Nevada's Driving Under the Influence (DUI) Laws


For technical assistance, please contact Nevada’s Traffic Safety Resource Prosecutor:

Bruce Nelson
Chief Deputy District Attorney
Clark County Vehicular Crimes Unit
702-671-2807
bruce.nelson@clarkcountyda.com

    Summary

    Driving is a privilege that the State of Nevada may regulate. See McCharles v. State, Dept. of Motor Vehicles, 99 Nev. 831, 673 P.2d 488 (1983). If a person violates any state driving laws, his driver’s license may be suspended, revoked, or canceled. See generally NRS chapter 483; see also Yohey v. State, Dept. of Motor Vehicles, 103 Nev. 584, 747 P.2d 238 (1987) .

    Under Nevada’s Illegal Per Se law, if chemical tests show an alcohol concentration of 0.08 percent or above (0.04 percent for commercial licensees) or a certain concentration of a prohibited substance, the State of Nevada will revoke the offender’s drivers license, assess a fine, and impose a sentence, with increased penalties for prior convictions. NOTE: A person can be arrested and convicted of DUI, even with less than a 0.08 percent alcohol concentration, with sufficient evidence that the person was under the influence of alcohol and/or a controlled substance (includes prescription and over-the-counter medications). See generally NRS 484C.110 et seq.

    Additionally, under Nevada’s Zero Tolerance law, if a driver under the age of 21 has 0.02 or more but less than 0.08 percent alcohol concentration, the State of Nevada will suspend the driver’s license for 90 days. NRS 483.461.