In the state of Nevada you are considered driving under the influence, or a Nevada DUI, if you are driving while you have alcohol or drugs in your system and your driving is obviously impaired and unsafe. This does not require a specific blood alcohol content level (BAC). The state does have a per se law which states that it is illegal to drive with a BAC of .08% or higher, even if your driving appears to be safe. If either of these situations is true, you can be arrested and convicted of a Nevada DUI offense.DUI Arrests in Nevada
Nevada has recently enacted an implied consent law. Under this law, the fact that you are driving in the state means you are implying your consent to have a blood or breath BAC test. You do not have the right to refuse to take this test, and if you do refuse, the police can use force to obtain a blood sample.
When you are arrested for DUI in Nevada, you will face two separate cases. The court case is where the majority of your penalties will be delivered. You will also face a DMV case, which will determine the length of your license suspension. However, you will not automatically receive the DMV case, as you have to request it. If you do not request one correctly, you will automatically lose your right to drive in the state. You should contact a Nevada DUI lawyer to help you file the necessary paperwork to receive this hearing.Basic Consequences for First Time Offenders
If you are convicted of a Nevada DUI for the first time, you can expect to face the following consequences at your court hearing:
You may be a first time offender even with a DUI conviction in your past. After seven years, previous DUI convictions are not considered when deciding whether or not you are a first time offender. If you have a prior conviction in the last seven years, you will face stricter consequences.License Suspensions for Nevada DUI
Your Nevada DUI conviction will also cause you to lose your license as part of your DMV hearing. Typical license suspension times are as follows:
You may have the right to apply for a restricted license that allows you to drive to and from work or school after serving a portion of your suspension time. For a first time offender, the restricted license is available after serving a 45-day suspension. In order to get your license back, you will pay the following:
You will also have to present the SR-22 Certificate of Liability Insurance, which proves you have insurance coverage.Insurance Consequences
Getting the insurance needed for the SR-22 form will be difficult after a Nevada DUI conviction. Your current insurance company will either drop you completely or raise your rates tremendously. If you are forced to shop for a new insurance provider, you will find that the other insurance companies will be hesitant to give you insurance at a decent rate.