DUI Laws in Nevada

If you’ve been arrested for driving under the influence in Las Vegas or elsewhere in Nevada, Okabe & Haushalter can provide you with the legal information you need. You may be unfamiliar with the DUI codes and procedures in this state, especially if this is your first arrest.

View below to familiarize yourself with the DUI laws in the state of Nevada:

• Illegal Per Se Laws: Per Nevada Revised Statutes (NRS) § 484C.110, illegal per se means driving with a blood alcohol concentration of 0.08 percent or more is illegal in and of itself (for truck drivers, the limit is 0.04 percent). Because breath tests are not always accurate, drivers may be arrested and even convicted if their BAC was under the limit.
• DUI Implied Consent Laws: According to the NRS § 484C.150, 484C.160 and 484C.200, all licensed drivers give their implied consent to a chemical test upon lawful arrest under suspicion of drunk driving. If you refuse one of these tests, your license will be automatically revoked.
• Ignition Interlock Device (IID) Requirement: The IID may be a penalty if you are convicted of DUI. If a court decides to sentence someone to this program, then the DMV will be notified and the individual will have to show proof of installation from an approved manufacturer. This program is at the defendant’s sole expense.
• First-Time DUI: Your first DUI, without any aggravating factors, will have lighter penalties than DUI charges for those with prior offenses. Every basic DUI conviction will warrant fines, imprisonment, community service, DUI School, and driver’s license suspension. According to the Nevada Department of Motor Vehicles (DMV), you could have your vehicle impounded, spend 2 to 6 months in jail, be fined up to $1,000, and have to pay for things like a license reinstatement.
• DUI with Injury: If driving under the influence allegedly resulted in the serious bodily injury of another, the penalties can be found in NRS 484C.430.
• DUI Causing Death: NRS § 484C.430 also details the penalties for vehicular manslaughter in Nevada. If a person is under the influence of alcohol or another intoxicating substance and causes an accident that results in the death of another individual, this is considered a category B felony punishable by minimum 2 years and maximum 20 years imprisonment and fines from $2,000 to $5,000.

Sobriety Tests Are Meant To Be Failed

There are three standard field sobriety tests that are used by police officers in Las Vegas and throughout Nevada approved by the NHTSA. All three of these tests are ones you have probably seen on TV, and include:

• Walk and turn: This is a test that consists of walking heel to toe for nine steps, turning, and then walking nine steps back. Officer will be looking for various clues that indicate whether or not a person may be impaired. If a person indicates two or more of these clues, they will “fail” the test.
  • Cannot balance during instructions
  • Starts before being told to by the officer
  • Stops while walking
  • Does not touch heel-to-toe
  • Steps off the line
  • Uses their arms to balance
  • Loses balance on the turn or turns incorrectly
  • Takes the wrong number of steps
• One-leg stand: This test asks the allegedly impaired driver to balance on one leg and count “one one thousand” and upwards until they reach 30. This test is designed to measure a driver’s ability to do two tasks at once. An officer is looking for four clues that a person may be impaired, and any person who indicates two or more will “fail” the test.
  • Swaying while balancing
  • Hopping
  • Putting their foot down
  • Using their arms to balance
• HGN or pen test: This is called the “Horizontal Gaze Nystagmus Test,” and measures whether a person’s eyes involuntarily bounce or jerk when they are all the way to the left or right.

We recommend that you not take any field sobriety tests after being pulled over for driving under the influence in Las Vegas. Yes, a refusal to perform a field sobriety test may trigger an arrest, but you also not be giving the police or prosecutors any additional information to use against you in court, such as a failed test. These tests are difficult, even for those who have not been drinking alcohol. At Okabe & Haushalter, our Las Vegas DUI lawyers have extensive experience helping clients who have taken and failed field sobriety tests. Even if you took a test and allegedly “failed,” we are still going to work diligently to formulate a sound defense on your behalf.

Were You Or Your Child Charged With Underage DUI?

Per the Nevada Revised Statutes, it is illegal for an individual under 21 years of age who has been drinking or taking drugs to drive or otherwise be in physical control of a vehicle. Nevada has a “zero tolerance” policy for minors. If your BAC is over 0.02%—no matter if you are under the influence or not—you can be charged with DUI. If you are under 21 and convicted of DUI, you will have to undergo an alcohol and drug evaluation to find out whether you have abuse problems. Your driver’s license will be suspended for at least 90 days. In addition, you will have to attend DUI school, pay fines, and serve 2 days to 6 months in juvenile hall or jail. Commonly, for a first time offender, time spent in juvenile hall or jail is either suspended or changed to community service. There is also a 7-year waiting period before your criminal record is sealed.