Start with Nev. Rev. Stat. § 484C.110. In Nevada, BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, DUI school, and ignition-interlock requirements. Felony threshold: A third DUI within 7 years is a category B felony; DUI causing death or substantial bodily harm is a felony. That is the question this guide answers for DUI penalties. Lookback: Prior DUI convictions within 7 years enhance; a third DUI within 7 years is a felony.. Ignition interlock: Ignition interlock is required for most DUI offenders as a condition of license reinstatement.
Blood alcohol limits in Nevada
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback window for prior offenses
Prior DUI convictions within 7 years enhance; a third DUI within 7 years is a felony.
How the Nevada rule applies
Apply the Nevada authorities in order. The facts are simplified so the statute and the standard are visible.
A driver in Nevada is charged with a first impaired-driving offense and wants to know what the statute actually sets.
- Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Read the first-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, DUI school, and ignition-interlock requirements.
- Ask when the charge becomes a felony: A third DUI within 7 years is a category B felony; DUI causing death or substantial bodily harm is a felony. Lookback: Prior DUI convictions within 7 years enhance; a third DUI within 7 years is a felony.
- Interlock: Ignition interlock is required for most DUI offenders as a condition of license reinstatement.
Nevada DUI under NRS 484C.110 proceeds in justice or district court with parallel DMV actions. Defense reviews the stop and Intoxilyzer record.
First-offense penalties
First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, DUI school, and ignition-interlock requirements.
When a Nevada DUI becomes a felony
A third DUI within 7 years is a category B felony; DUI causing death or substantial bodily harm is a felony.
Ignition interlock and license consequences
Ignition interlock is required for most DUI offenders as a condition of license reinstatement.
How a typical Nevada DUI case unfolds
Nevada DUI under NRS 484C.110 proceeds in justice or district court with parallel DMV actions. Defense reviews the stop and Intoxilyzer record.
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Case law: DUI penalties in Nevada
THE STATE OF NEVADA v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, in and for THE COUNTY OF CLARK and
…ade extrapolation evidence is relevant in a prosecution for driving under the influence, under certain circumstances such evidence may be unfairly prejudicial and therefore inadmissible. Because the prosecution in this case had to rely on the results from a single blood *930sample and a number of the factors that affect the mathematical calculation necessary to a retrograde ext…
Practitioners open THE STATE OF NEVADA v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, in and for THE COUNTY OF CLARK and when Nevada DUI penalties turns on the distinction in this sentence: "ade extrapolation evidence is relevant in a prosecution for driving under the influence, under certain circumstances such evidence may be unfairly prejudicial and therefore inadmissible. Because the prosecution in this case had to rely on the results from a single blood *930sampl" Do not lift it out of the facts the court was deciding.
DAVID MICHAEL BLUME, Appellant, v. THE STATE OF NEVADA, Respondent
DAVID MICHAEL BLUME, Appellant, v. THE STATE OF NEVADA, Respondent, 112 Nev. 472 (1996)
…conviction pursuant to a guilty plea of one count of felony driving under the influence of alcohol with four prior convictions. The memorandum of plea *474 bargain indicates that in exchange for entering a guilty plea to the charge of driving under the influence, appellant reserved the right to argue the validity of his prior convictions. In April, 1993, appellant David Michael…
Practitioners open DAVID MICHAEL BLUME, Appellant, v. THE STATE OF NEVADA, Respondent when Nevada DUI penalties turns on the distinction in this sentence: "The memorandum of plea *474 bargain indicates that in exchange for entering a guilty plea to the charge of driving under the influence, appellant reserved the right to argue the validity of his prior convictions." Do not lift it out of the facts the court was deciding.
The STATE OF NEVADA, Appellant, v. ROOSEVELT JONES, JR., Respondent. THE STATE OF NEVADA, Appellant, v. RICKY H
…, the considerations involved when a person is suspected of driving under the influence are different than those involved when a person is suspected of merely being under the influence of a controlled substance. In a driving-under-the-influence case, the legislature has provided that *776[a] person who drives . . . within this state shall be deemed to have given consent to the…
The STATE OF NEVADA, Appellant, v. ROOSEVELT JONES, JR., Respondent. THE STATE OF NEVADA, Appellant, v. RICKY H is worth reading on Nevada DUI penalties because the court put the point in its own words: "In a driving-under-the-influence case, the legislature has provided that *776[a] person who drives . . ." Use that passage as the starting point, then read the facts that precede it.
RICKY EUGENE DAVIS, Appellant, v. THE STATE OF NEVADA, Respondent
RICKY EUGENE DAVIS, Appellant, v. THE STATE OF NEVADA, Respondent, 99 Nev. 25 (1983)
*26 OPINION Per Curiam: Ricky Eugene Davis was convicted of driving under the influence of intoxicating liquor when death results. NRS 484.3795. He claims that the district court erred in admitting the results of a blood alcohol test because he was not under arrest at the time the blood sample was taken. We do not agree. Substantial evidence supports the determination that Davi…
RICKY EUGENE DAVIS, Appellant, v. THE STATE OF NEVADA, Respondent is worth reading on Nevada DUI penalties because the court put the point in its own words: "OPINION Per Curiam: Ricky Eugene Davis was convicted of driving under the influence of intoxicating liquor when death results. NRS 484.3795." Use that passage as the starting point, then read the facts that precede it.
