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NRS 484C is Nevada's DUI statute. It sets a BAC limit of 0.08% for standard drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. A first DUI offense is a misdemeanor with fines of $400–$1,000, mandatory DUI school, and possible jail time. A third offense within 7 years is a Category B felony. Implied consent (NRS 484C.160) requires drivers to submit to chemical testing or face automatic license revocation.
What NRS 484C Covers
Nevada Revised Statutes Chapter 484C governs driving under the influence of alcohol or controlled substances. The chapter was substantially revised in recent years to increase penalties for repeat offenders and to address drugged driving. NRS 484C applies to any person who drives or is in actual physical control of a vehicle on a Nevada highway — including parking lots that are open to the public.
Key sections include: NRS 484C.110 (prohibited acts — BAC thresholds), NRS 484C.160 (implied consent), NRS 484C.230 (reasonable grounds for chemical testing), NRS 484C.400 (penalties for misdemeanor DUI), and NRS 484C.430 (felony DUI provisions).
NRS 484C.110 — BAC Limits (Key Statutory Language)
It is unlawful for any person who: (a) is under the influence of intoxicating liquor; (b) has a concentration of alcohol of 0.08 or more in his or her blood or breath; or (c) is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
BAC Limits Under Nevada Law
Nevada uses a "per se" DUI standard — meaning if your blood alcohol concentration meets or exceeds the legal limit, you are legally presumed impaired without additional evidence of actual driving impairment. The specific limits are:
- 0.08% BAC — Standard limit for drivers 21 and older in non-commercial vehicles
- 0.04% BAC — Commercial drivers operating a commercial motor vehicle
- 0.02% BAC — Drivers under 21 years of age (Nevada's "zero tolerance" law)
- Any detectable amount — For certain controlled substances without a valid prescription
Important: You can be arrested and convicted of DUI even if your BAC is below 0.08% if law enforcement can demonstrate that your ability to drive was impaired. This is the "under the influence" prong of NRS 484C.110(a).
Nevada DUI Penalties: First, Second & Third Offense
Nevada DUI penalties escalate dramatically with each conviction within a 7-year lookback period. Here is a summary of the key penalties under NRS 484C.400:
| Offense | Classification | Jail / Prison | Fine | License | Other |
|---|---|---|---|---|---|
| 1st DUI (within 7 yrs) | Misdemeanor | 2 days – 6 months (or 48–96 hrs community service) | $400 – $1,000 | 90-day revocation | DUI school, possible ignition interlock 185 days |
| 2nd DUI (within 7 yrs) | Gross Misdemeanor | 10 days – 6 months (or 100–200 hrs community service) | $750 – $1,000 | 1-year revocation | DUI school, ignition interlock 1 year, possible residential confinement |
| 3rd DUI (within 7 yrs) | Category B Felony | 1 – 6 years in Nevada State Prison | $2,000 – $5,000 | 3-year revocation | Mandatory treatment, ignition interlock 3 years |
| DUI with Injury/Death | Category B Felony | 2 – 20 years (injury); 2 – 25 years (death) | $2,000 – $5,000 | 3-year revocation | Civil liability; potential wrongful death lawsuit |
Felony DUI Under NRS 484C.430
A DUI becomes a Category B felony in Nevada under three circumstances: (1) it is your third or subsequent DUI within 7 years, (2) the DUI causes substantial bodily harm or death to another person, or (3) you were previously convicted of vehicular homicide related to DUI.
Felony DUI convictions in Nevada carry devastating collateral consequences beyond imprisonment: loss of gun rights, loss of voting rights (until completion of sentence), loss of professional licenses, and ineligibility for record sealing for 7 years after sentence completion. The felony DUI charge can never be reduced to a misdemeanor if a prior felony DUI conviction exists.
If someone was killed or seriously injured in a DUI crash, the prosecutor may charge both DUI and vehicular homicide (NRS 484C.440 — up to 25 years in prison). Civil wrongful death lawsuits (NRS 41.085) are also common in these cases.
Implied Consent: NRS 484C.160
By driving on Nevada roads, you automatically consent to chemical testing (breath, blood, or urine) if law enforcement has reasonable grounds to believe you are under the influence. This is the "implied consent" doctrine.
NRS 484C.160 — Implied Consent (Summary)
Any person who drives or is in actual physical control of a vehicle on a highway or premises to which the public has access is deemed to have given consent to an evidentiary test of their blood or breath for the purpose of determining the concentration of alcohol in their blood or breath.
