Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offence committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.

In Nevada, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year.

REGULATIONS FOR DUI/DWI IN NEVADA

In Nevada, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age and it is set between 0.02 and 0.08% for those under 21. For commercial drivers, the limit is set at 0.04%. Despite these guidelines, a driver may be arrested and be convicted for a lower BAC.

Having a Nevada license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your permit to drive or license being seized; you may be arrested and taken for testing.

Points will be added to your driving record and your license will be suspended or revoked, if you convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.

ACTIONS AGAINST DUI/DWI FOR DRIVERS OVER 21:

If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Misdemeanor may result in imprisonment for between two days and six months (or community service for 96 hours) and/or a $400- $1000 fine. Also, if convicted for a first offense BAC or DWI (BAC over 0.08%) or for driving under the influence of drugs (DUID):
   • Your license will be revoked for 90 days.
   • You may be eligible to drive using the restricted license for 10 hours a day for six days each week, with an Ignition Interlock Device after 45 days of revocation.
   • You may have to pay $150.00 that is the average cost of DUI School.
   • You may have to undergo a treatment program if BAC is 0.08 or above.
2. The second offense or two offenses in seven years is treated as a Misdemeanor and may result in imprisonment for between 10 days and six months (or residential confinement) and/or a $750- $1000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:
   • Your license will be revoked for one year.
   • You will have to undertake community service for 100-200 hours.
   • Your vehicle registration may be suspended.
   • You may have to undergo a treatment program or undergo up to one-year clinically supervised treatment at a treatment facility.
3. The third and subsequent offense or three offenses in seven years is treated as a Class B Felony may result in imprisonment for between one and six years and/or a $2000- $5000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. Your license will be revoked for three years.
5. You may be eligible to drive using the Restricted License for 10 hours a day for six days each week, with an Ignition Interlock Device, after one year of revocation.
6. Your vehicle registration may be suspended.
7. You may have to undergo a treatment program for at least three years.

ACTIONS AGAINST DUI/DWI FOR DRIVERS UNDER 21

1. Your license may be suspended or revoked, if you are convicted for "minor in possession/other alcohol offenses" (trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. The license may be suspended for 90 days after the first conviction (for BAC between 0.02 and 0.08) for someone under 18; suspended or revoked for second or subsequent conviction.
3. The court may order a minor's license to be suspended for 90 days for any controlled substance or alcohol -related offense (including possession and use) while driving; or a second offense of possessing or using alcohol by some one under 18; or for changing or lying on your driver license.
4. Under 18 and Under 21 year olds convicted for DUI will have to undergo assessment for drug and/or alcohol abuse.
5. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

ACTIONS AGAINST DUI/DWI FOR COMMERCIAL VEHICLE DRIVERS

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. You will be barred from driving a commercial vehicle for one year if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order valid for 24 hours by the arresting officer if any level of BAC under 0.04 is detected.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

Nevada laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

• He/she is aged 21 and above and is driving with BAC 0.08% or more.
• He/she is aged below 21 and is driving with BAC 0.02% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your Nevada driver license and issue a temporary seven-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the Department of Motor Vehicles.

The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous seven-year driving record. If he has any alcohol related convictions or suspensions for this seven-year period, his license will be revoked for one year, and if not, then it will be suspended for 90 days. You may be eligible to drive using the Restricted License if you meet the conditions. The suspension or revocation begins five days after the final order of the hearing officer is mailed from the Department of Motor Vehicles.

If the administrative hearing goes against the driver, he can ask for a review from the circuit court. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

LICENSE REINSTATEMENT AFTER DUI/DWI SUSPENSION/REVOCATION:

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Motor Vehicles, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

1. To complete the reinstatement requirements, you must prove that you have successfully completed the DUI school program or a comparable program, pay the reinstatement fee of $65, pay Victim's fee of $35.00 and maintain proof of financial responsibility for three years from the date of suspension/revocation by filing SR-22, if you are over 21 years old. SR-22 may also be required for those aged below 21.
2. If you are being convicted, the court may order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive at your cost.
3. You can submit the reinstatement application and fees in person at a Department of Motor Vehicles office near you. Write to the following address for details about your case:

DMV Driver License Review 
555 Wright Way

Carson City, NV 89711-0400    

ADDITIONAL INFORMATION

• DUI/DWI has been a major cause of death and injury in our nation and it is our duty to prevent such needless pain and suffering. Simply: If you drink, DON'T DRIVE! If we all follow this rule to the letter - thousands of lives will be saved each year.
• If you have been charged with a DUI/DWI get help from a DUI/DWI Lawyer.
• See also Suspended License, Point System and Traffic Ticket Lawyers.
• If BAC is 0.10 or more, your permit to drive or license may be revoked and you will be ineligible for a privilege, permit or license for 90 days.
• If you were accompanied by a child under 15 at the time of the offense, it will be considered by the court as an aggravating factor when your sentence is determined.
• You will have to pay a fine of $60 as chemical analysis cost for any chemical test conducted on you.
• It is against the law to have open containers of alcoholic beverages in passenger or driver areas of a vehicle which is in motion.