Las Vegas DUI Laws

Posted on November 21, 2023

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. 

Blood Alcohol Concentration (BAC) Limits in Los Vegas

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. 

Zero Tolerance for Minors

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. 

Los Vegas Implied Consent Law

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.

Los Vegas Implied Consent Law

Nevada DUI Penalties

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:

First Offense

  • Fines ranging from $400 to $1,000.
  • Mandatory online DUI school.
  • Mandatory attendance to a Victim Impact Panel.
  • License suspension for 185 days.
  • Possible installation of an ignition interlock device.
  • Possible 2 days to 6 months in jail or 48 to 96 hours of community service.

Second Offense (within 7 years of the first)

  • Fines ranging from $750 to $1,000.
  • Mandatory online DUI school.
  • License suspension for 1 year.
  • Mandatory installation of an ignition interlock device for 12 to 36 months or 185 days if BAC was less than .18%.
  • 10 days to 6 months in jail.
  • Possible community service.
  • Possible substance abuse treatment.

Third Offense (within 7 years of the first)—Felony Charge

  • Fines ranging from $2,000 to $5,000.
  • Mandatory online DUI school.
  • License revocation for 3 years.
  • Mandatory installation of an ignition interlock device for 1 to 3 years.
  • Possible community service.
  • Possible substance abuse treatment.
  • Potential imprisonment ranging from 1 to 6 years.

Aggravating Circumstances

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 

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.

Speak To a Los Vegas Drunk Driving Accident Lawyer You Can Trust

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.