Nevada DUI Laws: Penalties, BAC Limit & License (2026)

In Nevada the offense is called driving under the influence (DUI), and NRS 484C.110 makes it unlawful to drive with a blood or breath alcohol concentration (BAC) of 0.08 percent or more. A first DUI is a misdemeanor punishable by 2 days to 6 months in jail or community service, a $400 to $1,000 fine under NRS 484C.400, and a 185-day license revocation under NRS 483.460.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Nevada

Nevada's core DUI statute, NRS 484C.110, makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of alcohol or a prohibited substance, or with a BAC of 0.08 percent or more. Because impairment is its own basis for the charge, a driver under 0.08 can still be convicted if alcohol or drugs impaired the ability to drive. Commercial drivers are held to a 0.04 percent limit, and drivers under 21 fall under a 0.02 percent zero-tolerance rule. The statute also sets per se limits for prohibited drugs. Subsection 3 of NRS 484C.110 lists amphetamine, cocaine, heroin, LSD, methamphetamine, and phencyclidine, and those limits apply to an ordinary misdemeanor DUI. The marijuana (delta-9-THC) limits sit in subsection 4, which applies only to felony-level DUI charges, so a misdemeanor marijuana DUI has to be proved by impairment rather than by a per se number. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration describes. A BAC of 0.16 percent or more does not create a separate offense name, but under NRS 484C.400(1)(a)(4) it requires the court to order a treatment program under NRS 484C.360 on a first offense.

First-offense DUI penalties in Nevada (jail, fines, suspension)

A first DUI within 7 years is a misdemeanor. According to NRS 484C.400, the court must sentence the person to between 2 days and 6 months in jail, or to 48 to 96 hours of community service, and impose a fine of $400 to $1,000. The driver must also attend a DUI education program and, if the BAC was 0.16 percent or more, a treatment program under NRS 484C.360. Courts often allow the jail time to be served through alternatives for a first offense, but the financial cost climbs once court costs and program fees are added. Separately, the Department of Motor Vehicles revokes the license for 185 days on a first offense under NRS 483.460, and the driver can keep driving by installing an ignition interlock device and meeting the reinstatement conditions.

Watch out: The DMV's license revocation runs on a separate track from the criminal case. You generally have only 7 days from a failed test to request a DMV hearing, and you can lose your license through the DMV even if the criminal DUI charge is later reduced or dismissed.

Ignition interlock requirements in Nevada

Nevada is one of the strictest states on ignition interlock devices because the device is mandatory even on a first offense. Under NRS 484C.460, a court that convicts a person of a first DUI must order an ignition interlock device for 185 days, for 1 year on a second violation within 7 years, and for 3 years on a felony-level DUI. The statute sets no longer term based on BAC, so older material describing a 12 to 36 month device for a high-BAC first offense is out of date. The interlock also lets a driver get back on the road quickly: installing the device is the standard route to a restricted driving privilege during the revocation. Limited exceptions exist, such as for a person who cannot provide a deep-lung breath sample or who lives more than 100 miles from an interlock provider. The device requires a clean breath sample before the engine starts and at random points during a trip.

License revocation and the administrative process in Nevada

Nevada runs an administrative license revocation through the DMV that is separate from the criminal DUI case. For a first offense, the revocation is 185 days under NRS 483.460, and the failed-test revocation in NRS 484C.210 runs for the same 185 days. The driver may obtain an ignition interlock privilege by installing an ignition interlock device, as NRS 484C.460 provides. The arresting officer takes the license and issues a 7-day temporary permit, and the driver has those 7 days to request a DMV hearing to contest the revocation. To reinstate, a driver generally pays a reinstatement fee and a chemical analysis fee, files proof of financial responsibility (an SR-22) maintained for 3 years, completes the DUI program, and keeps the interlock for the required period. A refusal carries a longer one-year revocation handled through the same administrative process.

Repeat offenses and the Nevada look-back period

Nevada counts prior DUIs within a 7-year look-back window, and convictions from other states count too. A second DUI within 7 years is a misdemeanor with a mandatory 20 days to 6 months in jail or residential confinement, a $750 to $1,000 fine, and a 1-year revocation under NRS 484C.400. The felony threshold sits at the third offense: a third DUI within 7 years is a Category B felony punishable by 1 to 6 years in state prison, a $2,000 to $5,000 fine, and a 3-year license revocation. A DUI causing death or substantial bodily harm is a felony regardless of offense number, and a driver with a prior felony DUI who reoffends faces a Category B felony as well. Because the 7-year clock resets the felony exposure, the timing of prior convictions matters a great deal.

Watch out: Refusing the breath or blood test does not protect your license. A refusal brings a one-year revocation, and under NRS 484C.160 an officer may apply for a warrant or court order directing that reasonable force be used to draw blood, so refusing rarely avoids testing.

Refusing a breath or blood test in Nevada

Nevada's implied consent law means that by driving in the state, you have agreed to submit to an evidentiary chemical test if there are reasonable grounds to believe you were driving under the influence. If a driver fails the test, the DMV revokes the license for 185 days on a first offense under NRS 484C.210. If a driver refuses, the revocation runs one year, and under NRS 484C.160 an officer who has reasonable grounds may apply for a warrant or court order directing that reasonable force be used to obtain a blood sample. The refusal can also be used as evidence in the criminal case. Because refusing brings a longer revocation and usually does not prevent a sample from being collected, it generally makes the outcome worse rather than better.

Can you expunge or seal a DUI in Nevada

Nevada does not use the term expungement; the equivalent relief is record sealing under NRS 179.245. A misdemeanor DUI conviction can be sealed 7 years after the case closes, measured from release from custody or the end of the sentence, whichever is later. Felony DUI convictions, such as a third offense within 7 years punishable under NRS 484C.400(1)(c), can never be sealed, and a DUI causing substantial bodily harm or death under NRS 484C.430 is barred outright under NRS 179.245(6)(e), with a DUI homicide barred under NRS 179.245(6)(f). A DUI that was dismissed or that ended in an acquittal can generally be sealed without the waiting period. Sealing removes the record from most public background checks, though law enforcement and the DMV may still access it, and a sealed DUI can still count as a prior within the 7-year window. Many people consult a Nevada attorney to confirm eligibility before filing.

What to do after a DUI arrest in Nevada

A Nevada DUI creates two separate matters: a criminal case in court and an administrative license case at the DMV. The DMV deadline is short, so a common first step is to request a DMV hearing within 7 days of the failed test if you want to contest the revocation. The criminal case proceeds on its own schedule from arraignment through pretrial and resolution. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Nevada DUI attorney to understand the charge, the DMV deadline, and the options for both the criminal case and the license case. Keep the arrest paperwork, the temporary permit, and any test results in a safe place.

More Nevada Laws

• Nevada Expungement Laws
• Nevada Warrant Search