When you are pulled over for driving under the influence of drugs or alcohol in the state of Nevada, there are a multitude of factors that will affect the penalties you might face if you are convicted.  One of the most important factors is whether or not you already have a prior DUI conviction that has occurred within the past seven years.

There is very little leeway when it comes to driving under the influence on Nevada’s roads. For this reason, there are also a great many first time offenders who find themselves having to navigate the sometimes complicated laws regarding DUI convictions in this state.


If you have ever been arrested and convicted of a DUI in the state of Nevada, you are already well aware of the lengthy list of penalties that come with a first time offense – but for the sake of those who might not be as familiar with the state’s DUI laws, here are the basics:

DUI Penalties – First Offense

Most first time DUI convictions are misdemeanors and there is a fairly standard set of penalties associated with this. These include:

●      48 hours to 6 months in jail, or alternately, 96 hours of community service (at the discretion of the court).

●      From $400 to $1,000 in fines, with additional court costs.

●      Enrollment and completion of a state approved DUI School, an 8 hour program that teaches traffic safety. The cost of this program will be covered by the offender and is usually around $150.

●      A 90 day suspension of your license.


Additional Penalties for Aggravating Circumstances

Even first time offenses can result in further penalties if there are aggravating circumstances that must be factored into the offense, like a high BAC result (.18% or higher).  These can include:

●      Possible mandatory completion of a state approved alcohol treatment program (for BAC concentration of .08% or higher). The cost of this program will be covered by the offender.

●      Installation of a Breath Interlock Device in your vehicle

●      Attendance at a Nevada Victim Impact Panel lecture presented by MADD (Mothers Against Drunk Driving)


The High Stakes of Repeat DUI Convictions

While there are many first time DUI offenders that go on to fulfill the legal obligations of their sentence and remain in the law’s good graces, there are others who unfortunately go on to make similar and sometimes more tragic mistakes. In order to help deter repeated offenses, Nevada has implemented a system of increasingly serious penalties for offenders who are arrested and convicted of subsequent DUIs within a seven year period following their first arrest.


DUI Penalties – Second Offense Occurring Within 7 Years of First Offense

A second DUI conviction in a 7 year period is a misdemeanor and will result in the following penalties:

●      From 10 days to 6 months in jail, with a period of at least 48 consecutive hours of confinement. The court may require the period of confinement be spent in a drug or alcohol treatment center, rather than jail, if the treatment center monitors patients 24 hours a day.

●      From $750 to $1,000 in fines, with additional court costs. The court may substitute the fines (not including court costs) with an imposed period of community service.

●      Enrollment and completion of a state approved DUI School, an 8 hour program that teaches traffic safety. The cost of this program will be covered by the offender and is usually around $150.

●      A one year suspension or revocation of your driver’s license.

●      Possible installation of a Breath Interlock Device in your vehicle for a period of 3 to 6 months. Cost of installation will be covered by the offender.


Additional Penalties for Aggravating Circumstances

Second time offenders whose BAC test results are .18% or higher will also face the following additional penalties:

●      Installation of a Breath Interlock Device on your vehicle for a period of 12 to 36 months.

●      Attendance at a Nevada Victim Impact Panel lecture presented by MADD (Mothers Against Drunk Driving) requiring a fee of $40.

●      Participation in a DUI Assessment Program requiring a fee of $100.

●      Further counseling that will address the issue of alcohol and drug addiction.


DUI Penalties – Third Offense Occurring Within 7 Years From First Offense

A third DUI offense in 7 years increases from the misdemeanor classification for a first or second offense to a category B felony. The seriousness of this charge is reflected in the more severe penalties listed below:

●      From 1 to 6 years in Nevada State Prison.

●      From $2,000 to $5,000 in fines, with additional court costs.

●      Attendance at a Nevada Victim Impact Panel lecture.

●      A mandatory 3 year revocation of your license and driving privileges that is imposed by the Nevada DMV, with a possible revocation of up to 5 years as decided by the court.

●      Possible cost and completion of a 3 year drug or alcohol treatment program at an approved facility.

●      Mandatory installation of a Breath Interlock Device on your vehicle for a period of 12 to 36 months following your release from prison.


While the penalties listed above apply to DUIs in which no one was injured, there are further tiers of penalties which apply specifically to repeat offenders who cause the injury or death of another person as a result of driving under the influence. These are felony charges and include prison sentences that range from 2 to 25 years, depending on the circumstances of the offense.

If you have further questions regarding DUI laws or if you have a prior DUI conviction and are currently facing a subsequent DUI charge, we encourage you to contact our office today for a  case evaluation to discuss your legal options.


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