Interactive Tool · NRS Chapter 484C

Nevada DUI Penalty Calculator

Q: When does a Nevada DUI become a felony?

A Nevada DUI is a felony in three situations: the third DUI within seven years; any DUI after a prior felony DUI conviction, regardless of how long ago; or any DUI that causes substantial bodily harm or death. All three are category B felonies.

Q: What is Nevada's 7-year DUI lookback period?

Nevada uses a seven-year washout period for penalty enhancement under NRS 484C.400. Only DUI convictions within the prior seven years count when determining whether a current DUI is a first, second, or third offense. The seven years runs from offense date to offense date.

Estimate the statutory range of penalties for a DUI charge in Nevada, drawn directly from the Nevada Revised Statutes. Enter the circumstances of the offense to see classification, jail or prison ranges, fines, license suspension, and ignition interlock requirements.

Important This calculator returns the statutory range only. Actual sentences depend on the prosecutor, the judge, plea negotiations, prior record, and dozens of facts no calculator can know. This is not legal advice. If you are facing a DUI charge in Nevada, consult a licensed Nevada criminal defense attorney immediately.

How Nevada DUI penalties work

Nevada classifies DUI offenses primarily under NRS Chapter 484C. Three statutes do most of the work for sentencing:

NRS 484C.400 — Standard DUI penalties

The first and second DUI within seven years are misdemeanors. The third within seven years is a category B felony with a mandatory minimum prison term. Penalties escalate sharply between offenses, and the seven-year window is calculated from offense date to offense date.

NRS 484C.410 — Repeat felony enhancement

Once a person has been convicted of a felony DUI, every subsequent DUI is a felony — regardless of how much time has passed. This is the most consequential single fact in many repeat-DUI cases.

NRS 484C.430 — Injury or death

A DUI that proximately causes substantial bodily harm or death to another person is a category B felony with a sentencing range of 2 to 20 years in state prison, even on a first offense. "Substantial bodily harm" is defined in NRS 0.060 and includes fractures, prolonged pain, and permanent disfigurement, among other injuries.

What this calculator does not capture

Several things shape an actual DUI outcome that no calculator can model: the specific prosecutor and judge, the strength of the State's evidence, available motions to suppress, plea offers, eligibility for treatment programs under NRS 484C.320 or 484C.330, prior record outside DUI, and the presence of skilled defense counsel. These variables routinely move sentences within and outside the statutory ranges shown here.

If you have been charged, the most important next step is to speak with a Nevada-licensed criminal defense attorney before any court appearance or statement to police.

Statutory Citations

NRS 484C.400 — Penalties for first, second, and third offenses.
NRS 484C.410 — Penalties when offender previously convicted of felony DUI or related conduct.
NRS 484C.430 — Penalty if death or substantial bodily harm results.
NRS 484C.460 — Ignition interlock device requirements.
NRS 484C.110 — Unlawful acts; affirmative defense.

Frequently asked questions

Is a first-offense DUI in Nevada a felony?

No, a first-offense DUI within seven years is a misdemeanor under NRS 484C.400(1)(a) — unless the DUI caused substantial bodily harm or death, in which case it is a category B felony under NRS 484C.430 even on a first offense.

When does a Nevada DUI become a felony?

A Nevada DUI is a felony in three situations: (1) the third DUI within seven years; (2) any DUI after a prior felony DUI conviction, regardless of how long ago; or (3) any DUI that causes substantial bodily harm or death. All three are category B felonies.

What is Nevada's 7-year DUI lookback period?

Nevada uses a seven-year "washout" period for purposes of penalty enhancement under NRS 484C.400. Only DUI convictions within the prior seven years count when determining whether a current DUI is a first, second, or third offense. The seven years runs from offense date to offense date.

What is the penalty for a third DUI in Nevada?

A third DUI within seven years is a category B felony under NRS 484C.400(1)(c). The penalty is 1 to 6 years in Nevada state prison, a fine of $2,000 to $5,000, a 3-year license revocation, and ignition interlock device requirement for 1 to 3 years upon license reinstatement. Probation and suspended sentences are statutorily prohibited.

What happens if a DUI causes injury in Nevada?

Under NRS 484C.430, a DUI that proximately causes substantial bodily harm or death is a category B felony punishable by 2 to 20 years in state prison and a fine of $2,000 to $5,000. The 3-year license revocation begins after release from prison, and ignition interlock is required for up to 3 years following reinstatement.

Does Nevada require an ignition interlock for a first DUI?

Under NRS 484C.460, a first-offense DUI may require an ignition interlock device for up to 6 months. For second offenses, ignition interlock is required for 1 to 3 years upon license reinstatement. Felony DUIs require ignition interlock for 1 to 3 years following the post-incarceration license suspension period.

Full Legal Disclaimer

This tool is provided by Nevada Attorney Finder for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. The penalty ranges shown are drawn from the Nevada Revised Statutes as published and may not reflect recent amendments, local court practice, plea agreements, or the specific facts of any individual case.

Statutes are subject to amendment by the Nevada Legislature. Always verify the current text of any statute on the official Nevada Legislature website before relying on it.

Nevada Attorney Finder is an attorney directory that connects users with licensed Nevada attorneys who pay to be featured on the platform. We do not provide legal services and we are not a lawyer referral service certified by the State Bar of Nevada. If you face a DUI charge or any criminal matter, consult a Nevada-licensed attorney without delay.