• State Penal Code – NV Chapter 484c
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – Yes – once or twice a month
• Alcohol Exclusion Laws Limiting Treatment – No

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

• In Nevada, the rules of implied consent are quite different from any other state
• In any case that a test is refused, the officer arresting you is allowed to use a reasonable amount of force to compel you to take the test
• This use of force is applicable whether it is your first, or fifth violation
• There is no right to refusal in Nevada

In Nevada the lookback period is 7 years
Any arrest for DUI/DWI within 7 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 90 day license suspension

2nd Offense

• license will be suspended or revoked for a length of time determined by the judge

The above penalties reflect a BAC of .02% – .07%. A BAC of .08% or more will incur adult penalties regardless of the drivers age. See below for penalty details.

1st Offense

• 90 day license suspension

• $400 – $1000 fine

• Prison (2 day minimum, 6 month maximum)
• must complete a state approved traffic safety program

2nd Offense

• 1 year license suspension

• $750 – $1000 fine

• Prison (10 day minimum,  6 month maximum)
• must complete a state approved traffic safety program

• In Nevada, generally higher penalties apply for enhanced BAC
• The only concrete addition to a penalty involves the mandatory installation of an Ignition Interlock Device.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Nevada an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• *Nevada does not allow for plea bargains in DUI/DWI cases therefore Wet Reckless does not apply

* Although Nevada law prohibits plea bargains in DUI/DWI cases, in certain circumstances the charges may be reduced if the prosecution feels it may not be able to prove DUI/DWI beyond a reasonable doubt.