Nevada DUI Defense Guide — Charges & Options
DUI basics, court steps, and what happens next
A DUI arrest triggers two separate proceedings that run at the same time. The criminal case decides guilt, penalties, and your record. The administrative case decides whether your license is suspended — often on a much shorter deadline. Missing a step in one track can limit your options in the other, which is why understanding both paths from the start matters.
The two tracks: criminal and administrative
Track 1: Criminal prosecution
The criminal case is a court proceeding where the state must prove DUI beyond a reasonable doubt. Nevada's per se BAC limit is 0.08 §484C.110, but you can also be charged based on impairment regardless of BAC. A first offense is classified as a misdemeanor.
Track 2: Administrative license action
The administrative action is handled separately from the criminal case §484C.220; §484C.210. It can result in license suspension even if the criminal case is eventually dismissed. You have to request a hearing to contest the suspension.
What triggers enhanced penalties
- BAC ≥ 0.18 (mandatory treatment)
- Child under 15 in vehicle
- DUI causing substantial bodily harm or death (Category B felony, 2-20 years prison — NRS 484C.430)
- Work zone or pedestrian safety zone
Implied consent and chemical testing §484C.160; §484C.210
Nevada has an Implied consent law: by driving on Nevada roads, you have implicitly consented to chemical testing when lawfully arrested for DUI. Refusing the test carries its own consequences: 1-year license revocation for failing to submit to an evidentiary test requested by a police officer (§484C.210); 3 years if the person's license, permit or privilege to drive has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test. Reasonable force to obtain a test is authorized only in certain circumstances (§484C.160).. In Nevada, refusal to submit to chemical testing is admissible as evidence at trial §484C.160; §484C.210.
BAC thresholds that matter
| Category | BAC Limit | Consequence | |
|---|---|---|---|
| Standard per se | 0.08 §484C.110 | DUI charge without other evidence of impairment | |
| Enhanced penalty | 0.18 (triggers mandatory treatment program) | Higher minimum penalties and longer license suspension | |
| Under 21 | 0.02 | Zero tolerance violation | |
| Commercial (CDL) | 0.04 §49 C.F.R. § 383.51 | CDL disqualification |
Why timing matters most
DUI cases are unusually time-sensitive. The administrative hearing deadline begins running from the date of arrest or notice — not from the first court date. Evidence (dashcam footage, witness recollections, calibration records) can deteriorate. Early attorney involvement can preserve options that disappear with delay.
Ready to Talk to a Lawyer?
Submit a short intake form and a participating Nevada attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Per se limit: BAC of 0.08 or higher
- Commercial vehicle limit: 0.04 (set by separate statute in some states)
- Under 21: 0.02 (zero tolerance; set by separate statute in some states)
- Refusal consequence: 1-year license revocation for failing to submit to an evidentiary test requested by a police officer ([§ 484C.210]); 3 years if the person's license, permit or privilege to drive has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test. Reasonable force to obtain a test is authorized only in certain circumstances ([§ 484C.160]).
- Refusal admissible at trial: yes
- Hearing deadline:
- First offense suspension: 185 days (approximately 6 months)