DUI Penalties in Nevada

DUI penalties in Nevada escalate faster than almost anywhere in the country — and in the past year they got tougher twice. A 2025 law doubled the minimum jail for a second offense; a 2026 law raised the maximum for a DUI that kills someone to 25 years. Most websites explaining Nevada DUI law were written before either change.

This guide is current. Below you’ll find every penalty level under NRS 484C — first, second, and third offense, felony DUI, and DUI causing injury or death — plus the license consequences, the ignition interlock rules, the treatment alternatives that can genuinely change an outcome, and what can never be undone. Wherever you are on this ladder, the details matter, and so does moving quickly.

Legally Reviewed By:

Orlando De Castroverde

Criminal Defense Attorney at De Castroverde Law Group

Member of the Nevada Justice Association’s Membership Committee; Guardian of Justice, Board of the Las Vegas Metropolitan Department Foundation, Nevada State Bar

September 11, 2026

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Nevada DUI Penalties at a Glance (NRS 484C.400 and Beyond)

Nevada measures DUI history over a 7-year lookback: prior offenses within seven years escalate the charge, and the ladder climbs from a misdemeanor with a two-day minimum to a quarter-century maximum. Three BAC numbers matter before you read the table: the standard limit is 0.08%, commercial drivers are held to 0.04% under NRS 484C.120, and drivers under 21 face administrative license consequences at just 0.02% under NRS 483.462. Here is the complete penalty ladder as of 2026:

Offense	Jail / Prison	Fine	License	Key conditions	Sealable?
1st offense (misdemeanor)	2 days–6 months (or residential confinement, or 48–96 hrs community service)	$400–$1,000	185-day revocation	DUI school; victim impact panel; treatment if BAC 0.16+; interlock 185 days	Yes — 7 yrs after case closes
2nd offense in 7 yrs (misdemeanor)	20 days–6 months (minimum DOUBLED by SB 309, eff. 10/1/2025)	$750–$1,000	1-year revocation	Mandatory treatment; one 48-consecutive-hour confinement segment; interlock 185 days	Yes — 7 yrs
3rd offense in 7 yrs (category B felony)	1–6 years state prison	$2,000–$5,000	3-year revocation	Prison mandatory unless the 484C.340 treatment program applies (see below)	NEVER
Any DUI after a felony DUI (category B)	2–15 years	$2,000–$5,000	3-year revocation	No 7-year limit — a felony DUI counts forever (NRS 484C.410)	NEVER
DUI causing substantial bodily harm (category B)	2–20 years	$2,000–$5,000	3-year revocation	Non-probationable; plea bargaining restricted (NRS 484C.430)	NEVER
DUI causing death (category B)	Up to 25 years (raised by AB 4, eff. 1/1/2026)	$2,000–$5,000	3-year revocation	Non-probationable	NEVER

Two things apply at every rung of this ladder. First, the victim impact panel under NRS 484C.530 — an in-person session, typically run by Mothers Against Drunk Driving, at your own expense — is mandatory for every DUI conviction in Nevada, first offense through felony. Second, the criminal penalties above run alongside a separate DMV license case with its own deadlines; the two tracks are covered in the license section below. Read your row, then read the section for your offense level — each one links to a deeper page on defending that specific charge.

What Changed in Nevada DUI Law in 2025 and 2026

Two laws rewrote parts of this page’s subject, and most of the internet hasn’t noticed. SB 309, effective October 1, 2025, doubled the minimum jail for a second offense from 10 days to 20, lowered the mandatory-treatment trigger from 0.18% to 0.16% BAC, added residential confinement as a first-offense alternative, and closed a loophole: being enrolled in a DUI treatment program from an earlier case now counts as a prior offense if you’re arrested again. AB 4, the “Safe Streets Act” effective January 1, 2026, raised the maximum sentence for a DUI that causes death to 25 years.

SB 309 made two other changes worth knowing. It rewrote the first-offense sentencing menu to add residential confinement — house arrest with monitoring — as an explicit alternative to jail, giving judges a middle option they previously improvised. And it tightened the felony diversion program: applicants now must accept electronic monitoring during the residential phase, and anyone previously ordered into the program is disqualified from a second chance at it.

