In Nevada, driving under the influence (DUI) is defined as operating or being in actual physical control of a vehicle while under the influence of alcohol or controlled substances. Because DUI convictions are subject to enhancement, the legal consequences become significantly more severe with each subsequent conviction within a seven-year period.
First Offense: Misdemeanor Consequences
A first DUI within seven years is typically charged as a misdemeanor. Even if it is your first time, the penalties are substantial and include:
- Jail or Community Service: A minimum of two days in jail (up to six months) or 48 to 96 hours of community service.
- Fines: A minimum fine of $400 (up to $1000.00), plus various court fees.
- Education: Mandatory completion of a DUI educational course and a Victim Impact Panel (VIP).
- Licensing: The DMV will suspend your driver’s license and require the installation of an interlock device as a condition for obtaining a restricted license.
- Substance Use Evaluation: You will be required to complete a substance use evaluation if you are shown to have had a BAC of 0.16 or higher at the time you were in physical control of a motor vehicle or under the influence of a controlled substance.
Second Offense: Misdemeanor Consequences
A second DUI within seven years of your first conviction is still a misdemeanor offense, but carries harsher mandatory penalties. These include:
- Jail or Community Service: A minimum of two days in jail (up to six months) or 48 to 96 hours of community service.
- Fines: A minimum fine of $750 (up to $1000.00), plus various court fees.
- Treatment: Offenders are required to undergo a substance abuse evaluation and participate in a treatment program that complies with the recommendations of the evaluation.
- Education: Mandatory completion of the Victim Impact Panel (VIP).
- Licensing: The DMV will suspend your driver’s license for one year and require the installation of an interlock device as a condition for obtaining a restricted license.
Third Offense: Felony Consequences
A third DUI offense within seven years of the first conviction is treated very seriously by the courts and is considered a Category B Felony. Penalties include:
- Prison: Mandatory prison sentence of one to six years. Probation is not available unless you are participating the specialty court DUI Diversion program.
- Fines: A minimum fine of $2,000 (up to $5,000.00), plus court fees.
- Licensing: The DMV will revoke your license for three (3) years. You may be eligible for a restricted license after one year.
- Treatment: Offenders convicted of a third offense DUI can apply to participate in the DUI Diversion treatment court. This program is designed to give those facing mandatory prison time one last opportunity to seek recovery through a specialized program.
Once a Felon, Always a Felon
Nevada follows a strict “once a felon, always a felon” policy when it comes to DUIs. If you are convicted of a felony DUI—such as a third offense or one causing death or substantial bodily harm—any subsequent DUI you ever receive will be charged as a felony, regardless of how many years have passed.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Viewing this content or contacting the author does not create an attorney-client relationship. Do not act or rely on any information provided without seeking legal advice from a qualified attorney licensed in your jurisdiction. Laws change and vary by jurisdiction, and no representation is made that the information provided is current, complete, or applicable to your situation.
