Friday, January 4, 2013

Penalties of DUI in Nevada

Information that will explain all the various penalties of Driving Under the Influence (DUI) in Nevada. Your attorney will be able to discuss this with you further. The information on this page should only be used as a reference and vary in a case by case scenario.

What is Nevada DUI Law?
DUI is a misdemeanor but can always be elevated depending on other factors.
To constitute a DUI ones Blood Alcohol Concentration (BAC) must be 0.08% or higher. The second way to receive a DUI is being under the influence of alcohol and / or drugs to a degree that renders one unable to safely drive a vehicle.

Nevada DUI First Offense
When one receives a DUI and is convicted the following consequences may occur but is not limited to:
  • Minimum of a 2 day to 6 month jail sentence, or court may approve 96 hours of community service.
  • Fine of approximately $400 to $1200, plus additional count fees and assessments.
  • Mandatory attendance at a drunk driving "Victim's Impact Panel".
  • if the blood-alcohol level is of .18% or higher, submission to alcohol abuse assessment required. 
  • Possibly requiring installation of an Ignition Interlock Device (IID) for up to 6 months.
  • The completion of an approved 8 hour DUI school or a substance abuse program. Online or offline.
  • Suspension of driver's license for 90 days. The reinstatement requires payment of fees, passing driving tests and submission of an SR-22 proof of insurance form. Requesting a restricted license permitting driving to and from work after 45 days.

Nevada DUI Second Offense
A second offense will occur if convicted within 7 years of previous DUI arrest and conviction. The consequences include but not limited to:

Minimum jail time of 10 days up to 6 months.
Fines ranging from $600 - $1200.
Driver's license suspension of 1 year. Reinstatement of the license will requires the payment of fees and filing an SR22 proof of insurance form.
If the BAC is above .18, the Court will require an Alcohol/Drug assessment to be done before Sentencing. This could result in up to 6 months of counseling.

Nevada DUI Third Offense
When a third DUI occurs within 7 years of the arrest and conviction of the first DUI, conviction will be elevated to a felony offense. This includes:

Prison sentense of 1 to 6 years.
Fines and fees of $2000 to $5000, plus any assessments.
Driver's license revocation of 3-5 years. Reinstatement requires an SR22 proof of insurance form.

Please contact a DUI Attorney for further information on these penalties.