Nevada DUI Laws: FAQ

What happens after a DUI arrest in Nevada?

Motor Vehicle Hearing: To preserve your right to drive in Nevada, you must request a hearing within 7 days after your license has been taken from you by an officer or within the time set by Motor Vehicle in a revocation letter. A hearing must be initially scheduled within 90 days from the date of notification of revocation. If you had a valid license when stopped, you are qualified for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about 30 to 45 days after your request.

Crucial defenses can be developed at the hearing. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing. Obviously, it is best to make a hearing request.

Arraignment: This is the date on your ticket, about 30 to 90 days after your arrest. If you have an attorney, you do not have to appear. It is primarily for advisement of your rights. If you have an attorney, he will advise you. Pre­trial Conference: Your attorney will discuss your case with the District Attorney and negotiate the best possible plea bargain. It will happen after your arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.

Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. Your attorney will file motions to suppress. It occurs anywhere 6 weeks to 3 months after the pre­trial conference.

Trial: In the State of Nevada you are NOT entitled to a jury trial for misdemeanors. If you are charged with a felony DUI (3rd time DUI or DUI with death or substantial bodily harm), you ARE entitled to a jury of 12.

Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in­-home detention, public service, alcohol classes and fines.

What are the penalties for a Nevada DUI?

In Nevada there are two types of DUI penalties:
(1)   Administrative: which are imposed by the DMV and are completely separate from any action taken by the court &
(2)   Criminal: which are imposed by the court.

Administrative Penalties Include:

  • Driver’s license is revoked for 90 days,

  • May be required to file an SR-22, Proof of Financial Responsibility, and

  • Criminal penalties may be imposed.

Criminal DUI Penalties include:
First DUI offense:

  • Driver’s license revoked for 90 days (after half the revocation period has been completed a restricted license may be issued),

  • Jail sentence of 2 days to 6 months, or 96 hours of community service,

  • Fine of $400 to $1,000,

  • Payment of tuition for DUI school, (average cost is $150), and

  • May be ordered to attend an alcohol treatment program.

Second DUI offense within 7 years:

  • Driver’s license revoked for 1 year (not eligible for restricted license),

  • Jail sentence or residential confinement of 10 days to 6 months,

  • Fine of $750 to $1,000,

  • 100 to 200 hours of community service,

  • Possible vehicle registration suspension, and

  • May be ordered to attend a treatment program or be placed under clinical supervision of a treatment facility for treatment for up to one year.

Third or Subsequent DUI offense within 7 years:

  • Driver’s license revoked for 3 years (a restricted license may be issued; contact your local DMV office for more information),

  • Prison sentence of 1 to 6 years,

  • Fine of $2,000 to $5,000,

  • Possible vehicle registration suspension, and

  • May be ordered to attend a program of treatment for a minimum of 3 years.

DUI causing death or serious injury:

  • Driver’s license revoked for 3 years,

  • Prison sentence of 2 to 20 years, and

  • Fine of $2,000 to $5,000.

Additionally, if you have a Commercial Driver’s License, any detectable amount of alcohol can affect your driving privilege. More severe DUI penalties also apply, including lifetime disqualification from commercial driving.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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