STATE OF NEVADA, DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY, Appellant, v. MICHELLE H. McLEOD, Respondent
…cer Hagen had reasonable grounds to believe that McLeod was driving under the influence of intoxicating liquor and that her blood alcohol level was over 0.10 percent. McLeod then petitioned the district court for judicial review. On June 28, 1989, the district court issued an order reversing the revocation of McLeod’s driving privileges. The court stated that McLeod’s statement…
STATE OF NEVADA, DEPARTMENT OF MOTOR VEHICLES AND PUBLIC SAFETY, Appellant, v. MICHELLE H. McLEOD, Respondent is worth reading on Nevada DUI penalties because the court put the point in its own words: "Hagen had reasonable grounds to believe that McLeod was driving under the influence of intoxicating liquor and that her blood alcohol level was over 0.10 percent. McLeod then petitioned the district court for judicial review." Use that passage as the starting point, then read the facts that precede it.
JERRY MELVIN DOSSEY, Appellant, v. THE STATE OF NEVADA, Respondent
JERRY MELVIN DOSSEY, Appellant, v. THE STATE OF NEVADA, Respondent, 114 Nev. 904 (1998)
…ate filed an information, charging Dossey with one count of driving under the influence, one count of driving while having 0.10 percent or more by weight of alcohol in his blood, and one count of having a blood alcohol level of 0.10 percent or more by weight of alcohol in his blood within two *907 hours of driving, all in violation of NRS 484.379(1). These counts were not charg…
JERRY MELVIN DOSSEY, Appellant, v. THE STATE OF NEVADA, Respondent is worth reading on Nevada DUI penalties because the court put the point in its own words: "Dossey with one count of driving under the influence, one count of driving while having 0.10 percent or more by weight of alcohol in his blood, and one count of having a blood alcohol level of 0." Use that passage as the starting point, then read the facts that precede it.
The STATE of Nevada v. Gregory Frank Allen SAMPLE, a/k/a Gregory F.A. Sample
The STATE of Nevada v. Gregory Frank Allen SAMPLE, a/k/a Gregory F.A. Sample, 414 P.3d 814 (2018)
…J.: Respondent Gregory Frank Allen Sample was arrested for driving under the influence of alcohol after failing a preliminary breath test (PBT). The results of the PBT were subsequently used to obtain a search warrant for an evidentiary blood draw. The district court suppressed the PBT results, concluding that they were obtained in violation of Sample's Fourth Amendment rights…
Practitioners open The STATE of Nevada v. Gregory Frank Allen SAMPLE, a/k/a Gregory F.A. Sample when Nevada DUI penalties turns on the distinction in this sentence: "J.: Respondent Gregory Frank Allen Sample was arrested for driving under the influence of alcohol after failing a preliminary breath test (PBT). The results of the PBT were subsequently used to obtain a search warrant for an evidentiary blood draw." Do not lift it out of the facts the court was deciding.
CHRIS DENNY RAQUEPAW, Appellant, v. THE STATE OF NEVADA, Respondent
CHRIS DENNY RAQUEPAW, Appellant, v. THE STATE OF NEVADA, Respondent, 108 Nev. 1020 (1992)
…N Per Curiam: On March 16, 1991, appellant was arrested for driving under the influence of alcohol. According to the Intoxilyzer 5000 breath analysis performed on appellant, his blood alcohol level was 0.12%. Appellant was charged by criminal information with driving under the influence of alcohol and driving with a blood alcohol level of 0.10% or more. See NRS 484.379. Pursuan…
Nevada opinions such as CHRIS DENNY RAQUEPAW, Appellant, v. THE STATE OF NEVADA, Respondent are cited where DUI penalties is disputed. The court stated: "N Per Curiam: On March 16, 1991, appellant was arrested for driving under the influence of alcohol. According to the Intoxilyzer 5000 breath analysis performed on appellant, his blood alcohol level was 0.12%." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
- Lookback period: Prior DUI convictions within 7 years enhance; a third DUI within 7 years is a felony.
- First-offense range: First-offense DUI is typically a misdemeanor with fines, possible jail, license revocation, DUI school, and ignition-interlock requirements.
- Felony threshold: A third DUI within 7 years is a category B felony; DUI causing death or substantial bodily harm is a felony.
- Ignition interlock: Ignition interlock is required for most DUI offenders as a condition of license reinstatement.
- Primary authority: Nev. Rev. Stat. § 484C.110.
Frequently asked questions
What is the legal BAC limit in Nevada?
0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Is a first DUI a felony in Nevada?
A third DUI within 7 years is a category B felony; DUI causing death or substantial bodily harm is a felony.
Will I need an ignition interlock device?
Ignition interlock is required for most DUI offenders as a condition of license reinstatement.
This guide covers Nevada impaired-driving law as of 2026. Sentencing grids, administrative DMV rules, and local diversion programs change — verify the live statute and speak with counsel about your charging document.