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Nevada DUI Penalties

Implied Consent Laws

Laws call for drivers alleged of driving under the influence to concede to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include compulsory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Nevada, any driver with a blood-alcohol absorption - or BAC - above .08 percent is measured “per se intoxicated” under the law. Under this statute, this corroboration is all that is needed for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” centre of attention on drivers not of legal drinking age. In Nevada, persons under the age of 21 operating a car with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more strict punishment for those convicted of DUI with a particularly high blood-alcohol content at the instant of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Nevada.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties compulsory on drivers with a blood-alcohol concentration above Nevada’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for declining to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning temporary or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Nevada, for the earliest DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The consequence of vehicle confiscation for DUI conviction – either enduringly or temporarily - is a likelihood in some states, usually for repeat offenders. This is not a penalty option in Nevada.

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Ignition Interlock

An ignition interlock device attaches to the condemned DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a prospect in some states, this is not an option in Nevada.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol schooling and prevention program, treatment for alcohol abuse, and assessment of a person for possible alcohol or drug dependency can be required for DUI offenders in Nevada. These steps are often recommended instead of serving a sentence of incarceration or paying fines.

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