Different Types of DUIs in Nevada

Nevada has strict laws against driving under the influence that are meant to protect the public from impaired drivers. DUI laws detail different categories of DUI offenses and the penalties associated with each. In addition, there are specific laws for underage driving under the influence.

What Is a DUI Charge?

In Nevada, a person can be charged with a DUI if they operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both, which impairs their ability to drive safely.

Under Nevada law, a person with a blood alcohol concentration (BAC) of 0.08 percent or more is illegally driving under the influence. However, even if a driver’s BAC is below this limit, law enforcement can still arrest you for a DUI if they believe your ability to drive is impaired. The law sets a lower BAC limit of 0.04 percent for commercial truck drivers and 0.02 percent for drivers under 21.

Types of DUI Charges

Nevada DUI laws allow for several types of DUI charges, each with varying levels of severity based on the circumstances surrounding the offense:

• Standard DUI — This is the most common type of DUI charge. It applies when a driver has a BAC of 0.08% percent or higher or when a driver is impaired by alcohol or drugs, regardless of their BAC. A first-time standard DUI is generally a misdemeanor, but subsequent offenses lead to harsher penalties.
• Aggravated DUI — A DUI becomes “aggravated” when a person is driving under the influence accompanied by aggravating factors. Those factors can include such things as causing substantial bodily injury or death or being arrested within seven years of two prior DUI convictions. Aggravated DUI charges are much more serious and carry much more severe consequences than a standard DUI.
• DUI Involving Minors — If a person is charged with DUI while a minor is in the vehicle, the offense is more serious. The presence of a minor in the vehicle can lead to enhanced penalties, even if it’s a first-time offense.
• Underage DUI — Nevada DUI laws are strict for drivers under the age of 21. If the driver is under 21 and has a BAC of 0.02 percent or higher, they can face underage DUI charges. 

Penalties for DUI Offenses

The penalties for a DUI in Nevada depend on several factors, including whether it’s a first offense, second offense, or third offense, as well as whether there are aggravating circumstances like injury, death, or the presence of a minor. Below are the typical penalties associated with DUI convictions:

• First Offense — A first-time DUI is a misdemeanor. A suspended sentence is usually granted for the first offense. However, penalties can include up to six months in jail, fines ranging from $400 to $1,000, a $35 civil penalty, mandatory attendance in DUI school, community service, and a 185-day license suspension. You may also be required to install an ignition interlock device (IID) in your vehicle.
• Second Offense — A second DUI conviction within seven years of the first is still a misdemeanor, but the penalties increase. They include up to six months in jail, fines between $750 and $1000, a $35 civil penalty, a drug/alcohol dependency evaluation, a one-year license suspension, and an IID requirement. Community service and alcohol or drug treatment programs may also be required.
• Third Offense — A third DUI within seven years is a felony. The penalties include a prison sentence of one to six years, fines of up to $5,000, a three-year license suspension, and mandatory IID installation. Felony DUI convictions result in a permanent criminal record.
• Aggravated DUI — A conviction of aggravated DUI comes with penalties that can include a maximum of 20 years in prison, fines of up to $5,000, community service, treatment programs, and permanent license revocation.
• DUI Involving Minors — If a minor under 15 is in the car during a DUI arrest, the penalties are enhanced. If it’s a first-time offense, the judge will likely impose jail time rather than suspending the sentence. Additionally, the offender could be charged with felony child endangerment in addition to the other penalties associated with a DUI.

Nevada’s Underage DUI Laws and Penalties

Nevada imposes strict penalties on drivers under 21 who drive under the influence. Underage DUI penalties include fines of up to $1,000, license suspension for at least six months, mandatory DUI school, and possibly community service. Additionally, the law requires a person with an underage DUI to be evaluated by a medical professional to determine whether they suffer from drug or alcohol addiction. In some cases, underage drivers may face additional charges related to the possession or consumption of alcohol.

Underage DUI convictions can have long-term consequences, including a permanent criminal record and increased insurance rates. If the conviction is a misdemeanor, it may be sealed seven years after the case is over. Felony convictions cannot be sealed.

Because of the lasting impact of a DUI charge, it’s essential for young drivers facing such charges to seek legal representation.

Defense Strategies for DUI Charges

If you are facing a DUI charge in Nevada, working with an experienced Nevada DUI attorney who can help build a strong defense is important. Some potential strategies that an experienced criminal defense attorney might craft include:

• Challenging the Traffic Stop — Your attorney may argue that the initial traffic stop was unlawful, which could lead to the dismissal of the charges.
• Questioning the Breathalyzer or Blood Test Results — The results may be inaccurate if the equipment used to test your BAC was faulty or improperly maintained, or if the tests were improperly administered.
• Proving Lack of Impairment — In some cases, your attorney may be able to demonstrate that you were not impaired. This could involve questioning the officer’s observations or providing evidence that your driving was not unsafe.
• Invalid Field Sobriety Tests — Field sobriety tests are subjective and can sometimes lead to incorrect conclusions. Your attorney may challenge the results of these tests, especially if someone improperly administered them.

Contact Our Nevada DUI Attorneys for Help

If you or a family member is facing DUI charges in Nevada, it’s crucial to seek legal representation as soon as possible. At Adras & Altig, our experienced Nevada DUI attorneys are committed to protecting your rights and guiding you through the legal system. 

We will review the details of your DUI offense, develop a strong defense, and work to minimize the impact of the charges on your life. Call today or contact us online to schedule a consultation, and let our Las Vegas DUI lawyers help you fight your DUI charges.