Nevada

nevadaNevada State Law

Nevada has two sets of procedures that you must attend to when you have been charged with a DUI—administrative and judicial. We suggest that you consult with a DUI attorney immediately to make sure you get the best advice for your particular situation as laws are always changing.

Administrative License Revocation (ALR) Procedures
Nevada DMV (Department of Motor Vehicles)
Nevada is one of 42 states that has implemented ALR which means that your license will be confiscated immediately if your BAC is above .08 OR if you refuse a BAC test. Your license will either be suspended or revoked at that point, even though you have not been officially convicted in a criminal trial. In fact, you can be charged with an administrative license suspension even if you are not later charged with a driving under the influence offense. This action was designed to be in addition to and separate from the traditional DUI judicial conviction penalties such as license suspension, jail time, community service hours, ignition interlock device, and alcohol and drug rehabilitation.

You will be given a 7 day grace period during which you can drive under a temporary driving permit issued by the officer at the scene. During that time, you can request a hearing to challenge this case. This case will be heard by an administrative law judge. If you do not request a hearing, your license will be automatically suspended on the 8th day for 90 days. After the suspension period, you will have a restricted license allowing you to drive to work or school, health care providers, parole or probation meetings, drug and alcohol counseling, court approved locations and emergencies. Nevada allows you to install an interlock device in lieu of suspension after 45 days.

Remember that this is a separate case than the judicial case, with separate authorities and separate rulings. This can be a very important influence upon the judicial procedures, but you must act very quickly if you wish to challenge this.

Judicial Procedures
In Nevada, the drunk driving law prohibits a person from driving when they have a BAC of .08% or higher. Courts are required to order the installation and monitoring of an interlock device for any driver whose BAC levels are .08% or higher, even for a first offense.

License Revocation, Fines and Jail

  • First Offense – Misdemeanor: $400 to $1,000 fine plus $35 civil penalty, 2 days to 6 months in jail; OR 48 – 96 hours community service in lieu of jail time, 90 days license suspension (may be eligible for hardship ignition interlock restricted license after 45 days), possible 3 to 6 month ignition interlock restriction as a condition of license reinstatement (12 to 36 month if BAC 0.18 or more), mandatory substance abuse education course and victim impact panel.
  • Second Offense – Misdemeanor: $750 to $1,000 fine plus $35 civil penalty, (possible community service in lieu of fine), 10 days to 6 months in jail OR 10 days to 6 months residential confinement, 1 year license revocation, possible 3 to 6 month ignition interlock restriction as a condition of license reinstatement (12 to 36 month if BAC 0.18 or more), mandatory alcohol/drug abuse treatment program, motor vehicle registration suspension, and attendance at victim impact panel
  • Third Offense – Felony: $2,000 to $5,000 fine + $35 civil penalty, 1 to 6 years in state prison, 3 years license revocation, mandatory 12 to 36 months ignition interlock restriction as a condition of license reinstatement, motor vehicle registration suspension, and attendance at victim impact panel.
  • Fourth and Subsequent Offense – Felony: $2,000 to $5,000 fine + $35 civil penalty, 2 to 15 years in state prison, 3 years license revocation, mandatory 12 to 36 months ignition interlock restriction as a condition of license reinstatement, motor vehicle registration suspension, and attendance at victim impact panel.

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