Driving Under the Influence (DUI) is a serious offense with severe consequences, and Las Vegas has stringent laws in place to address and deter impaired driving.
If negligence, such as driving under the influence (DUI), contributed to your car accident injuries, a car accident lawyer in Las Vegas, Nevada can help investigate the cause, gather evidence, and fight for the compensation you deserve under Nevada’s strict DUI laws.
The legal blood alcohol concentration (BAC) limit for driving in Las Vegas is 0.08%. This means that if a driver’s BAC is measured at or above 0.08%, they are considered to be driving under the influence (DUI) and can face legal consequences.
Las Vegas has a “Zero Tolerance” policy for underage drinking and driving. In other words, individuals under the age of 21 are prohibited from operating a vehicle with any detectable amount of alcohol in their system. Underage individuals caught driving with even a small amount of alcohol in their system can face legal consequences, such as license suspension, fines, and mandatory participation in alcohol education programs.
Implied consent means that by obtaining a driver’s license and operating a vehicle on Las Vegas roads, individuals implicitly agree to submit to chemical tests (such as breath, blood, or urine tests) to determine the presence of alcohol or drugs if they are suspected of driving under the influence (DUI).
If a driver refuses to take a chemical test when requested by law enforcement, they may face administrative penalties separate from any criminal penalties for DUI. These administrative penalties often include an automatic driver’s license suspension.
The penalties for DUI offenses can vary based on factors such as the driver’s blood alcohol concentration (BAC), prior offenses, and whether there are aggravating circumstances. Here is an overview:
DUI offenses with aggravating factors, such as causing personal injury in Las Vegas, or death, can lead to enhanced penalties, such as 2 to 20 years in prison.
Civil damages typically refer to the financial compensation that a victim of a DUI-related incident may seek from the impaired driver responsible for the harm. Civil damages are separate from criminal penalties and are pursued through a civil lawsuit filed by the injured party to hold the intoxicated driver accountable for their medical bills, lost income, property damage, pain and suffering, etc.
In a civil DUI case, victims may recover compensation for both economic and non-economic losses, including:
In cases involving egregious conduct—such as extremely high BAC levels, repeat offenses, or reckless behavior—Nevada courts may also award punitive damages. This type of compensation is intended to punish the offender and deter similar conduct, and they can significantly increase the total award.
A civil claim can be pursued regardless of whether the driver is convicted in criminal court. The burden of proof is lower in these cases, making it possible for victims to hold the driver accountable.
Driving under the influence in Las Vegas does not apply solely to alcohol. Nevada law also prohibits operating a vehicle while impaired by illegal drugs, marijuana, or prescription medications. Even if a substance is legally prescribed or obtained, a driver can still face DUI charges if their ability to operate a vehicle is impaired.
For example, medications such as opioids, muscle relaxants, anti-anxiety drugs, or sleep aids can all slow reaction time or impair judgment. Nevada also has per se limits for certain drugs. If chemical testing reveals concentrations of illegal drugs above these limits, the state can proceed with a DUI charge—even without proof of observable impairment.
Marijuana presents additional challenges. Although recreational use is legal for adults in Nevada, driving while high remains illegal. Law enforcement can charge a driver if THC levels in their blood exceed state thresholds or if officers observe signs of impairment.
Nevada enforces stricter DUI laws for certain classes of drivers, including commercial drivers. For commercial driver’s license (CDL) holders, the legal BAC limit is 0.04%—half the limit for regular drivers. A single DUI offense, even in a personal vehicle, can lead to the suspension or permanent loss of commercial driving privileges. This can be devastating for individuals who rely on their CDL for employment.
A DUI conviction in Las Vegas can result in more than just criminal penalties. One of the most damaging long-term effects is the impact on your auto insurance and driving record. After a DUI conviction, drivers are typically required to file an SR-22 certificate—a form that proves you carry high-risk insurance coverage. This filing must usually be maintained for three years and often results in significantly higher premiums, cancellation of existing policies, or difficulty obtaining affordable coverage.
In addition, DUI offenses stay on a driver’s DMV record for seven years and carry license demerit points. Accumulating too many points can lead to further license suspension and additional court-ordered education or treatment.
If you or a loved one has been injured by a drunk driver or you yourself are facing drunk driving charges, contact a Las Vegas Drunk Driving Accident Attorney. They may offer a free consultation on your case and provide legal guidance moving forward.