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Overview of DUI Law in Nevada

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Driving under the influence of alcohol and other drugs has never been a good idea. Each state has very strict laws set up to punish any driver convicted on DUI and the DUI laws in Nevada are no exception. If in any way, the punishments seem harsh, it’s a good thing. These laws also exist to frighten drivers away from ever attempt driving while drunk.

Criminal DUI charge

According to the NRS 484.379 (Nevada’s DUI laws), it’s illegal to drive a motor vehicle publicly accessible road or on a highway if you are under the influence of any form of alcohol and other drugs or your blood alcohol concentration of .08 or higher at the time you’re driving.

That means operating a car in Nevada with a blood alcohol content of .08 or higher is ‘per se illegal’ regardless of whether or not you are driving safely. If your BAC is lower than .08, an officer can still arrest you for driving under the influence of drugs as long as the level of alcohol in your body is impairing your driving abilities. If you ever get arrested for something DUI-related in Nevada, consider contacting a DUI lawyer in Las Vegas for legal counsel.

The DUI law in Nevada also encompasses both drunk driving and drugged driving. You can be arrested for driving while your blood contains the lowest-prohibited amount of illegal drugs such as cocaine, methamphetamine, marijuana, morphine, heroin, and more. You can also be arrested for driving under the influence of drugs.


In Nevada, if you are pulled over on suspicion of driving while intoxicated, the police officer may ask you a few questions. The officer can also request you to perform several field sobriety tests such as one leg stand test, horizontal gaze nystagmus, and walk-and-turn test. In some cases, police may demand that you undergo a preliminary breath test. If you are found intoxicated with alcohol or other drugs, you will definitely be taken to jail.

Not all DUI cases in Nevada are these same. Depending on your situation, you can choose between taking a blood test or an evidentiary breath test. The police can also order a urine test. All drivers in Las Vegas are presumed to have offered their ‘implied consent’ to all tests.

Unwillingness to take these tests will have dire consequences including being forced to submit to the tests, suspension of your driver’s license for about three months, and if your case goes to trial, the jury might construe your refusal to submit to tests as evidence of your guilt.

Once you are arrested for DUI-related cases, the police officer will typically impound your car. The punishments for driving under the influence of drugs vary significantly. For instance, if it’s your first time to be convicted for DUI, your punishment will be different from someone being convicted for the second time or third time. Regardless of how simple your case may seem, consider hiring an attorney to help you build a strong defense.

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