Why this matters to you: if the advice you’re reading — or getting from a lawyer — is built on pre-2025 numbers, it’s wrong in the State’s favor. A defense built on the old 10-day assumption walks into a 20-day reality; a plea negotiated without knowing the 0.16% treatment trigger misses a mandatory condition. Verify that anyone advising you knows the current law — it’s a fair screening question for any DUI lawyer you interview.

First DUI Offense Penalties

A first offense within seven years is a misdemeanor: two days to six months of jail or residential confinement (or 48 to 96 hours of community service), a $400 to $1,000 fine, DUI school at your expense, the victim impact panel, and a 185-day license revocation with an ignition interlock condition. If your BAC was 0.16% or higher, a treatment program is mandatory. Jail beyond the minimum is rare for a clean first offense — but nothing is automatic, and the license clock starts at arrest, not conviction.

First offenders also hold the best cards in the deck. The NRS 484C.320 treatment election suspends the sentence for up to three years and cuts the license revocation in half the day you enter the program. The evidence is at its most challengeable — one stop, one test, one officer’s report. And a first offense is the only level at which courts routinely convert confinement to community service. Our complete guide to a first DUI in Las Vegas covers the arrest-to-resolution timeline, the DMV’s 7-day hearing window, and the defenses that work.

Second DUI Within 7 Years: the New 20-Day Minimum

A second offense is where Nevada stops being lenient. Since October 2025 the minimum is 20 days of jail or residential confinement — doubled from the old 10 — with a maximum of six months, a $750 to $1,000 fine, mandatory treatment, and a full one-year license revocation with no restricted license during it. The sentence must include at least one segment of 48 consecutive hours of confinement.

Timing is everything: whether a prior falls inside the 7-year window is measured offense date to offense date, and time you spent incarcerated on the earlier case doesn’t count toward the seven years. If you’re anywhere near the boundary, that calculation alone is worth a lawyer’s review. Second offenders also have their own treatment path: NRS 484C.330 allows application to a program of at least one year, with the sentence suspended during it and reduced on completion. See our page on multiple DUI convictions for how second-offense cases are defended and when the treatment route beats fighting.

Third DUI in 7 Years: the Felony Line

A third offense within seven years is a category B felony: one to six years in state prison and a $2,000 to $5,000 fine. “Category B” is Nevada’s second-most-serious felony class, and the conviction carries every collateral consequence a felony brings — firearm rights, professional licenses, immigration exposure, and a record that can never be sealed. The statute does provide that DUI offenders be segregated from violent offenders where practicable, but prison is prison. Probation is not available, and under NRS 484C.420 prosecutors cannot simply plead a DUI down. But Nevada built one escape hatch, and it’s significant: under NRS 484C.340, a defendant facing felony DUI may plead guilty and apply for a treatment program of at least three years, including at least six months of residential confinement and a 12-month ignition interlock, now with electronic monitoring under SB 309. Complete it, and the judgment is entered as a second-offense misdemeanor instead of a felony — no prison, no felony record, no lifetime seal bar. Failing it means sentencing on the original felony. Whether to take that bargain is one of the most consequential decisions in Nevada felony DUI defense.

DUI After a Prior Felony DUI: No Second Chances

Under NRS 484C.410, once you have any felony DUI conviction, every future DUI is automatically a category B felony carrying two to fifteen years — no 7-year window, no treatment alternative, forever. Nevada lawyers call it “once a felon, always a felon.” A driver with a 2010 felony DUI who picks up a routine stop in 2026 is facing prison, not a misdemeanor.

What counts as a prior felony DUI is broader than most people assume: a felony third offense, a DUI causing injury or death, an equivalent out-of-state felony conviction — and, since SB 309, even being under a current felony-diversion order counts. This is the single most misunderstood rule in Nevada DUI law, and it’s why resolving any current case below the felony line matters for the rest of your life.

DUI Causing Injury or Death

When a DUI crash seriously hurts someone, the misdemeanor framework disappears entirely. DUI causing substantial bodily harm is a category B felony carrying two to twenty years, non-probationable, with plea bargaining restricted by statute. A DUI causing death now carries up to 25 years under AB 4. These cases are prosecuted like violent felonies — accident reconstruction, blood warrants, expert witnesses — and defended the same way.

