Different Types of DUIs in Nevada: Laws, Penalties, and Legal Defenses

Operating a motor vehicle under the influence is a felony of the first order in the state of Nevada. The state of Nevada uses a severe system of laws to deter such behavior and at the same time provide maximum safety for the rest of the road users. Being aware of the different types that a DUI can take in Nevada will inform tasers about the risks and consequences as well as about the legal side of things before becoming a victim.

Driving under the influence of alcohol, illegal drugs, prescription medicine, and marijuana for that matter are all punishable under the law. The punishment can vary in length from time spent in a correctional facility to the number of days that a driver’s license has been revoked. Here is an overview of the types of DUI under the Nevada statutes and the significance they bear for the drivers of the state.

The majority of DUIs in Nevada are alcohol-related. As per NRS 484C.110, it is against the law for a person who is driving a motor vehicle to have his/her blood alcohol level at:

• 0.08g% or higher for a non-commercial driver

• 0.04g% or higher for a commercial driver

• 0.02g% or higher for drivers under 21 years of age

It is important to note that even though your BAC falls below the legal threshold, a DUI charge can still be brought against you in case the authorities conclude that alcohol has affected your ability to drive.

Penalties for Alcohol DUIs

• First Offense: Misdemeanor; jail time up to 6 months, money penalties ranging from $400 to $1,000, and temporary license revocation of 185 days.

• Second Offense: Jail time up to 6 months, fine of $1,000, mandatory alcohol treatment and revocation of a driver’s license for one year.

• Third Offense: Felony; incarceration for 1–6 years, fines up to $5,000, and 3 years of license suspension.

Before long, Nevada courts usually put mandatory ignition interlock systems (IIDs) on the vehicles of every DUI offender.

Under the laws of Nevada, individuals driving under the influence of illegal substances or those classified as controlled are not left unpunished. This category comprises drugs like:

• Cocaine

• Heroin

• Methamphetamine

• LSD

• Ecstasy

Such consequence follows the detection of those drugs in the drivers’ chemical analysis samples even when there are no visible signs of the driver’s impairment.

Per Se Limits for Drugs

Nevada has imposed tight "per se" restrictions for particular drugs. In particular, if two nanograms of THC or five nanograms of marijuana metabolite are found in the blood, the law considers the driver to be under the influence.

Penalties

Drug-related DUI penalties are similar to those of alcohol-related offenses. They include imprisonment, monetary sanctions, and enrollment in addiction treatment programs.

Many do not know that prescription drugs and even that over-the-counter medications can cause impairment. If these drugs make you sleepy, dizzy, or slow your reflexes, then driving in such condition is definitely not safe.

Some of the most frequently medicated DUIDs are:

• Power-killers (Oxycodone, Hydrocodone)

• Anti-anxiety medications (Xanax, Valium)

• Sleep-inducing medications (Ambien, Lunesta)

• Cough or allergy medicines that contain sedatives

Legal Implications

Even if you have a legitimate prescription, you can still be charged with a DUI if your medication hinders your driving. Police officers depend on field sobriety tests and samples taken from blood or urine to detect ​‍​‌‍​‍‌impairment.

Although recreational marijuana is legal in Nevada, driving while under its influence is not. The law treats marijuana DUIs just as seriously as alcohol-related offenses.

THC Testing

Police use blood tests to determine THC levels. The legal limit is 2 ng/ml of THC or 5 ng/ml of metabolite. Exceeding this limit can result in automatic DUI charges, even if the driver does not feel impaired.

Penalties

A marijuana DUI can lead to jail time, fines, license suspension, and mandatory DUI education. Repeat offenders may face felony charges.

Commercial drivers—such as truck and bus operators—are held to stricter standards because of the nature of their work. The BAC limit for commercial drivers in Nevada is just 0.04%.

Penalties

• First Offense: Disqualification of the commercial license for one year.

• Second Offense: Permanent disqualification.

• Additional penalties include jail time, fines, and loss of employment.

These strict regulations protect the public and emphasize the importance of responsibility in commercial driving.

Nevada has a zero-tolerance policy for drivers under the age of 21. A BAC of just 0.02% is enough to result in a DUI charge.

Penalties for Underage DUI

• 90-day driver’s license suspension

• Mandatory alcohol education program

• Community service

• Increased insurance premiums

While the court may focus on rehabilitation, underage DUI offenders still face serious long-term consequences.

Certain circumstances can elevate a standard DUI to a felony or aggravated DUI, even for first-time offenders. Common aggravating factors include:

• Causing serious bodily injury or death

• Having multiple prior DUI convictions

• Driving under the influence with a minor passenger

Penalties

• 2–20 years in state prison

• Up to $5,000 in fines

• Long-term license revocation

• Mandatory rehabilitation or treatment programs

Felony DUIs can permanently damage your criminal record, employment opportunities, and personal reputation.

Nevada follows an implied consent law, which means every driver automatically consents to chemical testing (breath, blood, or urine) when suspected of DUI.

Refusing to submit to testing can result in:

• Immediate driver’s license revocation

• Evidence of refusal used against you in court

• Police obtaining a warrant for a forced blood draw

A refusal can make your case more complicated and often leads to harsher penalties.

Being charged with a DUI does not automatically mean conviction. A skilled Nevada DUI defense attorney can identify weaknesses in the case and challenge evidence. Common defenses include:

• Lack of probable cause for the traffic stop

• Faulty or uncalibrated breathalyzer

• Improper blood sample handling

• Medical conditions that mimic intoxication symptoms

• Violation of rights during arrest or testing

Each DUI case is unique, and the right defense strategy can significantly reduce penalties—or even result in dismissal.

Understanding the Different Types of DUIs in Nevada is essential for every driver. The state imposes strict laws to keep roads safe, but it’s equally important for individuals to know their rights and responsibilities. Whether the charge involves alcohol, drugs, or prescription medication, the consequences can be severe and long-lasting.

If you or someone you know faces DUI charges, contact an experienced Nevada DUI lawyer immediately. Legal guidance can help protect your record, minimize penalties, and ensure the best possible outcome.

Driving safely and responsibly not only prevents legal trouble—it saves lives.