You can get convicted of DUI in Nevada even if your blood alcohol concentration (BAC) is lawful, which is below 0.08%. Prosecutors would instead have to prove beyond a reasonable doubt that you were impaired by alcohol or drugs while operating a motor vehicle.
In my experience, however, prosecutors are unlikely to press drunk driving charges if your BAC is below 0.08%. This is because it is hard to prove your impairment was due to alcohol rather than non-alcohol-related factors, such as:
- Fatigue,
- Distractions (such as texting), or
- A medical episode such as a seizure, nausea, or diabetic coma.1
What are signs of driving under the influence?
Ten common symptoms of alcohol or drug impairment that police look for in DUI cases include:
- Traffic violations, such as failing to maintain lanes, failing to signal, and erratic braking,
- Difficulty retrieving your driver’s license, registration, or proof of insurance,
- Bloodshot, watery, or glassy eyes,
- Flushed face,
- Slurred speech,
- The aroma of alcohol or marijuana,
- Open containers of alcohol or drugs in the vehicle,
- Verbal admissions to drinking or doing drugs,
- Lack of coordination and alertness,
- Failing the standardized field sobriety tests, which include the walk-and-turn, one-legged-stand, and horizontal gaze nystagmus (eye test).
However, as I mentioned earlier, many of these signs can be caused by things besides alcohol and drugs.2
Typical evidence prosecutors use to prove intoxication is footage from the police officers’ body cam and dash cam.
Will I still lose my license if my BAC was lawful?
If you get arrested for DUI in Nevada but then pass the evidentiary breath test at the police station, the DMV should not revoke your driving privileges at that time. However, if you then get convicted of DUI in your criminal case (which may be months later), the DMV will then revoke your license despite you having a BAC below 0.08%.
The length of a DUI license revocation depends on the charge:
| DUI Offense | Length of Nevada Driver’s License Revocation |
| 1st DUI in 7 years | 185 days, though you can usually continue driving with an ignition interlock device. |
| 2nd DUI in 7 years (including DUIs from other states) | 1 year, though you can usually continue driving with an ignition interlock device. |
| Felony DUI, which includes a 3rd DUI in 7 years, DUI with injury or death, DUI following a prior felony DUI, or vehicular homicide | 3 years, though you can usually continue driving with an ignition interlock device. |
Note that if you live out-of-state, your state’s DMV may revoke your license after learning of your Nevada DUI conviction. Contact an attorney in your state for more information about what to expect.3
What about driving drugged?
If police suspect you were driving under the influence of drugs in Nevada, you will be required to take an evidentiary blood test after the arrest. If the results show lawful amounts of drugs, you can still be convicted of DUI if prosecutors can prove beyond a reasonable doubt you were impaired by drugs.
Similar to drunk driving, however, drugged driving is very difficult to prove beyond a reasonable if your blood results are lawful. Simply being tired or ill mimic being “high” or “strung out.”4
Police often misconstrue fatigue as inebriation or being stoned.
What are the penalties for DUI?
The following table spells out the possible criminal sentences for Nevada DUI convictions no matter your BAC.5
| Nevada DUI Crime | Penalties |
| DUI 1st in 7 years) | Misdemeanor:
|
| DUI 2nd in 7 years (including DUIs from other states) | Misdemeanor:
|
| DUI 3rd in 7 years (including DUIs from other states) | Category B felony:
|
| DUI causing injury or death | Category B felony:
|
| DUI after felony DUI conviction | Category B felony:
|
Additional Reading About Nevada DUI Laws
For more information about Nevada DUI laws, see our related articles:
- DUI court process – A step-by-step guide of what to expect in your drunk driving criminal and DMV cases.
- Violating DUI probation – An examination of the consequences of breaking the terms of your probation, including going to jail.
- DUI checkpoints – A discussion of how Las Vegas police are now relying on “blitzes” rather than traditional checkpoints to catch drunk driving suspects.
- Boating under the influence – An overview of Nevada’s laws, penalties, and defenses for the crime of driving a watercraft while intoxicated.
- DUI and auto insurance – A discussion of how traffic violations can cause your insurance premiums to increase.
Legal References
- NRS 484C.110. Sheriff, Clark County v. Burcham (2008) 124 Nev. 1247. Cotter v. State (1987) 103 Nev. 303.
- See Intoxication, Cleveland Clinic.
- NRS 483.460.
- See note 1.
- NRS 484C.400. NRS 484C.430. NRS 484C.410. NRS 484C.130. NRS 484C.440.
