|
|
|
DUI RESOURCE CENTER
Penalties for DUI/Suspensions in Nevada
The penalties for driving under the influence depend on whether one has had a DUI conviction within the past SEVEN (7) years. The 7-year "washout" period is calculated from the prior DUI arrest date to the current DUI arrest date.
CONVICTION: A person that pleads no contest, pleads guilty or is found guilty at trial is subject to the following judicial penalties:
DUI FIRST OFFENSE:
JAIL: 48 hours up to a maximum of six (6) months imprisonment, or, at least ninety-six (96) hours of community service. The court may allow you to do community service in lieu of the mandatory jail time.
FINES AND ASSESSMENTS: A minimum of $340.00 to a maximum of $1,175.00 (DUI fines and assessments).
SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction for a 1st offense DUI results in a 90-day suspension of driving privileges. It is possible to obtain a restricted license that allows driving to, from, and in the course of employment after 45 days have passed.
OTHER PENALTIES: The Court will always impose the requirement that you attend an 8-hour course of DUI school, a DUI assessment program with a $100.00 fee if the blood alcohol is .18% or more, and a Victim Impact Panel with a $50.00 fee. The court may also order a Breath Interlock Device be attached to your vehicle (at your expense) for three to six months.
DUI SECOND OFFENSE:
JAIL: Minimum of TEN (10) days up to SIX (6) months.
FINES AND ASSESSMENTS: Fines and assessments of SIX HUNDRED SEVENTY-FIVE DOLLARS ($675.00) to ONE THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS ($1,175.00).
LOSS OF LICENSE: ONE (1) year
OTHER PENALTIES: The court may order ONE HUNDRED (100) to TWO HUNDRED (200) hours community service, DUI assessment program, treatment program, Breath Interlock Device from SIX (6) to TWELVE (12) months, Victim Impact Panel, and a THIRTY-FIVE DOLLAR ($35.00) civil penalty to the Department of Motor Vehicles.
DUI THIRD OR SUBSEQUENT OFFENSE:
Conviction of three or more DUI's within SEVEN (7) years of the date of the first DUI arrest is a FELONY.
JAIL: A minimum of ONE (1) year to SIX (6) years in a Nevada State Prison.
FINES AND ASSESSMENTS: TWO THOUSAND EIGHTY-FIVE DOLLARS ($2,085.00) to FIVE THOUSAND EIGHTY-FIVE DOLLARS ($5,085.00).
LOSS OF LICENSE: THREE (3) years
OTHER PENALTIES: Breath interlock device from TWELVE (12) to THIRTY-SIX (36) months from release from prison, Victim Impact Panel, THIRTY-FIVE DOLLARS ($35.00) civil penalties to the Department of Motor Vehicles.
DRUG OFFENSES IN DUI CASES:
While a DUI offense involving drugs may be prosecuted by the State as a misdemeanor, beyond the misdemeanor DUI/ Drugs penalties set forth above, Nevada law specifies that possessing ANY amount of a controlled substance, for instance marijuana or cocaine, is a felony.
DRIVING WHILE YOUR LICENSE IS SUSPENDED: If your license is suspended or revoked due to a DUI, either through the criminal courts or an administrative proceeding, and you are caught driving while your license is suspended, the minimum penalty is THIRTY (30) days in jail. You also could be ordered to pay a $1,000 fine and lose your driver's license for an additional year, without the opportunity to have a restricted license for driving to and from work.
DUI ACCIDENT THAT RESULTS IN DEATH OR SUBSTANTIAL BODILY HARM: If you are convicted of a DUI offense in which an accident occurred that resulted in the death or substantial bodily harm of another person, it is a FELONY conviction, even if it is your first DUI. The penalty is a minimum of TWO (2) years and a maximum of TWENTY (20) years in prison and a fine of not less than TWO THOUSAND DOLLARS ($2,000) nor more than FIVE THOUSAND DOLLARS ($5,000).
How Long Will I Be Punished for my DUI?
Court-ordered probation for DUI offenders usually lasts three (3) to five (5) years. During probation, offenders must keep insurance and an SR-22 on file for three years, and must not:
Commit any criminal offense.
Drive with any measurable alcohol in their blood.
Refuse to submit to a chemical test upon request.
Fail to pay a fine, assessment or restitution.
How Does a DUI Affect SR-22 Insurance Rates?
Your insurance rates are determined by many factors. Among these rating variables are: age, marital status, driving experience, driving history, and where you live. The SR-22 is only a certificate that proves you have met the states financial responsibility (insurance) requirements. Many insurance companies will not insure SR-22 clients, and those companies that insure this type of driver may have slightly higher rates. Generally, insurance rates can increase approximately 30%-40% from similar insurance with a Safe Driver insurance company
Return to Main Page
|
