Is a DUI a Criminal Offense in Nevada?

Driving under the influence, commonly known as DUI, is a serious offense in the state of Nevada. Many people mistakenly believe that a DUI is just a traffic ticket or a minor incident. However, under Nevada law, a DUI can lead to severe penalties, including fines, license suspension, community service, and even jail or prison time. These consequences depend on various factors such as blood alcohol content (BAC), prior convictions, and whether there was any harm, injury, or death involved.

In Las Vegas and across Nevada, a DUI is treated as a criminal offense, not a civil violation. That means the accused person becomes a defendant in a criminal case, subject to trial, possible felony charges, and long-term repercussions. Whether the DUI involves alcohol, drugs, or a combination of substances, the offenses carry profound implications, including a fine, sentence, and the potential suspension of the driver’s license. In addition, a court may issue an order imposing further penalty depending on the severity of the case. 

This post will explore Nevada’s DUI laws, legal process, penalties, and why hiring an experienced DUI attorney from Lipp Law LLC is critical in protecting your rights, driving privileges, and record.

Understanding DUI Laws in Nevada

Nevada defines DUI under NRS 484C, which prohibits operating a motor vehicle under the influence of alcohol, controlled substances, or any combination thereof. For purposes of the law, a DUI offense includes drunk driving within the city or elsewhere in the state. If a driver is found to have a BAC of 0.08% or higher, or if they’re found to be impaired by a drug, they can be charged with a DUI. Regardless of the condition of the driver at the time, they have the right to challenge the charge and present defenses on their behalf in court. 

There are two primary legal standards:

1. Per se DUI: Based on blood, breath, or urine test results showing a BAC at or above the legal limit.
2. Impairment DUI: Based on evidence such as erratic driving, sobriety tests, or officer observations showing impairment regardless of BAC.

Additionally, refusing a breath test or blood test can trigger automatic license revocation due to Nevada’s implied consent law. The DMV may also take independent action, apart from the court, to suspend a driver’s license. When police arrive at the site of the stop, they gather facts and ask questions to determine whether the individual was in control of the vehicle while impaired. Prosecutors can use this information to file charges, which may range from misdemeanors to felonies depending on the circumstances.

Criminal Classification: Misdemeanor or Felony?

A DUI in Nevada can be classified as a misdemeanor or a felony, depending on the specific case. A first or second offense within seven years is generally a misdemeanor, provided it doesn’t result in death, injury, or property harm. However, if the car involved was carrying a vulnerable member of the public or the driver was under the legal age, the prosecutor may push for harsher penalties. One common requirement, even for first-time offenders, is the installation of a breath interlock device, with a minimum usage period determined by the court. Penalties typically include:

• Jail time (2 days to 6 months)
• Fines ranging from $400 to $1,000
• Attendance at a victim impact panel
• Enrollment in a DUI school
• Possible community service
• License suspension for 185 days
• Possible ignition interlock device installation

A third offense, or a DUI that causes serious bodily injury or death, is classified as a category B felony, punishable by:

• 1 to 6 years in state prison
• Up to $5,000 in fines
• Mandatory license revocation
• Long-term probation
• Installation of an interlock device

A felony DUI conviction can lead to a criminal record that severely impacts employment, housing, and future opportunities. The court takes into account concentration of substances, prior charges, and whether the defendant has attended DUI school or completed any conditions set in previous cases. Felony DUI convictions carry harsher punishments than standard DUI convictions, often involving prison time and steep fines. It’s crucial for anyone facing charges to seek legal advice, as the place where the incident occurred and the details of prior DUI convictions can influence the outcome significantly. 

What Happens After a DUI Arrest?

After a DUI arrest, law enforcement initiates the criminal process and notifies the DMV. The defendant will typically be taken into custody, have their driver’s license confiscated, and be issued a temporary permit. A court hearing follows, where the defense attorney may contest the charges, negotiate a plea, or prepare for trial. In the case of a felony DUI charge, attorneys may argue the circumstances of the event, such as the refusal to take a breath test or the name of the drivers involved, which could influence the severity of the case. 

There are two tracks:

• Administrative (DMV): Determines whether to suspend the license
• Criminal (Court): Determines guilt, penalties, and possible imprisonment

In both cases, having a skilled DUI lawyer, such as Lipp Law LLC, is crucial. DUI charges can be dismissed or reduced if there are defenses—for example, improper sobriety tests, inaccurate breath test results, or lack of probable cause for the traffic stop. 

Consequences of a DUI Conviction in Nevada

Being convicted of a DUI in Nevada leads to far-reaching consequences of the courtroom. Here’s what you or someone you know may face:

• License suspension or revocation
• Costly fines, court costs, and DMV fees
• Required installation of an ignition interlock device
• Mandatory DUI school or substance abuse counseling
• Permanent criminal record
• Probation or imprisonment
• Community service requirements
• Increased insurance premiums
• Loss of job or inability to meet employment requirements

Additionally, if someone was injured or killed, the charges escalate dramatically. The victim or their family may also seek restitution or bring a civil case on top of the criminal offense.

