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Nevada DUI Law

A person arrested for DUI / DWI / Drunk Driving in Nevada will face 2 separate proceedings:

1. Court proceedings regarding the criminal DUI charges. This will determine whether the person will be convicted of a Nevada DUI, or of a lesser offense, and if so what the penalties will be (or whether the case will be dismissed). For most DUI arrests in the city of Las Vegas, court will take place at the Regional Justice Center in downtown Las Vegas; and



2. Administrative proceedings at the Nevada DMV to determine whether a drivers license suspension will be imposed.

If you hire a Las Vegas DUI attorney to represent you, the lawyer will generally handle both of these proceedings on your behalf. You probably will never have to attend court, or the DMV hearing. The Nevada DUI attorney’s objective, of course, is (a) to keep the DUI charge off your record, and (b) to preserve your driving privileges.

The Criminal DUI Charge in Nevada

Nevada’s Drunk Driving laws (found in NRS 484.379) make it illegal to operate a motor vehicle on a highway or a publicly accessible road under any of the following three circumstances:

1. If the driver is under the influence of alcohol or drugs or both;



2. If the driver has a blood alcohol concentration of .08 or greater at the time of driving; or



3. If the driver’s BAC is measured at .08 or greater within 2 hours of the time of driving.

Under Nevada DUI law, driving "under the influence" and driving with an excessive BAC (.08 or greater) are considered separate offenses. Each is a distinct misdemeanor. A DUI suspect whose blood or breath reads over .08 will likely be charged with both crimes.

It is possible, however, to commit one of the offenses but not the other. For example, a person who is very sensitive to alcohol (sometimes casually referred to as a "lightweight") may become "under the influence" well below a .08. In fact, different people reach a state of intoxication at different BAC levels. Some people become intoxicated at .06 BAC, others at .08.

Some people with a higher tolerance may not become under the influence until they reach a .12 BAC. Thus, for example a person arrested for a Nevada DUI may “Blow” a .10 and therefore be guilty of the excessive BAC charge. Yet he or she may still be relatively sober, and therefore not guilty of the under the influence charge.

The upshot is this: the prosecutor can still charge you with a Nevada DUI even if your BAC comes back below a .08. A Nevada DUI suspect whose blood or breath reads a .07 or even a .05 may face a drunk driving prosecution if the other evidence in the case (such as poor driving ability, lack of coordination, and slurred speech) suggests he or she is nonetheless intoxicated.

The Nevada DMV Hearing

Normally, a 1st time DUI suspect whose BAC measures .08 or higher faces the possibility of a 90 day drivers license suspension (during the last 45 days of which s/he can get a restricted license to drive to work). But the person is also entitled to a Nevada DMV hearing to contest whether the suspension should be imposed. An experienced Las Vegas DUI lawyer may be able to win the hearing and save your driving privileges.

Breath Test Cases

Suppose you were arrested for a Nevada DUI, and elected to take a breath test. The machine indicates that your BAC reads .08 or higher.

The officer will most likely confiscate your drivers license. In its place, he or she gives you a sheet of paper that acts as a temporary driving permit. You or your Nevada DUI lawyer must then contact the DMV within 7 days to request a hearing. If so, the DMV will issue you a temporary license that stays valid pending the outcome of the DMV hearing. Depending on scheduling issues, the DMV hearing may take place up to several months after the arrest.

Blood Test Cases

If you got arrested for a Nevada DUI and chose a blood test, the officer will not confiscate your drivers license. Rather, the DMV will wait to see the results of the test. If the blood results come back .08 or higher, the Nevada DMV will mail you a notice of license suspension. You or your attorney may then contact the DMV (a) to request a hearing and (b) to request a temporary license (which will remain valid pending the outcome of the hearing).

In Las Vegas DUI cases, the police send the blood sample to Quest Diagnostics Laboratory for analysis. It may take 3 months or more before Quest completes this analysis and provides a result. In the meanwhile, no action will be taken by the DMV on your license. But once the result comes back, if the BAC reads .08 or higher, this process begins.

Contact a Las Vegas DUI Attorney for Further Assistance

If you have further questions, or would like to set a free consultation to discuss the specifics of your case with an experienced Las Vegas NV DUI lawyer, we invite you to contact us.