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Nevada DUI Laws

Last reviewed July 2026 · 9 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

7-year window

Nevada prosecutes impaired driving as DUI under NRS 484C.110, with a 7-year lookback penalty ladder in § 484C.400: a first offense is a misdemeanor (2 days–6 months jail, $400–$1,000 fine), a second within 7 years is a misdemeanor (10 days–6 months, $750–$1,000), and a third within 7 years is a category B felony (1–6 years, $2,000–$5,000). A DUI after a prior felony-DUI or DUI-caused homicide is a 2–15-year category B felony (§ 484C.410), and a DUI causing death or substantial bodily harm is a 2–20-year category B felony with no probation and restricted plea bargaining (§ 484C.430). A habitual offender (≥3 prior DUI/DUI-homicide offenses) who commits DUI and causes a death commits the separate offense of vehicular homicide under § 484C.130. IID is required as a condition of the ignition-interlock privilege to reinstate driving (185 days first / 1 year second / 3 years felony) under § 484C.460. Nevada criminalizes driving under the influence of controlled substances or inhalants, with a general per se blood/urine drug table in § 484C.110(3) (amphetamine, cocaine, heroin, LSD, methamphetamine, PCP) that applies to any DUI; the marijuana per se limits in § 484C.110(4) (delta-9-THC 2 ng/mL, 11-OH-THC 5 ng/mL blood) apply ONLY to a third-offense (category B felony) prosecution — on a first or second offense the State must prove actual impairment, with no marijuana per se threshold. The under-21 threshold is a measured 0.02 (administrative zero tolerance via NRS § 483.461). Transporting a child under 15 is a mandatory sentencing aggravator (§ 484C.400(5)).

Nevada DUI penalties by offense tier

Offense tierFineJailLicense actionIgnition interlock
First offense within 7 years (misdemeanor)$400–$1,000 (Mandatory minimum $400 fine (NRS 484C.400(1)(a)(3)).; Maximum $1,000 fine (NRS 484C.400(1)(a)(3)).)2 days–6 months (Mandatory minimum 2 days (NRS 484C.400(1)(a)(2)(I)). The court may substitute 48–96 hours of community service (sub.(II)). Sentence may be reduced if the offender completes treatment under NRS 484C.320.; Maximum 6 months in jail or residential confinement (NRS 484C.400(1)(a)(2)(I)).)Revoked for 185 days — A 185-day ignition-interlock-device requirement attaches as a condition of the ignition-interlock privilege to reinstate driving under NRS 484C.460(1)(a). The underlying admin revocation is governed by NRS 483.490.Required if restricted license or restoration (185 days–185 days)
Second offense within 7 years (misdemeanor)$750–$1,000 (Mandatory minimum $750 fine (NRS 484C.400(1)(b)(2)).; Maximum $1,000 fine or an equivalent number of community-service hours (NRS 484C.400(1)(b)(2)).)10 days–6 months (Mandatory minimum 10 days (NRS 484C.400(1)(b)(1)). At least one segment of ≥48 consecutive hours must be served (sub. (3)).; Maximum 6 months in jail or residential confinement (NRS 484C.400(1)(b)(1)).)Revoked for 365 days — A 1-year IID requirement attaches as a condition of the ignition-interlock privilege under NRS 484C.460(1)(b). Admin revocation is governed by NRS 483.490.Required if restricted license or restoration (1 year–1 year)
Third offense within 7 years (category B felony)$2,000–$5,000 (Mandatory minimum $2,000 fine for a third offense (NRS 484C.400(1)(c)(1)(II)). A DUI after a prior felony-DUI/homicide under § 484C.410 carries the same $2,000 minimum; DUI causing death/injury under § 484C.430 also carries a $2,000 minimum.; Maximum $5,000 fine (NRS 484C.400(1)(c)(1)(II); § 484C.410; § 484C.430).)1 year–20 years (Third within 7 yr (§ 484C.400(1)(c)(1)(I)): minimum 1 year. DUI after a prior felony-DUI/homicide (§ 484C.410): minimum 2 years. DUI causing death/substantial bodily harm (§ 484C.430): minimum 2 years.; Third within 7 yr (§ 484C.400(1)(c)(1)(I)): max 6 years. DUI after a prior felony-DUI/homicide (§ 484C.410): max 15 years. DUI causing death/substantial bodily harm (§ 484C.430): max 20 years.)Revoked for 1095 days — A 3-year IID requirement attaches as a condition of the ignition-interlock privilege under NRS 484C.460(1)(c) for any felony DUI (a § 484C.400(1)(c) third offense, a § 484C.410 recidivist felony, a § 484C.130 vehicular homicide, or a § 484C.430 death/injury offense). Admin revocation is governed by NRS 483.490. A § 484C.430 sentence may not be suspended and probation may not be granted (§ 484C.430(2)).Required if restricted license or restoration (3 years–3 years)

Frequently asked questions

What is the legal BAC limit in Nevada?

