Under Nevada DUI law, the BAC limit is .08% for regular adult drivers, .04% for commercial drivers, and .02% for drivers under 21. That said, you can still be charged with DUI even below these limits if there is evidence that you are under the influence of alcohol and/or drugs.
If you are arrested for DUI, you can elect to take a breath test or a blood test to measure your BAC. If you refuse both, the officer can get a warrant to forcibly administer a blood test.
In this article, our Las Vegas DUI attorneys answer frequently asked questions about BAC:
- 1. What is the Nevada alcohol limit in DUI cases?
- 2. How is blood alcohol content measured?
- 3. How accurate are DUI blood and breath tests?
- 4. How long does it take to get test results after a DUI arrest?
- 5. Does the Nevada DUI limit of .08% necessarily mean I am intoxicated?
- 6. Does having a BAC below .08% mean that I am not guilty of DUI?
- 7. If I am arrested for DUI, should I take the breath test or blood test?
- 8. What if I am under the influence of drugs instead of alcohol?
- 9. Can I refuse to take a test if I get stopped for DUI?
- 10. Does a higher BAC mean harsher penalties?
1. What is the Nevada alcohol limit in DUI cases?
| Drivers in Nevada | Legal BAC threshold* |
| Non-commercial drivers age 21 and older | Under .08% |
| Commercial drivers (including Uber & Lyft) | Under .04% |
| Drivers under 21 years old | Under .02% |
| *Driving while impaired by alcohol is illegal even if your BAC is within legal limits.1 | |
BAC stands for blood alcohol content. This also goes by
- “blood alcohol concentration” or
- “blood alcohol level.”
In short, BAC is the quantity of alcohol in your blood. Therefore, your level increases the more alcohol you drink.
Specifically, a BAC is the number of grams of alcohol per 100 milliliters of blood or 210 liters of breath. These are expressed as a percentage.
Having a BAC of .08% while driving – or within two hours after driving – is illegal in Nevada.
2. How is blood alcohol content measured?
Following a Nevada DUI arrest, you are required to submit to a blood test or breath test to measure your BAC. You can choose which test to take.
Blood tests are the most reliable method for determining BAC because they involve actually testing your blood itself. In Nevada, it takes several weeks to get the test results.
Breath tests are the most convenient method of measuring BAC because they are quick and non-invasive. You simply breathe into a small machine called a breathalyzer that analyzes your alveolar (deep lung) air, and results are immediate.2
3. How accurate are DUI blood and breath tests?
It depends on the situation, but there are many reasons why BAC results may be plain wrong in Nevada DUI cases:
Even such factors as the phlebotomist having an expired license can cast doubt on the accuracy of blood test results in Nevada DUI cases.
Example: Ben chooses to take a blood test after getting arrested for DUI in Las Vegas. The BAC result is .15%. While Ben’s defense attorney is investigating the case, he discovers that the phlebotomist who took the blood let his license lapse a year ago. He informs the Clark County District Attorney, who then agrees to reduce the DUI charge to reckless driving.
In the above example, it is likely that the BAC was in fact .15% despite the tester’s lapsed license. Then if the case went to trial, it is possible that Ben could still be found guilty of driving while inebriated based on other evidence.
However, the defense attorney was able to use the phlebotomist’s mistake to Ben’s advantage; he negotiated a favorable solution that resulted in lessened charges without the uncertainty, time, and expense of going to trial.
Note that it may be possible to get blood draws independently tested in Nevada DUI cases.
Blood tests render more accurate BAC results than breath tests in DUI cases.
4. How long does it take to get test results after a DUI arrest?
Breath test results are available immediately. Blood test results often take weeks to come back.
5. Does the Nevada DUI limit of .08% necessarily mean I am intoxicated?
No. Many drivers hold their alcohol well and can still drive safely even with high blood alcohol levels. However, DUI law makes it a crime to drive with a BAC of .08% or higher even if you are not impaired by alcohol.3
Note that blood alcohol level is influenced by such variables as:
- weight,
- gender,
- whether you have eaten or have an empty stomach,
- if you are dehydrated,
- whether you are ill or on certain medications,
- how long you were drinking, and
- the type of alcohol consumed
Consequently, different people who drink the same amount of alcohol may show two totally different results. Furthermore, some “drinks” contain high alcohol levels and therefore get you drunker quicker:
| Type of Drink | Alcohol Content |
| Wine | 12% to 20% |
| Liquor (80 proof) | 40% |
| Beer | 4.5% to 7.5% |
In general, drivers with a BAC of .05% begin to display impaired vision, judgment, and coordination that may manifest as abrupt lane corrections, swerving, and compromised control over the vehicle.
