Second Offense DUI in Nevada

Nevada law defines driving under the influence (DUI) as operating a vehicle with a blood alcohol concentration of 0.08% or higher or while impaired by drugs or alcohol, according to NRS § 484C.110. A person who receives a second DUI within seven years of a prior conviction—regardless of whether the first offense occurred in Nevada or another state—faces a misdemeanor charge under NRS § 484C.400. Penalties for a second DUI in Nevada are significantly more severe than for a first offense, reflecting the state's strict approach to impaired driving and its focus on keeping the public safe and discouraging repeat violations.

Is a 2nd DUI a Felony in Nevada?

No. A second DUI in Nevada is not a felony. It is a misdemeanor if it happens within 7 years of the first DUI, according to state law (NRS § 484C.400(1)(b)). However, it can become a felony if something very serious happens. For example, if the DUI causes serious injury or death to someone else, it becomes a felony under NRS § 484C.430.

What is the Lookback Period for a Second DUI in Nevada?

Nevada uses a 7-year lookback period for second DUI offenses. If someone is arrested for a second DUI within 7 years of their first arrest, the court counts it as a second offense and gives tougher penalties like jail time, higher fines, and a longer license suspension. But if the second DUI happens more than 7 years after the first, it is treated like a first offense again. Even though the court looks at only the past 7 years for punishment, the DUI stays on the person's record forever unless a judge agrees to seal it.

What are Aggravating Factors in a Second DUI?

Aggravating factors in a second DUI in Nevada are things that make the case more serious and can lead to stricter punishment. They are:

• Very high blood alcohol level (0.18% or more): This is an indicator that the person was very drunk. They might be forced to have a breath tester (called an ignition interlock device) placed in their car for a long time and go to special alcohol school.
• Driving with a child under 15: It is very dangerous to have a young child in the car while drunk, and it can also lead to more jail time.
• Causing a crash: If the defendant causes a collision where a person is hurt or property is damaged, the punishment can be much more severe.
• Refusing a breath or blood test: If the driver says no to a test, their license can be taken away, and the court might use that as proof they were guilty.
• Driving dangerously or speeding: Driving in a wild or unsafe way makes the situation worse and can lead to bigger penalties.

What Happens If You Get a 2nd DUI/DWI in Nevada

Anyone who gets a second DUI in Nevada will face the following serious penalties:

• They must spend 10 days to 6 months in jail
• They have to pay $750 to $1,000 in fines, plus other court costs
• Their driver's license is taken away for 1 year, and they can not get a special license to drive during that time
• They must go to DUI school and a Victim Impact Panel (where people talk about how drunk driving hurt them or their families)
• They must get an alcohol or drug evaluation, and may need to go to treatment
• After they get their license back, they have to use an Ignition Interlock Device (IID) for 1 to 3 years

How Long Does a Second DUI Stay On Your Record in Nevada?

A second DUI in Nevada stays on a person's criminal record permanently, unless it is sealed. For a misdemeanor second DUI, the record can be sealed 7 years after the case ends, but until then, it can be seen by employers, landlords, licensing boards, and others. Therefore, it can make it harder to get a job, rent a home, or keep a professional license (like for being a nurse or teacher). It can also hurt their reputation with others. If the DUI becomes a felony, it stays on their record forever and can not be hidden. Even if it is not a felony, the DUI stays on their driving record with the Nevada DMV for 10 years.

How Much Does a Second DUI Cost in Nevada

A second DUI in Nevada usually costs between $1,300 and $1,600. This includes a fine of $750 to $1,000, plus extra fees for things like court costs and testing. One may also have to pay $120 to get their driver's license back, buy special car insurance (SR-22), and pay around $100 each month if the court makes them install a device in their car that checks their breath before they drive (called an ignition interlock device). If someone gets hurt or killed, or if a child under 15 is in the car, the costs can go way up, and the punishment can be much more serious.

Chances of Going to Jail for a Second DUI in Nevada

If someone gets a second DUI in Nevada, they must go to jail for at least 10 days, but they could stay for up to 6 months. If something more serious happens, like someone gets hurt or dies, the person could go to prison for 2 to 20 years. Things like having a very high amount of alcohol or a child in the car can make the punishment worse.

Driver's License Suspension for a Second DUI in Nevada

After a second DUI in Nevada, a person's driver's license is revoked for 1 year. They are not eligible for a regular restricted or hardship license during this time. However, they may be allowed to drive if they:

• Install an ignition interlock device (IID) on any vehicle they operate,
• File SR-22 insurance with the Nevada DMV, and
• Complete all court-ordered programs, such as DUI education or treatment.

Ignition Interlock Device Requirement

Under Nevada law (NRS § 484C.460), once a person is convicted of a second DUI within seven years, the court must order them to install an ignition interlock device (IID) on every vehicle they drive as a condition of getting any restricted driving privilege. The IID period for a second DUI is one year.

