Our experienced legal team offers trusted guidance across a wide range of services. We provide clear advice, practical solutions, and support at every step. Contact us today to discuss your situation and move forward with confidence.
Nevada law forbids anyone from drinking an alcoholic beverage while they are driving or in actual physical control of a motor vehicle. In addition, it is unlawful for anyone to have an open alcoholic beverage container in the passenger area of a motor vehicle while the motor vehicle is being driven. This statute is separate and apart from Nevada’s drunk driving laws.
DUI means Driving Under the Influence of alcohol or drugs (whether prescription or illegal drugs). You can also violate the DUI laws by driving with 0.08 or more blood alcohol level or if a blood or breath sample within 2 hours of driving is 0.08 or more – unless you can prove that you consumed the alcohol AFTER driving.
You may be arrested for DUI if it is shown that alcohol has impaired your ability to safely drive or control a vehicle, even when your blood alcohol level is below 0.08 percent.
If arrested, officers may require breath or blood testing. Refusing these tests can result in immediate license seizure, arrest, and the use of reasonable force to obtain a sample.
You do not have the right to speak with an attorney before taking a DUI test. These tests are not considered custodial interrogation, and refusal can lead to legal consequences.
You can be charged with DUI even if not driving. Being in control of a vehicle while impaired—such as sitting in the driver’s seat—can lead to arrest and penalties.
Despite Nevada’s legalization of cannabis for adults 21 and older, driving under the influence of marijuana is still illegal in Nevada. Nevada law treats marijuana-related DUI the same as alcohol-related DUI. You do not need to be actively driving to be charged. Just sitting in the driver’s seat parked, or even sleeping in the vehicle, if you are high can be cause for a DUI arrest.
Because breathalyzers do not detect marijuana, when pulled over for suspected marijuana use, drivers are instead to submit to a blood test. Be aware, new laws effective January 1, 2026 (AB4) have expanded to strictly apply to felony DUI cases, meaning in serious cases involving injury or death, the stricter marijuana impairment standards now fully apply.
Committed a Felony DUI if you cause an accident while under the influence that results in death or “substantial bodily harm” to another person.
You have committed a Felony DUI if you receive a third DUI conviction within seven years, including a conviction from another state.
It is important to note that a DUI conviction from any state within seven years of the current DUI case will count as a prior conviction in Nevada.
If you are arrested for a DUI, you will go to jail, be transported for blood alcohol testing, and have the opportunity to post bail for your release.
You will face the possibility of losing your license if you are arrested for DUI, even if you are not convicted criminally of the DUI. Prior to revoking your driver’s license, DMV will provide you the opportunity to challenge the revocation through a DMV hearing in front of an administrative hearing officer. The opportunity to request such a hearing is time sensitive; therefore, it is very important to contact Posin Law Group as soon as possible after your arrest so we can protect your driving privileges.
Your first DUI may result in a 185-day requirement of a Breath Interlock device in your vehicle, with that period increased to one year for your second conviction. Your third DUI offense may result in a loss of driving privileges or a requirement of a Breath Interlock device in your vehicle for three years. The revocation begins five days after the notice is mailed by DMV or on the date indicated on the temporary license if your license is seized by the police at the time of arrest. A driver is required to notify DMV of his or her current address so it is not a defense that the driver did not receive notice. You may request a hearing on the revocation through DMV. You may appeal the revocation of your driver’s license through a DMV hearing.
If you are charged with a DUI e-mail or call Posin Law Group at (702) 396-8888 so that our attorneys can help in your defense.
Driving with a revoked license will result in a penalty of 30 days in jail or 60 days house arrest and a $500-$1000 fine. Additionally, your license will be revoked for an additional period of time. After your revocation period has expired, you must reapply for your license through the DMV (including all tests and fees) and you will be required to carry an SR-22 insurance policy for three consecutive years following your offense.
If you are charged with a DUI e-mail or call Posin Law Group at (702) 396-8888 so that our attorneys can help in your defense.
