Alcohol is a mind-altering drug that works as a sedative. It changes the way you think and act. It affects judgment and coordination. In 2005, it was a factor in over 37 percent of Nevada’s highway deaths.
Usually, the term drug refers to controlled substances, such as marijuana or cocaine that are illegal. However, this term can also apply to prescription and over-the-counter medications. There are many drugs such as tranquilizers, sleeping pills, cold and allergy medicines, and pain medications that can affect your driving ability.
The effects of any drug can vary significantly from one person to another, and can also vary in the same person at different times.
Taking more than one drug at a time is particularly dangerous because each one can add to the impact of the other. This is especially true when one of the drugs is alcohol.
Nevada laws on driving under the influence (DUI) of alcohol or drugs are tough.
Under these laws, there are two types of penalties:
Administrative, which is an action taken against a driver by the Nevada Department of Motor Vehicles, regardless of the court findings.
Criminal, which is action taken by the court system.
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. If you are convicted of a felony DUI, you will be charged with a felony in any subsequent DUI arrest.
Convictions and license revocations remain on your full DMV record for the rest of your life. A DUI conviction may show on your driver history for up to ten years. A license revocation is reported until the driving privilege is reinstated.
Tough DUI laws also apply to young drivers. A licensed driver under the age of 18, found by juvenile court to have been driving under the influence of alcohol or a controlled substance, will have his or her license suspended for 90 days.
A driver under the age of 18 who is found by juvenile court to have been driving under the influence, or a driver under the age of 21 who is convicted of a DUI, will be required by the court to undergo evaluation for alcohol or drug abuse. The judge may, based upon the evaluation report, order alcohol or drug treatment for the offender.
Nevada’s open container law makes it illegal to have alcoholic beverages, which have been opened, in the driver or passenger areas when a vehicle is being driven. It does not apply to the living quarters of motor homes or house trailers, or to the passenger areas of commercial buses, limousines or taxis.
If you are found guilty of a DUI offense and you had passengers under the age of 15 in the vehicle you were driving, the court will consider that as an aggravating factor in determining your sentence.
If you plead guilty or are found guilty of DUI (alcohol or drugs) and a chemical test was conducted, the court will impose an additional $60 fine to cover the costs of the chemical analysis.
A person driving or in actual physical control of a vehicle is deemed to have given his consent to breath or blood tests. If an officer suspects you are driving under the influence, you will be asked to take blood, breath or urine tests. These tests are given to determine if you have used alcohol or drugs. You cannot refuse the tests. . An officer may direct that blood samples be drawn even on a first offense. Refusal is grounds for an arrest. Law enforcement may use reasonable force to obtain blood samples. (NRS 484C.150, 484C.160, 484C.200)
“Illegal per se” means that the operation of a vehicle by a person with a blood alcohol content (BAC) at or above the legally defined threshold constitutes an offense of impaired driving in and of itself. Under Nevada’s Illegal Per Se Law, if chemical tests show an alcohol concentration of .08 percent or more, or any detectable amount of a controlled substance, your driving privilege will be revoked.
If you are under the age of 21 and a chemical test shows an alcohol concentration of .02 percent, but less than .08 percent, your driving privilege will be suspended. This is an administrative penalty and the officer can take your license immediately.
If you have a Commercial Driver’s License, Nevada’s blood alcohol limit is .04 or any detectable amount of alcohol or any detectable amount of a controlled substance, your driving privilege can be affected. More severe DUI penalties also apply, including lifetime disqualification from commercial driving.
Note: Even though an alcohol concentration of .08 percent is used as a guide, you can be arrested and convicted with a lower BAC reading or for driving under the influence of controlled or prohibited substances. (NRS 484C.110)
A driver license revocation is a separate action from any criminal case. Anytime you lose your license, you may appeal a revocation by asking for an administrative hearing through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet all reinstatement requirements and apply for a license to regain your driving privilege. A revocation which is not reinstated will remain on your record indefinitely and you will not be able to obtain a driver license in any state.
Below are penalties for a typical DUI first offense. Penalties for subsequent convictions are harsher. A third DUI within seven years or a DUI which involves death or substantial bodily harm are felony offenses.
.08 alcohol concentration or detectable amount of controlled substance in your blood (or .04 or more but less than .08 if you hold a commercial driver’s license), you will receive:
Driver’s license is revoked for 90 days.
$120 Reinstatement Fee
$35 Victims Compensation Civil Penalty
$22 Driver License Fee
DMV Tests – Vision, Knowledge, possibly Skills
May be required to fi le an SR-22 Certificate of Liability Insurance required for three years, Proof of Financial Responsibility.
The lifelong disqualification from commercial driving.
Criminal penalties may be imposed.
.02 alcohol concentration for drivers under 21 years of age
Driver’s license is suspended for 90 days.
$120 Reinstatement Fee
$35 Victims Compensation Civil Penalty
$22 Driver License Fee
DMV Tests – Vision, Knowledge, possibly Skills
May be required to file an SR-22 Certificate of Liability Insurance required for three years , Proof of Financial Responsibility.
Criminal penalties may be imposed.
First DUI offense:
Arrest
Vehicle Impounded
Chemical Test Fee $60
Victim Impact Panel
Driver’s license revoked for 90 days. After half the revocation period has been completed a restricted license may be issued.
Jail sentence of 2 days to 6 months, or 96 hours of community service.
Fine of $400 to $1,000.
Payment of tuition for DUI school; average cost is $150.
May be ordered to attend a program of treatment when the concentration of alcohol in your blood or breath is .08 or more.
Second DUI offense within 7 years:
Driver’s license revoked for 1 year; not eligible for restricted license.
Jail sentence or residential confinement of 10 days to 6 months.
Fine of $750 to $1,000.
100 to 200 hours of community service.
Possible vehicle registration suspension.
May be ordered to attend a program of treatment or be placed under clinical supervision of a treatment facility for treatment for up to one year.
Subsequent DUI offense within 7 years:
Driver’s license revoked for 3 years; a restricted license may be issued; contact your local DMV office for more information.
Prison sentence of 1 to 6 years.
Fine of $2,000 to $5,000.
Possible vehicle registration suspension.
May be ordered to attend a program of treatment for a minimum of 3 years.
DUI causing death or serious injury:
Driver’s license revoked for 3 years.
Prison sentence of 2 to 20 years.
Fine of $2,000 to $5,000.
Text provided by the following:
Nevada Department of Motor Vehicles & Nevada Department of Transportation http://www.dmvnv.com/pdfforms/qtdui.pdf
Nevada Department of Motor Vehicles – Nevada Drivers Handbook October 2011 Chapter 8