Anytime you suspect you may have had too much to drink, you are encouraged to rely on a designated driver or public transportation: You can always retrieve your car the next day. Plus in a city like Las Vegas or Reno, you can always get a room to sleep it off.
Just be sure not to sleep in your car if you are intoxicated: That could subject you to a sleeping DUI.
Even burping prior to a breath test can cause inaccurate BAC results in Nevada DUI cases.
6. Does having a BAC below .08% mean that I am not guilty of DUI?
No. Driving under the influence of alcohol is always a crime no matter what your blood alcohol content is. So you may be convicted of DUI for driving while impaired by alcohol even if your level is lower than .08%. These cases often involve people who are not used to drinking or who have a very slight physical frame.
Example: Addalee is driving home from a charity luncheon at the Venetian, where she had a glass of champagne. Addalee never drinks and weighs only 100 pounds, so she gets intoxicated quicker than her friends. A Las Vegas Metropolitan Police Department cop notices her car failing to maintain a lane and pulls her over. After Addalee fails the field sobriety tests, the cop arrests her and books her at the Clark County Detention Center. There the cop administers a breath test, which returns a BAC of only .06%.
In the above example, Addalee can still be convicted of DUI in Nevada because the champagne compromised her ability to drive safely. Her BAC is irrelevant.4
7. If I am arrested for DUI, should I take the breath test or blood test?
Each test has its pros and cons…
| DUI Breath Tests | DUI Blood Tests | |
| Comfort level | Painless and non-invasive | Painful and invasive |
| Speed of test | A few seconds | Several minutes |
| Speed of results | Immediate | Several weeks |
| Accuracy | Not as accurate as blood | Mostly accurate |
| Independent retesting | No | Yes |
Another difference is that when you take a breath test, the police officer will immediately confiscate your driver’s license. Though if you take a blood test, you may continue driving until the blood results come back positive for DUI.
Note that when you get your license suspended, you are given a temporary seven (7) day license and the opportunity to contest the suspension at a Nevada DMV hearing. Also note that the length of your driver’s license suspension depends on your prior DUI history:
| Nevada DUI offense | License suspension |
| First-time DUI | 185 days (though it may be possible to continue driving with an ignition interlock device) |
| Second-time DUI | 1 year |
| Third-time DUI | 3 years |
Learn more about DUI penalties.5
8. What if I am under the influence of drugs instead of alcohol?
When an officer suspects that you are driving under the influence of a controlled substance like marijuana or other drugs, you are obligated to submit to a blood test. If you refuse, the officer can get a warrant to take the blood test by force.
9. Can I refuse to take a test if I get stopped for DUI?
If you refuse to submit to a breath or blood test, the police officer can ask a judge for a warrant to force you to submit to a blood test.
The Nevada DMV will also revoke your license for at least one (1) year. Note this revocation is extended to three (3) years if you already had your license revoked due to refusing an evidentiary test in the last seven (7) years.
Finally, the prosecutor can also use the refusal as evidence against you if the DUI case goes to trial.
BAC numbers measure only alcohol, not drugs.
10. Does a higher BAC mean harsher penalties?
Getting a DUI with a BAC of .18% or higher will trigger the following additional penalties for a first-time DUI:
- an alcohol/drug dependency evaluation,
- rehab, and
- driving with an ignition interlock device (IID) for one-to-three years.
Otherwise, DUI penalties increase with each successive conviction, not by BAC level:
Nevada DUI Offense | Nevada DUI Penalties |
| DUI 1st (in 7 years) | Misdemeanor:
The criminal record can be sealed 7 years after the conviction. |
| DUI 2nd (in 7 years) | Misdemeanor:
The criminal record can be sealed 7 years after the conviction. |
| DUI 3rd (in 7 years) | Category B felony:
The criminal record cannot ever be sealed. |
| DUI causing injury or death – NRS 484C.430 | Category B felony:
The criminal record cannot ever be sealed. |
Legal References:
- NRS 484C.010. See also Wright v. State DMV (2005) 121 Nev. 122; State v. Hiatt (1996) .
- Id.
- Id.
- See Sereika v. State, (1998) 114 Nev. 142.
- NRS 484C.210.