Field Sobriety Tests and Proof of Impairment

Nevada law enforcement often relies on field sobriety tests to determine impairment. These include the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test. However, these are subjective, and officers may misinterpret results.

Other forms of proof include:

• Body cam evidence
• BAC test results
• Witness statements
• Dashcam footage
• Statements by the driver

Challenging this evidence requires experience in DUI defense. At Lipp Law LLC, our team reviews every aspect of your case to identify weak points in the prosecution’s argument.

DUI Involving Drugs or Prescription Medication

DUI isn’t limited to alcohol—you can be charged for driving under the influence of illegal drugs, prescription medication, or over-the-counter substances that impair your ability to drive safely.

The state uses blood tests to determine the concentration of these substances in your system. If they exceed the legal limit, or if your driving shows signs of impairment, you could face the same penalties as an alcohol-related DUI.

Felony DUI and Aggravating Circumstances

Some cases lead to felony DUI charges even if it’s your first offense. Aggravating factors include:

• Causing serious bodily injury or death
• Driving with a child passenger
• Having a prior felony DUI conviction
• Fleeing the scene
• Reckless driving at high speeds

In such cases, the judge may impose maximum sentences, especially if the defendant shows no remorse, or if the prosecution proves gross negligence.

Why You Need a DUI Attorney from Lipp Law LLC

Navigating the Nevada legal system without a knowledgeable attorney puts your freedom and future at risk. The DUI defense lawyers at Lipp Law LLC provide:

• In-depth knowledge of Nevada statute and DUI laws
• Personalized consultation and case assessment
• Thorough review of evidence, sobriety tests, and procedures
• Aggressive representation in court
• Assistance in securing alternative sentencing or dismissals

Our team understands the emotional, financial, and legal strain that comes with a DUI charge. We work with individuals from all walks of life—from professionals to young drivers—and offer a compassionate yet strategic legal defense.

Final Thoughts

A DUI in Nevada is a serious crime, whether it’s your first offense or you’re facing felony charges due to prior convictions or aggravating circumstances. It’s not something to take lightly, especially with the possibility of license suspension, jail or prison, and a lasting criminal record.

If you or a loved one is facing DUI charges in Clark County, Las Vegas, or elsewhere in Nevada, don’t wait. Contact Lipp Law LLC today for a consultation with a skilled defense attorney who will fight for your rights, examine all legal options, and work toward the best possible outcome.

Our firm handles a range of legal practice areas, and we are proud to serve as a trusted resource for DUI defense and more.

FAQs About DUI in Nevada

What happens if I refuse to take a field sobriety test in Nevada?

Refusing a field sobriety test won’t result in automatic penalties, but refusing a breath or blood test after arrest will trigger a license suspension under Nevada’s implied consent law. Police may also use your refusal as evidence of impairment in court.

Can I be charged with DUI if I’m taking prescription medication in Nevada?

Yes, even legally prescribed medications can lead to DUI charges if they impair your ability to drive safely. The court does not excuse impairment just because the substance was prescribed.

How long will my driver’s license be suspended for a DUI in Nevada?

For a first offense, the DMV typically suspends your license for 185 days. Repeat offenses result in longer suspensions or even permanent revocation.

What are the consequences of a DUI conviction for commercial drivers in Nevada?

A first DUI offense will result in a one-year CDL suspension, even if it happened in a personal vehicle. A second offense could permanently disqualify you from holding a commercial license.

What defenses can I use to contest a DUI charge in Nevada?

Common defenses include lack of probable cause, faulty field sobriety or chemical tests, or medical conditions that mimic impairment. An experienced DUI attorney can help uncover these issues to challenge the charges.

Can I get a restricted license if my driver’s license is suspended due to DUI?

Yes, you may be eligible for a restricted license that allows driving to work, school, or medical appointments. You’ll likely need to install an ignition interlock device during the restricted period.

How does a DUI conviction affect my employment opportunities in Nevada?

A DUI can negatively impact job prospects, especially for positions requiring driving or a clean criminal record. Employers may view a conviction as a liability or red flag.

What is the process for expunging a DUI conviction from my record in Nevada?

Nevada does not allow DUI convictions to be expunged, but you may petition to have the record sealed after a waiting period. Misdemeanor DUIs require a 7-year wait, while felonies take longer.

How do the penalties differ between a first-time DUI and a second offense in Nevada?

A second DUI offense within seven years results in harsher penalties, including higher fines, longer license suspension, and mandatory substance abuse treatment. Jail time also increases from a few days to possibly several months.

Can a DUI conviction be reduced to a lesser charge in Nevada, such as reckless driving?

Yes, a DUI may be reduced to reckless driving if the evidence is weak or if it’s your first offense. A skilled DUI attorney can negotiate with prosecutors for a plea deal to minimize the consequences.