Driving under the influence (DUI) is never a decision to take lightly, and in Nevada, the consequences for doing so can be life-changing. Whether you made a mistake, misjudged your limit, or found yourself in trouble because of someone else, it’s important to understand what a DUI conviction could mean. The state takes impaired driving seriously—and the penalties reflect that.
If you’re dealing with the aftermath of an accident involving a DUI or you’ve been injured by someone driving under the influence, here’s a clear, no-nonsense breakdown of the penalties and how they can impact your life.
How Nevada Defines DUI
Before exploring the penalties, it’s key to understand when a DUI charge applies.
Nevada law states that a driver is considered under the influence if their blood alcohol concentration (BAC) is at or above 0.08% for most drivers, 0.04% for commercial drivers, or any detectable amount if you’re under 21 years of age. Importantly, you can still be charged even if your BAC is lower than the legal limit if your ability to drive safely is impaired by alcohol or drugs.
The strict standards exist for one primary reason—safety. Impaired driving leads to serious accidents, and Nevada punishes offenders to discourage this behavior.
First-Time DUI Penalties
If it’s your first offense and no one was hurt, the penalties might seem more manageable than expected. But don’t be fooled—they're still significant and could impact your life for months.
- Fines and Fees: You’ll face fines ranging between $400 and $1,000, plus additional court and administrative fees.
- Jail Time: A first-time DUI carries a jail sentence of 2 days up to 6 months, or in some cases, you may be required to complete community service instead.
- License Suspension: Your driver’s license will be suspended for 185 days. You might be eligible for a restricted driving license to work or school, but you’ll have to install an ignition interlock device (IID) in your car.
- Mandatory Education: You’ll need to complete a DUI education course and may also be referred for a substance abuse evaluation.
Example Scenario
Imagine you’re pulled over after having a drink at a party, and your BAC is just over 0.08%. Even though there was no accident and you thought you were fine to drive, you could face the penalties above. Now add the impact of legal fees, higher insurance costs, and missed time from work or school—and it’s easy to see how the costs can quickly pile up.
Second DUI Offense
If you’re caught a second time within seven years of your first DUI, the penalties get harsher. The state views repeat offenses as a significant risk to public safety.
- Fines and Fees: Expect fines ranging between $750 and $1,000, plus additional court costs.
- Jail Time: You’ll be sentenced to a minimum of 10 days and up to 6 months in jail. Some cases allow alternative sentencing, like house arrest, but the judge decides.
- License Suspension: Your license will be suspended for one year, with similar rules about restricted licenses and IID installations.
- Mandatory Program: A second offense often requires attending a substance abuse treatment program approved by the state.
The Impact on Your Life
Missing work while serving jail time or attending mandatory treatment classes can cause financial strain. It could also damage relationships with family or employers.
Third DUI Offense and Beyond
If you’re facing a third DUI within seven years, the offense is classified as a felony, with penalties that could impact you for years or even a lifetime.
- Fines: Fines climb from $2,000 to $5,000.
- Prison Time: You could serve 1 to 6 years in state prison.
- License Suspension: A third offense leads to a minimum three-year suspension of your license.
- Other Consequences: A felony conviction stays on your record and can affect employment, housing, and more. Additionally, fines, treatment costs, ignition interlock fees, and insurance rate increases can add up to tens of thousands of dollars.
DUI with Injuries or Death
The stakes are even higher if a DUI leads to injuries or fatalities. These cases are treated as felonies, regardless of whether it’s your first offense. Penalties could include years in prison, restitution payments to the victims, and a lifelong criminal record.
For example, a DUI accident causing substantial bodily harm or death carries a minimum of 2 years and up to 20 years in prison, plus fines of $2,000 to $5,000.
If you were injured in an accident caused by a drunk driver, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. These are complex cases; you’ll need legal support to prove fault and seek damages.
Why This Matters for Accident Victims
If you’ve been injured in an accident caused by someone driving under the influence, understanding Nevada’s DUI laws can help you hold the responsible party accountable. These cases may involve criminal charges against the driver, but you also have the right to pursue a separate civil claim for your injuries.
An experienced personal injury attorney can help you gather evidence (such as police reports, BAC test results, and witness statements), determine the financial impact of your injuries, and fight for the compensation you deserve.
Reno DUI Attorney
If you or a loved one is facing a DUI charge in Reno, NV, it's crucial to seek experienced legal representation to navigate the complexities of the legal system. At Viloria, Oliphant, Oster & Aman L.L.P., our skilled attorneys are dedicated to providing personalized and effective legal solutions for those facing DUI charges. We understand the challenges and consequences associated with DUI convictions and are committed to helping our clients achieve the best possible outcome. Contact us today at (775) 227-2280 to schedule a consultation and learn more about how we can assist you in your legal journey. Let us help you protect your rights and work towards a brighter future.