Nevada · Handbook chapter 10 · 4 min read
Chapter 10: Driving under the influence
Nevada's DUI laws: the 0.08, 0.04 and 0.02 limits, marijuana limits, implied consent and refusal, the 185-day revocation, first and repeat DUI penalties, ignition interlocks, the open container law and signs of an impaired driver.
Why this chapter matters
Alcohol was a factor in more than 31 percent of Nevada's road deaths in 2016. Driving over the 0.08 limit can make a crash 5 to 30 times more likely. The test always includes DUI questions, and Nevada's numbers are worth knowing.
The limits
| Driver | Limit |
|---|---|
| 21 and older | 0.08 alcohol concentration |
| Commercial license holder | 0.04 |
| Under 21 | 0.02 |
| Controlled substances | Any detectable amount |
| Marijuana | More than 2 ng/ml of blood (5 ng/ml for the metabolite) |
You can be arrested and convicted below these levels if your driving is impaired. Legal marijuana is still illegal to drive on above the limit. Prescription and over-the-counter drugs can impair you too.
Implied consent
If an officer suspects DUI, you will be asked to take a blood, breath or urine test. Refusing means revocation and no license for one year for a first refusal, or three years if your license was revoked for refusal in the past seven years. An officer may order a blood sample even on a first offense.
Penalties
Nevada has two kinds of penalty: administrative (from the DMV, whatever the court decides) and criminal (from the court).
Administrative: a test at 0.08 or more (0.04 for commercial drivers), any detectable controlled substance, or 0.02 for a driver under 21 means a 185-day revocation. The officer can take your license on the spot, and you may ask for a DMV hearing.
| Offense | Main criminal penalties |
|---|---|
| First DUI | Revocation at least 185 days; 2 days to 6 months in jail or 48 to 96 hours of community service; fine $400 to $1,000; DUI school |
| Second within 7 years | Revocation one year; 10 days to 6 months jail or house arrest; fine $750 to $1,000; 100 to 200 hours community service |
| Third within 7 years | Revocation three years; prison 1 to 6 years; fine $2,000 to $5,000 |
| DUI causing death or serious injury | Revocation three years; prison 2 to 20 years; fine $2,000 to $5,000 |
A DUI offender may get driving privileges back right away with an ignition interlock restriction and device, at their own cost. Having passengers under 15 in the car is an aggravating factor at sentencing.
Young drivers
A driver under 18 found by juvenile court to have driven under the influence has the license suspended for 185 days. Drivers under 21 convicted of DUI must undergo an alcohol or drug evaluation, and the court may order treatment. A first-time DUI by a young driver brings the same penalties as for adults.
Open containers
It is illegal to have an opened alcoholic drink in the driver or passenger area of a moving vehicle. The rule does not cover the living quarters of motor homes or the passenger areas of buses, limousines and taxis.
Spotting an impaired driver
Warning signs include wide turns, straddling the center line, weaving or drifting, driving far too slowly, stopping for no reason, tailgating, jerky braking, slow reactions to signals, sudden speed changes and driving at night without headlights. Report a suspected drunk driver by dialing \*NHP (\*647).
Frequently asked questions
What is the legal limit for drivers under 21 in Nevada?
0.02. A test at that level brings a 185-day revocation.
What happens if I refuse a chemical test?
Your license is revoked for one year on a first refusal, or three years if you had a refusal revocation in the past seven years.
How long is the license revoked for a first DUI?
At least 185 days.
Can I get back on the road after a DUI revocation?
Possibly at once, with a license restricted to vehicles fitted with an ignition interlock device that you pay for.
Based on the Nevada Driver's Handbook (DMV 700, March 2024), Chapter 10: Driving Under the Influence.