Note what “non-probationable” means here: even a first-time offender with a spotless record cannot receive probation if convicted — prison is the floor, which is why these cases are tried, not pleaded, far more often than ordinary DUIs. Causation is usually the battlefield: the State must prove the impairment caused the injury, not merely that a crash happened while you were over the limit. If this is your situation, start with our pages on DUI with injury and DUI causing death, and then call us; the first days of evidence preservation matter enormously.

Aggravating Factors That Push Penalties Higher

Within every level of the ladder, certain facts move a case toward the statutory maximum — or onto a higher rung entirely. A BAC of 0.16% or higher makes treatment mandatory and marks the file as aggravated in every prosecutor’s eyes; 0.18% or higher extends the ignition interlock period to as long as three years. A child under 15 in the vehicle is an aggravator Nevada judges weigh heavily at sentencing. A collision — even without serious injury — reframes the whole negotiation, and a refusal to test brings its own license consequences and a warrant for a blood draw. None of these facts decide a case by themselves, but each one shrinks the space for leniency, which makes early, aggressive defense work more valuable, not less.

DUI Court and Specialty Programs: How Nevada Trades Punishment for Treatment

Alongside the penalty ladder, Nevada runs a parallel system that most defendants never hear about until a lawyer explains it. The treatment programs of NRS 484C.320 (first offense), 484C.330 (second offense), and 484C.340 (felony third offense) are the formal statutory routes — apply, qualify, complete a supervised program of six months to three years, and the sentence that was hanging over you shrinks or, at the felony level, converts to a misdemeanor. Under NRS 484C.394, eligible defendants can also be assigned to a specialty court program — intensive supervision, testing, and treatment under a judge who handles these cases exclusively. Veterans and active-duty military may qualify for veterans treatment court under NRS 176A.290.

Be clear-eyed about the trade. These programs are demanding: expect frequent testing, mandatory counseling, interlock requirements, fees, and real consequences for any slip — and at the felony level the guilty plea is entered first, so failing the program means being sentenced on the original felony with nothing left to argue. Admission is not automatic either; the court weighs the evaluation, the record, and the advocacy in front of it. But for defendants whose real problem is alcohol rather than evidence, these programs are routinely the best outcome on the board — supervised recovery instead of a cell, and at the third-offense level, a misdemeanor record instead of a lifetime felony. Getting admitted is an advocacy task, not a formality.

The Real Cost of a Nevada DUI: Beyond Jail and Fines

The statutory fine is the smallest number on the invoice. A Nevada DUI conviction also brings court fees and assessments, DUI school tuition, victim impact panel fees, ignition interlock installation and monthly rental for at least 185 days, license reinstatement fees, and an SR-22 insurance requirement that reclassifies you as a high-risk driver — typically doubling or tripling premiums for years. Commercial drivers face a separate disaster: a first DUI in any vehicle triggers CDL disqualification rules that can end a driving career regardless of what happens in criminal court. Non-citizens need immigration-aware counsel before accepting any plea. And until the conviction is sealed, it appears on every background check a landlord, employer, or licensing board runs. When people say a DUI costs five figures, this page is the itemization — and it’s why the defense investment usually pays for itself.

Your License: Revocation and Ignition Interlock Timelines

License penalties run on their own track through the DMV, starting at arrest. Under NRS 483.460 the revocation is 185 days for a first offense, one year for a second, and three years for a third or any felony DUI. An ignition interlock device — a breath tester wired to your ignition — is the price of restricted driving: at least 185 days on a first or second misdemeanor offense under NRS 484C.460, and 12 to 36 months if your BAC was 0.18% or higher or the offense was a felony. Driving without a required interlock triggers its own 3-year revocation. Two mitigators exist: entering the first-offender treatment program halves the revocation period, and a properly requested DMV hearing keeps you driving until it’s decided. Details on both are on our ignition interlock devices and license revocation pages.

