Nevada DUI Laws – Blood Alcohol Concentration (BAC) and Implied Consent
|“Per Se” BAC Limit||0.08%|
|Zero Tolerance (Under 21) BAC Limit||0.02%|
|Enhanced Penalty (Aggravated) BAC Limit||0.18%|
|Implied Consent to Submit to a BAC Test?||Yes|
|“Per-Se” BAC Limit for Commercial Driver’s License||0.04%|
The following is a list of controlled substances and the per se levels that render you in violation of the NRS for purposes of driving under the influence:
|Prohibited substance||Nanograms Per Mililiter||Nanograms Per Mililiter|
|Heroin metabolite: (1) Morphine||2000||50|
|Heroin metabolite: (2) 6-monoacetyl morphine||10||10|
|Lysergic acid diethylamide||25||10|
|Marijuana** see below||10||2|
Nevada DUI Penalties
|Minimum License Revocation (1st/2nd/3rd)||90 Days / 1 Year / 3 Years|
|Mandatory Alcohol Education and Treatment||Both are required|
|Vehicle Confiscation by State||No, possible registration restrictions|
|Ignition Interlock Device||Yes, requirements vary|
|1st Offense||48 Hours – 6 Months|
|2nd Offense||96 Hours – 1 Year|
A second offense Dui generally results in 10 days in jail or 20 days of house arrest.
State Prison: Felony DUI *
|3rd Offense||1 Year – 6 Years|
|4th Offense||2 Years – 15 Years|
* Contact Joey Gilbert & Associates immediately.
In Nevada 0.08 BAC is the “per-se” level for a DUI offense. If your alcohol level is above 0.08 you will be charged with a DUI regardless of how well you may have been driving.
However, you do not have to be over 0.08 to be given a DUI, if the officer believes you are impaired and unable to drive, they may still arrest you for DUI without being over 0.08 BAC.
Finally, should you be found with 0.08 or greater within 2 hours of driving or being in actual physical control of your vehicle, the officer may charge you with DUI.
**Medical Marijuana Cards
The State of Nevada does NOT recognize a California (or any other State’s) medical marijuana card. Therefore, even if you are legally permitted to smoke marijuana in California, you will be arrested for DUI in Nevada if you drive with any measurable amount of marijuana in your system.
Even those few who have Nevada medical marijuana cards must be very cautious and should not drive if they have smoked recently. Holding a Nevada marijuana registry card ONLY allows the holder of the card to possess:
1. One ounce of usable marijuana (defined in NRS 453A.160)
2. Three mature marijuana plants (defined in NAC 453A.080, sec. 2)
3. Four immature marijuana plants (defined in NAC 453A.080, sec.1)
Anyone who frequently uses marijuana will likely be over the Nevada Per Se limit even 24 hours after use. However, there are technical issues that can be overcome and save your license.
Contact Joey Gilbert & Associates for detailed information regarding your DUI case. Our attorneys offer aggressive defense of your DUI case. We also offer consultation on treatments available for alcohol and drug offenses. Our staff is available 24/7 to answer your questions and review your case.
Have you been arrested for DUI? Contact Joey Gilbert & Associates for a free consultation and case evaluation – 775-284-7700 or Toll Free 888-640-4313.