If you refuse to submit to chemical testing after a lawful request:
- First refusal: Automatic 1-year driver's license revocation by the DMV
- Second refusal within 7 years: Automatic 3-year driver's license revocation
- Refusal as evidence: The prosecution can tell the jury that you refused testing — this can be used as consciousness of guilt
In some cases, if you refuse a breath test, law enforcement can obtain a warrant for a blood draw. Nevada courts have upheld warrantless blood draws in exigent circumstances (though these cases are frequently challenged).
DMV Administrative Hearing: Critical 7-Day Rule
A Nevada DUI arrest triggers two separate proceedings: (1) the criminal case in court, and (2) a DMV administrative proceeding to revoke your license. These are completely independent — you can win your criminal case and still lose your license, or vice versa.
You have only 7 days from the date of arrest to request a DMV hearing to challenge the license revocation. If you miss this deadline, your license is automatically revoked. Contact a DUI attorney immediately after your arrest — this deadline is one of the most common and costly mistakes DUI defendants make.
At the DMV hearing, the issues are limited: (1) did the officer have reasonable grounds for the stop, (2) was there probable cause for the arrest, and (3) did you have a BAC of 0.08% or more, or did you refuse testing?
When You Need a DUI Attorney in Las Vegas
You should contact a Nevada DUI defense attorney immediately after any DUI arrest — even for a first offense. A skilled DUI attorney can:
- Request the DMV hearing within 7 days to preserve your driving privileges
- Challenge the legality of the traffic stop and arrest
- Challenge the calibration and maintenance records of the breathalyzer
- Challenge blood draw chain of custody and lab procedures
- Negotiate for a "wet reckless" reduction (reckless driving involving alcohol — still serious, but lesser consequences)
- Identify procedural violations that could lead to suppression of evidence or dismissal
- Prepare for trial if the case cannot be resolved favorably
Many first-offense DUI cases in Las Vegas can be resolved through diversion programs, reduced charges, or dismissal if the arrest was procedurally flawed. Do not attempt to navigate a DUI case without legal representation.
Frequently Asked Questions — Nevada DUI Law
You can physically refuse, but under Nevada's implied consent law (NRS 484C.160), refusal results in automatic license revocation — 1 year for a first refusal, 3 years for a second. The refusal can also be presented to a jury as evidence of consciousness of guilt. In many situations, refusing a chemical test is strategically disadvantageous. Consult a DUI attorney before making this decision if you have time; if you're already at the roadside, be aware of these consequences.
A "wet reckless" (or "reckless driving with alcohol") is a plea bargain reduction from DUI to reckless driving involving alcohol. It is less severe than a DUI conviction — lower fines, no mandatory DUI school in most cases, shorter license consequences, and reduced insurance impact. However, a wet reckless still counts as a prior DUI offense if you are arrested for DUI again within 7 years. Prosecutors in Clark County may offer a wet reckless for strong cases with borderline BAC readings or procedural issues.
A misdemeanor DUI conviction can be sealed after 7 years from the date of conviction or release from custody, whichever is later. A felony DUI has a longer waiting period. Importantly, even after sealing, DUI convictions may still be visible to law enforcement, courts, and certain government agencies. The 7-year "lookback" period for purposes of charging a repeat DUI is separate from the record sealing waiting period — prior DUIs within 7 years still count as priors regardless of sealing status.
Yes — federal and Nevada law impose strict CDL consequences for DUI. A first DUI conviction (in any vehicle, not just a commercial vehicle) results in a 1-year disqualification from operating a commercial motor vehicle. A second conviction results in lifetime CDL disqualification (though drivers can apply for reinstatement after 10 years in some cases). The BAC limit while operating a commercial vehicle is 0.04%, not 0.08%. For professional truck drivers, a DUI — even in a personal vehicle — can effectively end a commercial driving career.
Yes. Nevada law (NRS 484C.110) makes it illegal to drive under the influence of any controlled substance, including marijuana (even though recreational use is legal in Nevada). The "per se" limit for marijuana is 2 nanograms of delta-9-THC per milliliter of blood, or 5 ng/mL of marijuana metabolite. However, because THC can remain detectable in blood for days or weeks after use (even when no longer impaired), these cases are frequently contested. An experienced DUI attorney can challenge the relationship between the measured THC level and actual impairment at the time of driving.