First Offense DUI in Nevada

In Nevada, driving or operating any type of vehicle under the influence of alcohol or narcotics is referred to as Driving Under the Influence (DUI). Although sometimes referred to as Driving While Intoxicated (DWI), Nevada will generally use DUI to refer to offenses where the vehicle operator had a high Blood Alcohol Concentration (BAC) or was otherwise impaired by prohibited substances.

Nevada law carries serious consequences for DUI offenses, even for first-time offenders. Penalties for a Nevada DUI may include jail time, fines, license suspension, probation, community service, and mandatory attendance of a state-approved alcohol/drug awareness program or victim impact panel.

What Qualifies as a First DUI in Nevada?

Under Nevada Revised Statutes Chapter 484C, a first-time Driving Under the Influence(DUI) offense in Nevada is defined as the offender's first time operating any type of motor vehicle while under the influence of alcohol or other prohibited substances. It is considered a first-time offence if there have been no prior similar offenses or convictions on the suspect's record in the last seven years.

The legal BAC limits in Nevada will typically vary by type of driver and their age. The suspect is considered intoxicated if they have a blood alcohol concentration of 0.08% or higher as an adult, 0.02% for minors under 21 years, and 0.04% for commercial drivers.

Law enforcement will employ several tests to determine a person's sobriety when suspected of a DUI, including three specific standardized field sobriety tests. These are the Horizontal Gaze Nystagmus, Walk-and-Turn, and the One-leg Stand.

Chemical tests may also be used to confirm intoxication after the field tests. Below is a breakdown of these tests:

• The Horizontal Gaze Nystagmus (HGN) checks for indicators of intoxication as involuntary jerking of the eyes.
• The Walk-and-Turn tests the subject's ability to maintain balance and walk heel-to-toe while following instructions.
• The One-Leg Stand has the driver stand on one leg and count to test their coordination and balance.
• Chemical tests involve testing the driver's breath with a breathalyzer and fluids such as blood and urine to determine intoxication.

Possible Penalties for a First Offense DUI in Nevada

First-time DUI offenses in Nevada are typically classified and charged as misdemeanors unless there are aggravating factors such as causing a death or serious injuries. Possible penalties include the following:

• Jail time from a minimum of 2 days to six months
• Fines from $400 to $100, plus any additional court costs
• A 6-month (185 days) license suspension
• Minors may be ordered to undergo a drug/alcohol dependency evaluation and treatment program if their BAC is 0.18% or more.
• Mandatory attendance of state-approved alcohol awareness programs and Victim Impact Panels
• The offender may be ordered to perform a set number of hours of community service.
• The offender may be put on probation and ordered to keep out of trouble for some time.
• If the offender's BAC is 0,18 or more, an Ignition Interlock Device(IID) may be installed on their vehicle for 12 to 35 months. This device prevents the vehicle from starting unless the offender provides a breath sample within legal limits.
• The offender may be given a 6-month suspended jail sentence, meaning the sentence is not served if the offender completes other aspects of their sentence and stays out of trouble.

The offender's insurance premiums are also likely to increase based on a DUI conviction.

Do You Lose Your License for a First DUI in Nevada?

A driver's license may be suspended automatically after a DUI in Nevada. This could be implemented by the Nevada Department of Motor Vehicles (DMV) without full conviction. The DMV has the right to do so, especially if the suspect refuses a chemical test.

The time the license is suspended will vary depending on the number of DUI offenses within 7 years. First-time offenders typically have their licenses suspended for 6 months (185 days). Second and third offenses will have their licenses suspended for a year and 3 years, respectively.

After serving at least half of the suspension, the offender may qualify for a restricted license. To obtain a restricted license, the offender must prove significant hardship and be subject to further testing. A restricted license is only granted for specific uses like hospital trips, school, and work purposes.

What Is the Implied Consent Law in Nevada and How Does It Affect First DUI Cases?

The Implied Consent Law, detailed in Section 484C.160 of the Nevada Revised Statutes, states that by driving a vehicle on Nevada roads, drivers unconditionally agree to submit to chemical tests, including breath, urine, and blood, when suspected of DUI.

Refusing a chemical test in Nevada when suspected of a DUI will typically result in an automatic suspension of the driver's license for a year. The refusal may also be taken as an attempt to hide intoxication and used as evidence against the driver during a court case.

Drivers may contest a license suspension over the refusal to take a chemical test by requesting a hearing within 7 days of receiving notice of the license suspension. At the hearing, the offender or their DUI defense attorney must provide evidence and arguments to contest the suspension of their license. The arresting officer will also have to provide reasonable grounds to believe a DUI was committed.

The Implied Consent Law was mainly put into place to reinforce Nevada's DUI law and provide quick access to proof of a DUI.

Is an Ignition Interlock Device Required for a First DUI Offense in Nevada?

Yes, in Nevada, a first-time DUI offender must get an Ignition Interlock Device(IID) installed for about 6 months (185 days), especially if they require a restricted license. This is required of the convicted offender regardless of the conditions of the conviction, including their BAC at the time of the arrest.

The offender will typically be responsible for all fees associated with installing the IID in their vehicle, including rental and maintenance fees, plus any costs related to uninstalling the device at the end of the required time. Nevada has certified providers that offer IIDs for around $3 a day.

Can a First DUI Be Dismissed or Reduced in Nevada?

Although prosecutors in Nevada may not casually reduce DUI charges without reason, they may reduce them to lesser charges like reckless driving under certain conditions, such as the following:

• The BAC was borderline or just above the legal limit of 0.08%, particularly if there were some mitigating conditions.
• Prosecutors may reduce the charge when they know they are less likely to have proven probable cause.
• If it may be shown that law enforcement violated the defendants' rights during the initial traffic stop or arrest
• If the defendant shows that procedures were compromised. For example, if the traffic stop was illegal, or the breathalyzer or other equipment was faulty
• The availability or lack of evidence (eyewitness or video) may also influence the case and settlement on a lesser charge.

Nevada's deferred adjudication program allows first-time offenders to avoid jail time and a criminal record if they complete certain conditions. These include community service, attending DUI school, attending alcohol awareness programs, and abstaining from alcohol for a period.

Long-Term Consequences of a First DUI

DUI convictions may have several long-term consequences, even if the driver was a first-time offender. These consequences include the following:

• A DUI will remain on the driver's permanent record indefinitely unless steps are taken to seal or otherwise restrict it
• Continuous DUI offenses throughout 7 years may increase offenses to felonies and more serious punishments.
• Offenders may find it more difficult to find employment in specific fields, especially when the job requires a background check, has a high responsibility, or requires a clear driving history.
• Offenders will typically find their insurance premiums rising due to the DUI conviction.

Do You Need a DUI Attorney in Nevada?

Generally, it is advisable to consult a qualified DUI attorney in Nevada to help with a DUI case. A reasonable attorney will be able to understand the case, explain the consequences of first-time offenses, and provide options for reducing long-term effects. They may also challenge the evidence in the case to either have it dismissed or obtain lighter charges and reduced license suspensions.