Nevada DUIs and DWIs
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Committing a DUI and DWI in Nevada is highly serious and generally results in the issuance of harsh penalties to motorists who fail to adhere to state motor vehicle laws. The severity of DUI consequences is due to the fact that consuming alcohol while operating significantly reduces the motorist’s ability to see clearly and decide on the best course of action while on the road, thus increasing the chances of car crashes. Per NV DUI laws, drivers can incur administrative penalties issued by the Department of Motor Vehicles (DMV) and criminal punishments administered by state courts as a result of high alcohol concentration or refusal to submit to a chemical testing, among other DUI misdemeanors. Find out what steps to complete after receiving a DUI ticket and how to handle charges in the below sections.
DUI Citations and Convictions in Nevada
Drivers suspected of driving under the influence in NV will be asked to submit to chemical testing to determine the level of blood alcohol concentration (BAC) in their system. Failure to comply with the Implied Consent law will result in an administrative revocation of the offender’s driver’s license. Harsh penalties will also follow if an illegal amount of alcohol is detected in the offender’s system at the time of testing.
Motorists may also be issued a DWI ticket, which requires drivers to settle their case in court. Severe punishments in the form of steep fines, jail sentences and mandatory participation in treatment programs will apply to licensees convicted of an offense.
Nevada Under the Influence Violations and Penalties
The gravity of NV DUI penalties issued for DUIs within the state generally depends on the severity of the committed offense and the motorist’s age, as well as the number of prior violations of this type on his or her driving record. For instance, aggravated DUI offenses resulting in the injury or fatality of another person will be punished with longer prison sentences and larger fines than violations committed for the first or second time with no victims.
Even more severe consequences will be imposed on underage drivers and operators of commercial motor vehicles, as they may lose their privilege to drive for any detectable amount of alcohol in their bloodstream. Minors committing an underage DUI in NV due to an illegal alcohol concentration, for example, may face a 90-day suspension and additional criminal penalties.
First DUI Offense
Motorists who fail to complete the process of beating a DUI in NV and are therefore convicted of a DUI for the first time will incur a 90-day license revocation, a jail sentence of up to six months or 96 hours of community work and a fine ranging between $400 and $1,000. The presiding court may also require motorists convicted of a Nevada first DUI offense due to high alcohol concentration to attend a treatment program, as well as enroll into DUI traffic school among other criteria.
Second DUI Offense
A second DUI violation committed within 7 years of a first offense will cause a license to be suspended for 1 year and required the offender to serve a jail sentence or residential confinement and pay a fine of up to $1,000. Other NV DUI consequences may include community service, vehicle registration suspension and participation in treatment programs.
Third and Subsequent DUI Offenses
Any subsequent DUI violation in NV within 7 years of another will result in even tougher punishments, including fines of up to $5,000, a 3-year driver’s license suspension, imprisonment, possible car registration suspension and participation in a treatment program. Contact a nearby DMV office in NV to check whether you are eligible for a restricted license.
Drinking and Driving in Nevada
Regardless of whether you are getting a DUI in Nevada for the first time or you are considered a repeat offender with several convictions on your driving transcript, strict charges will be brought against you if you fail to stay in accordance with driving laws in the state. Since driving under the influence of alcohol or other controlled substances is highly dangerous and often a cause of deadly car accidents, state agencies enforce strict laws and impose even tougher penalties to drivers who violate them in an attempt to reduce the number of vehicle crashes.
Nevada DUI Attorneys
If you have been charged with DUI in NV, consider hiring an experienced DUI defense attorney for the purposes of avoiding a conviction on your record or negotiating lesser punishments. Seeking help from a Nevada DUI defense attorney is necessary to understand the charges brought against you as well as the potential penalties, and decide on the best course of actions for your situation. Before engaging the services of an attorney, make sure to inspect the credentials of several candidates and choose the one that best fits your circumstances.
Nevada Open Container Laws
Licensees will also be in violation of NV drunk driving laws if they are caught operating a motor vehicle with open alcoholic beverages. Per the Open Container Law, motorists will be charged with DUI if they drive and have an open can, bottle or other containers of alcohol in the driver or passenger area unless it is a passenger area of commercial buses, taxis or limousines. Open containers of alcohol may be transported in a vehicle if the container is out of the driver or any passenger’s reach.
Reinstating a Suspended Drivers License in Nevada
DUI penalties in Nevada typically include a temporary withdrawal of the offender’s driving privileges or a license revocation for a specific period of time. Drivers issued a DUI suspended license may be able to restore their privilege to drive only after completing the steps imposed by the Department of Motor Vehicles and the presiding court.
To reinstate your license after an NV DUI drivers license suspension or revocation, you may first need to wait out a mandatory suspension period, arrange payment for the required fees and fines, complete a DUI traffic school program and file proof of financial responsibility with the DMV. In addition to this, the court handling your case may order you to install an ignition interlock device (IID) on your vehicle. Discover the exact requirements pertaining to your case by contacting a local NV DMV branch.
Nevada Alcohol Awareness Classes
First-time Nevada DUI and DWI offenders, as well as habitual violators of state driving laws, may be required to complete a specialized course in order to learn more about the negative influence of alcohol on their safe driving practices. When convicted of a DUI for the first time, for instance, motorists will need to arrange payment for DUI classes and may be ordered to enroll in a program of treatment. Completing a DUI course in NV or participation in a treatment program may also be imposed on motorists with several DUI violations on their driving history, generally for the purposes of reducing the risk of committing such offenses in the future.
Nevada SR-22 Insurance
Part of the administrative DUI penalties and license reinstatement terms in Nevada is submitting proof of financial responsibility, usually required in the form of SR-22 insurance. Drivers who are obliged to present NV DUI insurance as a condition of their restoration procedure must also remember to maintain it for a period of 3 years from the date of reinstatement. If licensees fail to maintain the required insurance after DUI, the DMV will suspend their privilege to drive and notify them by certified mail.
Nevada Laws That Pertain to DUI/DWI
Only motorists who adhere to the state impaired driving laws will be able to avoid DMV or court-imposed charges and penalties. Drivers are generally at risk of incurring serious drunk driving charges when a chemical test shows the following amounts of alcohol concentration in their system:
- .08 percent or more for adult drivers
- .04 percent or more for operators of a commercial vehicle
- .02 percent or higher for motorists younger than 21 years of age
Note: Motorists with a commercial license can also be punished with a lifetime disqualification from commercial driving for any amount of alcohol detected in their system.
Serious penalties will be imposed on motorists who violate the open container and implied consent laws. Per the Implied Consent law, for example, drivers who fail to submit to a DUI and DWI chemical testing will incur a 1-year license revocation for a first violation or a 3-year revocation for a second or subsequent offense committed within 7 years of another offense.
Hardship License in Nevada
Though motorists with a DUI suspended license in NV are prohibited from driving on state roads and highways during the suspension/revocation period, they may still be able to obtain a restricted license to operate a vehicle to and from certain locations only. To request a restricted license after a DWI conviction, however, motorists must first verify with a local Nevada DMV branch whether they are eligible for the process.
Under NV DUI laws, first and third-time offenders must wait 45 days to 1 year before applying for this credential. Note that drivers convicted of a second DUI are not allowed to obtain this license. Prior to initiating the procedure, motorists must also remember to complete any additional requirements, such as filling out an application form, submitting proof of an IID or an SR-22 form (if applicable).