What's Mandatory, What's Negotiable, and Where a Lawyer Changes Outcomes

Some of this ladder is fixed by statute: the minimum confinement terms, the victim impact panel, the revocation periods, and the NRS 484C.420 rule that a DUI can’t be dismissed or reduced by plea unless the charge can’t be proven. That last clause is the entire game. “Cannot be proven” is exactly what a defense lawyer builds: an unlawful stop, an uncalibrated breathalyzer, a broken chain of custody on the blood draw, a two-hour-window problem. Create genuine proof problems and the statute itself permits the reduction — that’s how Nevada DUIs become reckless driving. And where the evidence holds, the treatment programs under NRS 484C.320, 484C.330 and 484C.340 convert jail time into supervised recovery at every offense level. The difference between the statutory maximum and the realistic outcome is representation.

Remember also that everything above describes the criminal court track. The DMV runs its own case against your license on its own calendar, with a 7-day hearing deadline that arrives before you’ve seen a courtroom — and winning or losing there is independent of the criminal outcome. A complete DUI defense fights both tracks from day one, because a dismissed charge is cold comfort if the license was forfeited by a missed deadline in week one.

Can DUI Penalties Ever Come Off Your Record?

Misdemeanor DUI convictions — first and second offense — can be sealed seven years after the case closes under NRS 179.245. Felony DUI can never be sealed: not the third offense, not DUI causing injury or death, not a post-felony DUI. That permanence is worth reading twice, because it’s the strongest argument for fighting hard at the misdemeanor level.

Sealing is a petition process, not an automatic event: the seven-year clock runs from release from custody or the end of your sentence terms, the petition goes through the court that convicted you, and once granted, the arrest and conviction disappear from the background checks employers and landlords run. A dismissal or acquittal can be sealed immediately, with no wait. Our record sealing guide explains the petition process and timeline step by step.

Talk to a Las Vegas DUI Defense Team That Knows the Current Law

Nevada’s DUI penalties changed twice in the past year, and the difference between old information and current law can be measured in jail days. De Castroverde Law Group defends DUI cases at every level of this ladder — from first offenses resolved without jail to felony trials — with former prosecutors on the team and a fully bilingual practice. Whatever the DUI penalties in Nevada look like for your case, the earliest call gets the best options. Talk to our Las Vegas DUI attorney team today — the consultation is free.

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Nevada DUI Penalties — Frequently Asked Questions

The statute sets minimum confinement at every level — but for first offenses, courts may substitute residential confinement or 48 to 96 hours of community service, and the treatment programs can suspend sentences at every level. Practically, many first offenders serve no traditional jail. From the second offense up, the minimums have real teeth: 20 days minimum on a second offense since SB 309, and prison on felonies.

Forever, unless sealed. Misdemeanor DUIs become sealable seven years after the case closes; felony DUIs are never sealable. For insurance and DMV purposes, the 7-year lookback controls how a new offense is charged.

Nevada’s per se limit is 0.08% BAC within two hours of driving (0.04% for commercial drivers, 0.02% under 21). At 0.16% or higher — twice the limit — a treatment program becomes mandatory on a first offense. At 0.18% or higher, the ignition interlock period jumps to 12 to 36 months.

Yes. A DUI conviction from any state counts toward Nevada’s 7-year escalation ladder if the offense would have been a DUI here. Nevada also reports its convictions back — a Nevada DUI follows you home.

Not in the dismissal sense — a standard DUI cannot be diverted and erased. What Nevada offers are the treatment programs of NRS 484C.320 through 484C.340: sentence suspension and reduction for misdemeanors, and the felony-to-misdemeanor conversion described above for third offenses. Veterans may qualify for veterans treatment court. Each requires applying, qualifying, and finishing — which is where experienced counsel earns its keep.

On a first offense, yes — with an ignition interlock device installed for at least 185 days, you can drive to work, school, and treatment during the revocation. On a second offense, the one-year revocation allows no restricted license. Requesting the DMV hearing within 7 days of arrest also preserves your driving privilege until the hearing is decided, which is often the most valuable license move in the whole case.

Commercial drivers are held to a 0.04% BAC in a commercial vehicle under NRS 484C.120, and a DUI conviction in any vehicle triggers CDL disqualification consequences that outlast the criminal case. Drivers under 21 face administrative license suspension at just 0.02% under NRS 483.462 — a level one drink can reach — on top of the ordinary DUI framework if they hit 0.08%.

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