Nevada DUI/DWI Laws: Penalties, Court Process, and Records

Although each state has its unique regulations, driving while intoxicated (DWI) and driving under the influence (DUI) are two of the most common traffic offenses in the United States. While DWI is frequently used, the official term in Nevada is DUI (Driving Under the Influence).

Nevada has strong prohibitions against driving while intoxicated or under the influence of drugs. Repeat offenders face harsher fines, and in extreme circumstances, they may face felony charges. The DUI laws, punishments, court procedure, record access, and the length of time convictions stay on file in Nevada are all explained here.

What Is a DUI in Nevada?

DUI is defined as operating a vehicle while under the influence of alcohol, narcotics, or both under NRS §484C.110.

The legal thresholds in Nevada are typically determined by blood alcohol concentration (BAC) and include:

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.02% BAC for drivers under 21 (zero tolerance law)

Drug-related DUIs, such as those brought on by marijuana, prescription medicines, or restricted substances, are also prosecuted in Nevada.

DUI Penalties in Nevada

In Nevada, repeat DUI convictions are subject to a seven-year lookback period. With every infraction, the severity of the penalties increases.

• First DUI Offense (Misdemeanor):
  • A first DUI offense can attract a jail term from 2 days to 6 months or community service (48 to 96 hours)
  • Offenders could pay fines from $400 to $1,000
  • Their license could be revoked for 185 days
  • They would have to attend a mandatory DUI education program and substance abuse evaluation.
  • They may be required to use an ignition interlock device (IID) for 6 months to 3 years if BAC ≥0.18%
• Second DUI Offense (within 7 years, Misdemeanor):
  • This could lead to a jail sentence of 10 days to 6 months
  • Offenders may have to pay fines from $750 to $1,000
  • This could get an offender’s driver’s license revoked for 1 year
  • IID may be required for up to 3 years
  • The offender will be required to join a mandatory alcohol or drug treatment program
• Third DUI Offense (within 7 years, Felony):
  • This could come with a prison sentence of 1 to 6 years
  • Offenders may have to pay a fine ranging from $2,000 to $5,000
  • Their license may be revoked for 3 years
  • Offenders may need to get an IID after their license is reinstated
• Felony DUI Causing Injury or Death:
  • This could see the offender facing 2 to 20 years in prison
  • They may have to pay fines of up to $5,000
  • It could also lead to long-term license revocation

Aggravated DUI: Penalties are increased for BAC ≥0.18%, having children in the car, and having an accident that results in harm or death.

DUI Arrest and Court Process in Nevada

Nevada’s DUI process involves both administrative license actions and criminal court prosecution:

1. Traffic Stop and Arrest – Officers conduct field sobriety and chemical testing. Refusal results in immediate license suspension under Nevada’s implied consent law.
2. Booking and Charges – The accused is processed, fingerprinted, and charged with DUI.
3. Administrative License Revocation (ALR) – The Nevada DMV imposes an automatic suspension, contestable in a hearing.
4. Arraignment – Charges are read in court, and the defendant enters a plea.
5. Pre-Trial Hearings – Defense attorneys may challenge BAC results or procedural issues.
6. Trial – If no plea agreement is reached, the case proceeds to trial.
7. Sentencing – If convicted, penalties include fines, jail, suspension, IID, and treatment.

For repeat offenders, Nevada also provides DUI Treatment Courts, which emphasize recovery under close judicial supervision.

How to Search for DUI Records in Nevada

DUI records in Nevada are public but accessed through specific agencies:

• Nevada Judiciary Case Search (District and Justice Courts): These online portals allow searches by name or case number for DUI cases.
• Nevada Department of Motor Vehicles (DMV): The Nevada Department of Motor Vehicles (DMV) keeps official driving records, including DUI convictions, suspensions, and IID requirements. Records are available for drivers to request.
• County Clerk of Court Offices: County clerk of court offices offer certified case files and sentence records.
• Nevada Criminal History Repository (Dept. of Public Safety): The Department of Public Safety'sNevada Criminal History Repository offers criminal history checks for approved uses.
• Third-Party Background Check Services: Third-party background check services might offer DUI statistics, but they might not be accurate

Records typically include BAC levels, conviction type, penalties, and license restrictions.

How Long Does a DUI Stay on Your Record in Nevada?

Nevada retains DUI convictions for long periods, with serious consequences:

• Criminal Record: A DUI conviction is irreversible. Although records may occasionally be sealed after seven years for misdemeanors and fifteen years for felonies if no new offenses are committed, Nevada does not permit the erasure of DUI convictions.
• Driving Record: DUI convictions count toward sentence enhancements within the same time frame, but they stay on a Nevada driver's record for seven years.
• Insurance and Employment: Employers and licensing boards may view convictions for as long as possible until sealed, and a DUI can increase insurance rates for three to five years.

With increasingly severe penalties ranging from fines and brief jail terms for first offenders to lengthy prison terms for felonies involving harm or death, Nevada imposes severe DUI penalties. DWI is still used informally, although DUI is the state's official legal phrase. While some misdemeanor convictions may be sealed after seven years, the majority of DUI convictions are permanent, and records are available to the public through Nevada courts and the DMV. Given the long-term effects of Nevada's DUI laws, drivers, employers, and researchers must understand them.