lifetime DUI.

BUT WHAT IS THE PUNISHMENT FOR A DUI THAT WOULD CAUSE INJURY OR EVEN DEATH?

If an intoxicated driver causes an accident that brings injury or death to another person, the driver faces a more serious Category B felony. The punishment ranges from 2 to 20 years in state prison with fines ranging from $2,000 to $5,000.

Moreover, state DUI law limits the discretion of prosecutors to “plea bargain” these charges down, unless the evidence is weak. Again, a person imprisoned for Nevada DUI causing injury or death is to be segregated from more violent offenders.

IT IS ALSO IMPORTANT FOR THE DEFENDANT TO KNOW OTHER OPTIONS FOR PLEA BARGAINS AND RECORD SEALS

Sometimes it may be possible for a defense attorney to persuade the D.A. to reduce a DUI first to the Nevada crime of reckless driving. The judge will typically impose the same penalties for reckless driving as for a DUI first. However, getting a reckless driving conviction is superior to getting a DUI conviction in four main ways:

1. If the defendant ever gets arrested for DUI again, the reckless driving conviction will not count as a previous DUI conviction. Therefore, the defendant will face prosecution for only a DUI first and not a DUI second, which carries much harsher penalties.
2. Having a reckless driving conviction carries less of a social stigma than having a DUI conviction.  Therefore, prospective employers are less likely to pass over people for a job if they show only a reckless driving conviction and not a DUI.
3. A reckless driving conviction does not cause an automatic license suspension like a DUI first does. (However, it will add 8 demerit points to the defendant’s driver’s license.)
4. Finally, a defendant may petition to have a reckless driving conviction sealed from their criminal record after only two (2) years from the time the case is closed. In contrast, DUI Firsts may not be sealed until after seven (7) years have passed from the case closing.