Nevada DUI Laws: Guide to Drunk Driving Charges and Penalties

Getting Started

As of October 1, 2025, if you get a DUI in Nevada, you face tougher consequences, including longer jail sentences for repeat offenses, higher fines, extended license suspensions, and more mandatory ignition interlock device requirements.

If you’re arrested for a DUI in Nevada, you face two separate proceedings: administrative action from the DMV and criminal charges in court. Nevada’s overhaul of its DUI laws reflects a significant shift in how impaired driving is punished and detected.

Definitions to Know

Nevada Department of Motor Vehicles

The Nevada Department of Motor Vehicles (DMV) handles administrative license revocations, restricted license applications, ignition interlock oversight, and SR-22 monitoring. After a DUI arrest, your license may be confiscated, and you need to work with the DMV for any temporary permits or license reinstatement. 

Steps to Take After DUI Arrest in Nevada

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes.

2. License Revocation

   Your driver’s license will be revoked for 90 days for a first offense, longer for subsequent offenses.

3. Request an Administrative Hearing

   If disputing a suspension, request a hearing with the Nevada DMV within 7 days of your arrest.

4. Apply for a Restricted License

   If eligible, you can get limited driving privileges in Nevada by installing an ignition interlock device once you complete half of your revocation period.

5. Install an IID

   Required for certain offenses and mandatory for drivers with a BAC of 0.08% or higher and all second or subsequent offenses.
   Explore IIDs

6. File an SR-22 Form

   Proof of insurance-related financial responsibility through an SR-22 may be required for license reinstatement. Your insurance provider must file this form directly with the DMV.

7. Complete Substance Abuse Evaluation and Treatment

   Attend evaluation and complete recommended programs. Mandatory alcohol treatment is required if BAC is at or above 0.16%.

8. Pay Fines and Fees

   You’ll need to pay court fines plus other fees, such as license reinstatement and state charges.

9. Complete DUI Education Program

   Mandatory alcohol education courses are required.

10. Attend Court Proceedings

    Your case will proceed through criminal court independently from administrative actions.

11. Comply with Probation

    Probation terms may include regular check-ins and abstaining from alcohol or drugs.

12. Avoid Further Violations

    Whether you’re on probation, using a restricted license, or have just had your license reinstated after a DUI, any new DUI or breaking license rules can lead to jail time and even longer revocations.

DUI Laws in Nevada

In Nevada, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. Lawful use of cannabis or prescription drugs won’t protect you from DUI charges; if roadside performance or BAC/drug levels indicate impairment, you can still be charged.

What Are the Legal Driving Alcohol Limits in Nevada?

The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).

Felony vs Misdemeanor DUI Charges

In Nevada, most first and second DUI offenses within 7 years are classified as misdemeanors. However, a DUI becomes a felony under the following circumstances:

• Third or subsequent DUI offense within 7 years
• DUI causing serious bodily injury to another person
• DUI causing death of another person

Misdemeanor penalties include jail time up to 6 months and fines up to $1,000, while felony DUI convictions can result in 1-6 years in Nevada State Prison and fines up to $5,000.

What Are Drunk Driving Diversion Programs in Nevada?

Nevada offers DUI courts as specialty courts for drivers with a third drunk driving offense. These intensive treatment programs may be available to eligible second-time DUI offenses as an alternative to jail time. The program typically includes regular court appearances, counseling, random testing, and close supervision. Successful completion may lead to reduced charges. Drivers with their first low-level BAC DUI may be eligible for a lesser offense of “reckless driving” through plea bargaining, although this is at the prosecutor’s discretion.

Refusing a Chemical Test Under Nevada DUI Law

Nevada operates under implied consent laws. If you drive on the state’s roads you automatically consent to chemical testing if arrested for suspicion of drunk driving.

Additionally, test refusal eliminates the possibility of reduced charges or penalties that might be available with a borderline BAC test result.

DUI Penalties & Consequences

Penalties for DUI Offenses in Nevada

Penalties for DUIs in Nevada become progressively severe with each conviction:

Aggravating Factors That Increase Nevada DUI Penalties

In Nevada, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license revocations, and additional requirements like longer DUI education programs:

• High BAC levels (0.16% or higher)
• DUI with a child under 15 in the vehicle
• Excessive speed combined with DUI
• Previous DUI convictions beyond the 7-year lookback period
• DUI causing an accident (even without injuries)
• Refusal to submit to chemical testing
• DUI while driving on a suspended or revoked license

Driving Without a Valid License

Driving with a suspended or revoked license in Nevada is a misdemeanor that carries serious penalties. If caught driving while your license is revoked for DUI, you could face up to 6 months in jail, fines up to $1,000, extended revocation period, and vehicle impoundment.

Additionally, you may become ineligible for a restricted license and potentially face additional DUI charges if caught driving under the influence again. These consequences compound your existing DUI problems and make eventual license reinstatement more difficult and expensive.

License Suspension

Getting your license revoked in Nevada means you are no longer allowed to drive a vehicle, unless you obtain a temporary or restricted license during your revocation period.

Who Determines if You Can Continue Driving After a DUI 

In Nevada, both the DMV and the courts have roles in determining your driving privileges after a DUI:

• DMV (Administrative): Handles automatic license revocations based on BAC test results or test refusals. This process is separate from your criminal case and begins shortly after arrest.
• Courts (Criminal): As part of your criminal sentencing, the court may impose additional license restrictions or revocation periods.

