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DWI Penalties

According to the Nevada Driver’s Handbook, the following will be assessed depending on the degree and frequency of your conviction:

 

Administrative - Illegal Per Se Action 

.08 alcohol concentration or detectable amount of controlled substance in your blood (or .04 or more but less than .08 if you hold a commercial driver’s license), you will receive:

  • Driver’s license is revoked for 90 days
  • May be required to file an SR-22, Proof of Financial Responsibility
  • Criminal penalties may be imposed

 

.02 alcohol concentration for drivers under 21 years of age

  • Driver’s license is suspended for 90 days
  • May be required to file an SR-22, Proof of Financial Responsibility
  • Criminal penalties may be imposed

 

Criminal Action 

First DUI offense:

  • Driver’s license revoked for 90 days. After half the revocation period has been completed, a restricted license may be issued
  • Jail sentence of 2 days to 6 months, or 96 hours of community service
  • Fine of $400 to $1,000.
  • Payment of tuition for DUI school; average cost is $150
  • May be ordered to attend a program of treatment when the concentration of alcohol in your blood or breath is .08 or more

 

Second DUI offense within 7 years:

  • Driver’s license revoked for 1 year; not eligible for restricted license
  • Jail sentence or residential confinement of 10 days to 6 months
  • Fine of $750 to $1,000
  • 100 to 200 hours of community service
  • Possible vehicle registration suspension
  • May be ordered to attend a program of treatment or be placed under clinical supervision of a treatment facility for treatment for up to one year

 

Subsequent DUI offense within 7 years:

  • Driver’s license revoked for 3 years; a restricted license may be issued; contact your local DMV office for more information
  • Prison sentence of 1 to 6 years
  • Fine of $2,000 to $5,000
  • Possible vehicle registration suspension.
  • May be ordered to attend a program of treatment for a minimum of 3 years

 

DUI causing death or serious injury:

  • Driver’s license revoked for 3 years
  • Prison sentence of 2 to 20 years
  • Fine of $2,000 to $5,000


Nevada’s open container law makes it illegal to have opened alcoholic beverages in the driver or passenger areas when a vehicle is being driven.


If you are found guilty of a DUI offense and you had passengers under the age of 15 in the vehicle you were driving, the court will consider that as an aggravating factor in determining your sentence.


If you plead guilty or are found guilty of DUI (alcohol or drugs) and a chemical test was conducted, the court will impose an additional $60 fine to cover the costs of the chemical analysis.

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