Nevada Revised Statutes (NRS) in DUI cases

The Nevada laws for driving under the influence of alcohol or under the influence of a controlled substance are found in the Nevada Revised Statutes (NRS) Chapters 483 and 484C. Below are the most important NRS DUI laws in numerical order.

NRS 483.460 – License revocation for DUI

The only way DUI defendants can avoid a driver’s license revocation is by winning both the criminal trial and the DMV administrative hearing. Otherwise, a first-time DUI carries a 185-day revocation. A second-time DUI in seven years carries a one-year revocation. And a third-time DUI in seven years carries a three-year revocation. But it may be possible to continue driving with an ignition interlock device.

NRS 483.461 – License revocation for underage DUI

The Nevada DMV (Department of Motor Vehicles) imposes a 90-day driver’s license suspension for drivers under-21 with a blood alcohol content (BAC) of 0.02% to less than 0.08%. Learn more about underage DUI.

NRS 483.525 – Proof of financial responsibility

DUI defendants must maintain SR22 insurance for three years after getting their driver’s license reinstatement.

NRS 484C.110 – DUI definition

Driving under the influence comprises being in actual physical control of a vehicle 1) while impaired by alcohol (drunk driving), 2) while impaired by drugs (drugged driving), 3) with a BAC of 0.08% or higher, or 4) with illegal nanogram levels of drugs in the blood.

NRS 484C.120 – Commercial DUI definition

Commercial DUI occurs when a commercial driver operates a motor vehicle with a BAC of 0.04% or higher. It does not matter if there is no impairment.

NRS 484C.130 – Vehicular homicide definition

Vehicular homicide occurs when a driver commits DUI causing death, and the driver has three or more prior DUI convictions.

NRS 484C.150 – Preliminary breath test

DUI suspects are required to submit to a roadside breathalyzer test. People who refuse get their driver’s license seized immediately.

NRS 484C.160 – Evidentiary tests

DUI arrestees are required to submit to a breath test, blood test, or urine test. And drugged driving arrestees are required to take blood tests. If people refuse to take the required chemical test, the police officer can get a warrant for a forced blood sample draw.

NRS 484C.210 – Refusing a chemical test

DUI arrestees who refuse to submit to a breath or blood test face a one-year license revocation. If they refused a chemical test in the previous seven years, then the revocation period for refusing again is three years.

NRS 484C.220 – Seizure of driver’s license

When DUI arrestees fail their evidentiary breath test, law enforcement will immediately seize their license and provide them with a temporary one good for seven days. DUI arrestees who take a blood test get to keep their license until the DMV mails them 1) a notice of revocation indicating that they failed their blood test and 2) a temporary license good for seven days.

NRS 484C.230 – DMV hearing

DUI defendants may contest their license revocation at a DMV hearing, which is like a mini-trial. Defendants have only seven days after the notice of revocation to request a hearing. If they lose the hearing, their license will be revoked – even if they win the criminal case.

NRS 484C.240 – Admissibility of chemical test refusals

Refusing to submit to an evidentiary breath or blood test can come in as evidence in the DUI criminal case and DMV case.

NRS 484C.320 – Misdemeanor DUI Court for first-time offenders

First-time DUI defendants suffering from addiction may be able to avoid jail through an intensive misdemeanor DUI court rehabilitation program.

NRS 484C.330 – Misdemeanor DUI Court for second-time offenders

Second offense DUI defendants suffering from addiction may be sentenced to only five days in jail through an intensive misdemeanor DUI court program.

NRS 484C.340 – Felony DUI Court for third-time offenders

Third offense DUI defendants suffering from addiction may be able to avoid Nevada State Prison through an intensive felony DUI court rehabilitation program. This usually requires six months of residential confinement.

NRS 484C.350 – Mandatory evaluations

Misdemeanor DUI defendants with a blood concentration of alcohol of 0.18% or higher are required to submit to a substance abuse evaluation. Underage DUI defendants are also required to submit to an evaluation.

NRS 484C.400 – DUI penalties

First-offense DUIs are misdemeanors that carry up to six months in jail, up to $1,000 in fines, DUI School, and a Victim Impact Panel. A second-DUI within seven years is also a misdemeanor and carries at least 10 days of jail. A third-DUI within seven years is a category B felony, punishable by one to six years in prison and $2,000 to $5,000 in fines.

Note that defendants who cannot afford fines may be able to do community service instead.

NRS 484C.410 – DUIs after a felony DUI

Any DUI following a prior felony DUI conviction is a category B felony carrying two to 15 years in prison and $2,000 to $5,000 in fines.

NRS 484C.420 – DUI dismissals or reductions

Prosecutors may not reduce or dismiss DUI charges unless there is no probable cause to support the charge or there is insufficient evidence to prove guilt at trial. Therefore, defense attorneys try to convince the D.A. that its case is too weak to sustain a conviction.

NRS 484C.430 – DUI with injury or death

DUI causing substantial bodily harm or death is a category B felony carrying two to 20 years in prison and $2,000 to $5,000 in fines. Learn more about DUI with injury or death.

NRS 484C.440 – Vehicular homicide penalties

Vehicular homicide is as a category A felony carrying 25 years in prison or life in prison.

NRS 484C.460 – Ignition interlock devices

Getting an ignition interlock device is a condition for reinstating driving privileges following a DUI.

See our related articles on field sobriety tests, DUI of methamphetamine, DUI of marijuana or marijuana metabolite, DUI of drugs and prohibited substances (including cocaine metabolites and amphetamine).