You must satisfy both DMV administrative requirements and court-ordered conditions before fully restoring your driving privileges.

How Long Will Your License Be Suspended?

A DUI in Nevada results in an automatic license suspension. Here’s how long your regular license may be revoked for a DUI in Nevada:

Steps to Reinstate Your License

1. Serve revocation period fully.
2. Pay reinstatement fees ($120 standard fee).
3. Insurance company must provide proof of financial responsibility via SR-22 form if required (maintained for 3 years).
4. Complete required education or treatment programs.
5. Install an IID if mandated by court or administrative order.
6. Pass vision test and possibly written and driving tests.

How to Apply for a Restricted Driver’s License

1. Install an ignition interlock device on any vehicles you own or operate.
2. Submit SR-22 as proof of insurance financial responsibility, if required.
3. Provide documentation of need (e.g., employment verification or medical necessity).
4. Complete the Restricted License Application (DMV Form DLD -7).
5. Pay applicable fees.
6. Provide proof of enrollment in required treatment programs.
7. Appear in person at a full-service DMV office.

Nevada Ignition Interlock Device (IID) Requirements

Nevada requires ignition interlock devices after any DUI conviction, regardless of BAC:

• First offense with BAC of 0.08% or higher: At court’s discretion (usually 3-6 months)
• First offense with BAC of 0.16% or higher: Mandatory for 12-36 months
• Second offense within 7 years: Mandatory for 12 months
• Third and subsequent offenses: Mandatory for 12-36 months

The device must be installed in all vehicles you operate and requires you to:

• Provide a breath sample before starting your vehicle
• Submit to random retests while driving
• Pay for installation and monthly calibration/monitoring
• Return for regular calibration every 30-90days

Tampering with or circumventing the device is a criminal offense that can result in additional penalties and extended IID requirements.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

SR-22 Insurance Requirements

After a DUI in Nevada, you may be required to file an SR-22 form through your insurance provider to prove financial responsibility. Key aspects of this requirement include:

• Must be maintained continuously for 3 years following license reinstatement
• Any lapse or cancellation will result in automatic license suspension
• Expect insurance premium increases of 50-100% or more
• Must cover all vehicles registered in your name
• Cannot be amended or modified without DMV notification

To obtain an SR-22, contact your insurance company or find a new provider like Breathe Easy Insurance Solutions that offers SR-22 insurance. Be sure to ask your insurance carrier to submit the form to the Nevada DMV as part of your license reinstatement process.

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Nevada requires drivers convicted of DUI to undergo substance abuse evaluation and complete recommended treatment:

• First offenses: Must complete a victim impact panel and DUI school (8-hour educational course)
• First offenses with high BAC (0.18% or higher): Required to complete evaluation and treatment program
• Second and subsequent offenses: Must complete comprehensive evaluation and treatment program lasting up to 12 months

The evaluation process includes:

• Assessment by a state-approved provider
• Review of your drinking/drug use history
• Examination of prior offenses
• Recommendations for appropriate level of treatment

Treatment options range from educational programs to intensive outpatient or inpatient treatment based on evaluation results. For a list of approved providers, visit dmv.nv.gov/dlschoolsdui.htm. 

If you receive a DUI while participating in court-ordered alcohol treatment in Nevada, your current treatment participation will now count as a prior offense under the law, resulting in harsher penalties for the new DUI conviction.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Nevada

Sources

1. FindLaw. (n.d.). What are the Nevada DUI laws. FindLaw. https://www.findlaw.com/state/nevada-law/what-are-the-nevada-dui-laws.html
2. National College for DUI Defense. (n.d.). Nevada DUI laws. National College for DUI Defense. https://www.ncdd.com/nevada-dui-laws
3. Nevada DMV. (n.d.). Driver’s license book 2021. Nevada Department of Motor Vehicles. https://dmv.nv.gov/pdfforms/dlbook-2021.pdf
4. Nevada DMV. (n.d.). Driver’s license suspension and revocation hearings. Nevada Department of Motor Vehicles. https://dmv.nv.gov/pdfforms/hearingsbrochure.pdf
5. Nevada DMV. (n.d.). DUI schools. Nevada Department of Motor Vehicles. https://dmv.nv.gov/dlschoolsdui.htm
6. Nevada DMV. (n.d.). License suspension information. Nevada Department of Motor Vehicles. https://dmv.nv.gov/dlsuspension.htm
7. Nevada DMV. (n.d.). Quick reference guide to DUI. Nevada Department of Motor Vehicles. https://dmv.nv.gov/pdfforms/qtdui.pdf
8. Nevada DMV. (n.d.). Traffic laws. Nevada Department of Motor Vehicles. https://dmv.nv.gov/dltrafficlaws.htm
9. Nevada Legislature. (2020). Driving under the influence. Research Division, Legislative Counsel Bureau, State of Nevada. https://www.leg.state.nv.us/Division/Research/Documents/Driving-Under-the-Influence-2020.pdf
10. State Bar of Nevada. (n.d.). Public information on DUI. State Bar of Nevada. https://nvbar.org/wp-content/uploads/SBN-Public-Info-Brochure-DUI-fn.pdf