All costs for the IID—installation, monthly rental, calibration, and required inspections every 90 days—are paid by the driver at their own expense.

An IID is a small, in-vehicle breathalyzer: the driver must blow into it before starting the car, and if it detects alcohol above a very low threshold (typically 0.02% BAC), the vehicle will not start. Monitoring reports are sent to the Department of Public Safety to ensure compliance, and any attempt to tamper with or bypass the device can lead to further penalties and extension of the IID requirement.

DUI School and Substance Abuse Treatment

After a second DUI in Nevada, the court must order the person to attend a state-approved DUI education program under NRS § 484C.400(1)(b)(3); this DUI school usually lasts 8–16 hours and covers how alcohol and drugs affect driving, the legal penalties, and ways to prevent future drunk driving. In addition, the person must undergo a substance abuse evaluation (per NRS § 484C.360); based on that evaluation, the court will require an appropriate treatment program—such as outpatient counseling or inpatient rehabilitation—which the offender pays for out of pocket.

Probation Conditions

After a second DUI in Nevada, a person on probation must follow several rules. They have to meet regularly with a probation officer, stay in Nevada unless they get permission to leave, and not use alcohol or drugs—they may be tested at random. They also have to complete DUI classes, attend a Victim Impact Panel, and go to treatment if required. If the court says so, they must install a breath-testing device (IID) in their car. If they break any of these rules, they could be sent to jail.

Community Service Requirements

Per Nevada law (NRS § 484C.400(1)(b)(2)), the court can require the person to do 100 to 200 hours of community service instead of paying a fine. This means they may have to help clean parks or roads, work at a food bank, or help at a community event. If they do not finish their hours, they could get more time on probation or even go to jail.

Impact on Auto Insurance

After a second DUI in Nevada, insurance companies will view the driver as "high-risk", often increasing premiums by 50% or more at the next renewal. While insurers can not drop a policy mid-term, they can refuse to renew it once the policy period ends, forcing the driver to seek costly high-risk coverage. Nevada law also requires the driver to file an SR-22 certificate with the DMV for three years after the DUI; if the SR-22 lapses or is canceled, the driver's license will be suspended. All increased premiums, SR-22 filing fees, and any specialized high-risk policy costs are paid by the driver.

Which Courts Handle DUI Cases in Nevada?

In Nevada, different courts handle DUI (driving under the influence) cases depending on how serious the situation is and where it happened. If it Is a misdemeanor (like a second DUI without injuries), the case usually goes to a municipal court if it happened inside a city or to a justice court if it happened outside city limits. If the DUI is a felony—like if it is the third offense or someone was hurt—it goes to a district court.

Five key courts in Nevada that deal with DUI cases are listed below:

Las Vegas Justice Court
200 Lewis Avenue
Las Vegas, NV 89101
Phone: (702) 671-3116

Las Vegas Municipal Court
100 East Clark Avenue
Las Vegas, NV 89101
Phone: (702) 382-6878

Reno Municipal Court
1 South Sierra Street
Reno, NV 89501
Phone: (775) 334-2290

Henderson Municipal Court
243 Water Street
Henderson, NV 89015
Phone: (702) 267-3300

Clark County District Court
200 Lewis Avenue
Las Vegas, NV 89155
Phone: (702) 671-0530

Besides the court, the Nevada DMV (Department of Motor Vehicles) also plays a role in DUI cases. The DMV can suspend someone's driver's license, even before the court case is finished. A person can ask for a DMV hearing if they want to fight the suspension. To get their license back, they may have to show proof of insurance, pay fees, or install a special device in their car.

For questions about hearings or to file an appeal, drivers can contact the Nevada DMV Hearings Office for in-person services. Here are some key DMV offices across the state:

Las Vegas Area
East Sahara DMV
2621 East Sahara Avenue
Las Vegas, NV 89104
Phone: (702) 486-4368

North Decatur DMV
7170 North Decatur Boulevard
Las Vegas, NV 89131
Phone: (702) 486-4368

West Flamingo DMV
8250 West Flamingo Road
Las Vegas, NV 89147
Phone: (702) 486-4368

Henderson
1399 American Pacific Drive
Henderson, NV 89074
Phone: (702) 486-4368

Reno
9155 Double Diamond Parkway
Reno, NV 89521
Phone: (775) 684-4368

Carson City
555 Wright Way
Carson City, NV 89711
Phone: (775) 684-4368

Individuals can find a complete list of DMV office locations on the Nevada DMV website.

Can You Get a DUI on a Horse in Nevada?

No, a person cannot get a DUI for riding a horse in Nevada because the DUI law (NRS § 484C.110) only covers "vehicles", and a horse is not a vehicle. However, if someone rides a horse while drunk in a dangerous way on a public street or highway, they can be charged with reckless riding under NRS § 202.530.