The per se limit is 0.08% (NRS 484C.110(1)(b)/(c)), measured in blood or breath (including a test taken within 2 hours of driving). The offense also covers impairment by alcohol, controlled substances, combined influence, or inhalants. A general per se blood/urine drug table (§ 484C.110(3): amphetamine, cocaine, heroin, LSD, methamphetamine, PCP) applies to any DUI. The marijuana per se limits (§ 484C.110(4): delta-9-THC 2 ng/mL, 11-OH-THC 5 ng/mL blood) apply ONLY to a third-offense (category B felony) prosecution — on a first or second offense there is no marijuana per se limit and the State must prove impairment. The commercial threshold is 0.04% and the under-21 threshold is 0.02%.

What are the penalties for a first DUI in Nevada?

A first offense within 7 years is a misdemeanor (§ 484C.400(1)(a)): 2 days–6 months in jail (or 48–96 hours community service), $400–$1,000 fine, a DUI school, and a 185-day ignition-interlock-device condition to reinstate driving. A BAC of 0.18+ also requires a treatment program under NRS 484C.360.

What are the penalties for a second DUI in Nevada?

A second offense within 7 years is a misdemeanor (§ 484C.400(1)(b)): 10 days–6 months in jail (with at least one segment of 48 consecutive hours served), $750–$1,000 fine, a required substance-use-disorder treatment program, and a 1-year ignition-interlock-device condition to reinstate driving.

When does a Nevada DUI become a felony?

A THIRD offense within 7 years is a category B felony: 1–6 years in prison, $2,000–$5,000 (§ 484C.400(1)(c)). A DUI committed after a prior felony-DUI or DUI-caused homicide is a category B felony carrying 2–15 years (§ 484C.410). A DUI causing death or substantial bodily harm is a category B felony carrying 2–20 years (§ 484C.430).

Does Nevada require an ignition interlock device after a DUI?

Yes — IID is required as a condition of the ignition-interlock privilege to reinstate driving under § 484C.460: 185 days for a first offense, 1 year for a second offense, and 3 years for any felony DUI. A court may grant a narrow exception only for a documented medical inability to provide a deep-lung breath sample or residence >100 miles from an IID provider (§ 484C.460(2)).

What happens if I refuse the breath or blood test in Nevada?

Refusing an evidentiary test triggers administrative license revocation under NRS 483.490. The officer must inform you that refusal will revoke your driving privileges (§ 484C.160(2)). If the officer has reasonable grounds, a warrant can authorize a forced blood draw (§ 484C.160(9)). Refusal is not a separate crime in Nevada but is admissible as evidence.

How long do prior DUIs count against me in Nevada?

Nevada uses a 7-year lookback window (§ 484C.400(2)), measured offense-to-offense. Any period between the two offenses during which you were imprisoned, in residential confinement, under treatment supervision, on parole, or on probation is EXCLUDED from the calculation (§ 484C.400(6)). Out-of-state convictions for similar conduct count.

What is Nevada's under-21 BAC rule?

Nevada enforces a measured 0.02 BAC zero-tolerance threshold for drivers under 21, carrying a mandatory 90-day administrative license suspension under NRS § 483.461. At 0.08+ the full adult criminal DUI in § 484C.110 and its penalties apply.

What if my Nevada DUI causes injury or death?

DUI causing death or substantial bodily harm is a category B felony under § 484C.430: 2–20 years in prison and $2,000–$5,000. The sentence cannot be suspended, probation is barred, and plea bargaining to a lesser charge is restricted (§ 484C.430(2)). Separately, a habitual offender with at least three prior DUI/DUI-homicide convictions who commits a DUI and proximately causes a death commits the distinct offense of vehicular homicide under § 484C.130.

Sources

  1. NRS § 483.461 — Mandatory suspension of license of person less than 21 years of age if test shows concentration of alcohol of 0.02 or more but less than 0.08 (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  2. NRS § 483.490 — Issuance of restricted licenses; ignition interlock privilege; penalties (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  3. NRS § 484C.110 — Unlawful acts relating to operation of vehicle; affirmative defense; additional penalty in work zone (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  4. NRS § 484C.130 — Vehicular homicide; affirmative defense (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  5. NRS § 484C.160 — Implied consent to evidentiary test; choice of test; reasonable force authorized (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  6. NRS § 484C.400 — Penalties for first, second and third offenses; intermittent confinement; aggravating factor (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  7. NRS § 484C.410 — Penalties when offender previously convicted of certain felonious conduct or homicide (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  8. NRS § 484C.430 — Penalty if death or substantial bodily harm results (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026
  9. NRS § 484C.460 — When court is required to order installation of ignition interlock device; exceptions (Nev. Rev. Stat., via Justia) — Accessed July 7, 2026

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