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Driving Under the Influence

In Nevada, blood samples can be drawn involuntarily, on a first offense.

  • Legal Limits  .08 percent blood alcohol level or any detectable amount of a controlled substance. (.02 if under 21, .04 in commercial driving) 
  • Driver License revoked for 90 days upon arrest.
  • Vehicle may be impounded.
Contact us if you were charged with Driving Under the Influence.

(702) 382-3847

Vegas Defense Lawyer



Martin D. Hastings, Esq.
630 South Seventh Street
Las Vegas, Nevada 89101

Phone: (702) 382-3847
Fax: (702) 382-2828

Nevada DUI / DWI Laws

Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance

NRS 484.379 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.379 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Unlawful acts; affirmative defense; additional penalty for violation committed in work zone. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.3791 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Civil penalty.

NRS 484.3792 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Penalties; segregation of offender; probation, suspension of sentence and plea bargaining restricted; intermittent confinement; consecutive sentences.

NRS 484.3793 Evaluation and treatment for alcohol or drug abuse: Definitions.

NRS 484.37935 Evaluation and treatment for alcohol or drug abuse: Standards for approval of evaluation center.

NRS 484.37937 Evaluation and treatment for alcohol or drug abuse: Application by first-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.

NRS 484.3794 Evaluation and treatment for alcohol or drug abuse: Application by second-time offender to undergo program of treatment; sentencing of offender and conditional suspension of sentence; notice to Department.

NRS 484.37943 Evaluation and treatment for alcohol or drug abuse: Evaluation of certain offenders; evaluation to be conducted at evaluation center; exceptions; offender to pay cost of evaluation.

NRS 484.37945 Evaluation and treatment for alcohol or drug abuse: Placement of offender under clinical supervision of treatment facility; payment of charges for treatment; liability of facility limited.

NRS 484.37947 Evaluation and treatment for alcohol or drug abuse: Evaluation or treatment by private company authorized.

NRS 484.3795 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Penalty if death or substantial bodily harm results; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.3795 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Penalty if death or substantial bodily harm results; segregation of offender; plea bargaining prohibited; affirmative defense; aggravating factor. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.3796 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Evaluation of certain offenders before sentencing; persons qualified to conduct evaluation; results of evaluation to be forwarded to Director of Department of Corrections.

NRS 484.3797 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Offender to attend meeting of panel of victims and provide proof of attendance to court.

NRS 484.37975 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Mandatory suspension of registration of each motor vehicle registered to person convicted of second or subsequent violation; duration of suspension; court to forward copy of order to Department; contents of order; limited exceptions.

NRS 484.3798 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Fee for chemical analysis.

NRS 484.382 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Implied consent to preliminary test; failure to submit to test; use of results of test.

NRS 484.383 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Implied consent to evidentiary test; exemption from blood test; choice of test; circumstances in which police officer may direct person to submit to blood test; restrictions on requiring urine test; failure to submit to test; notification of parent or guardian of minor directed to submit to test.

NRS 484.384 Driving under the influence of intoxicating liquor: Test showing concentration of alcohol of 0.08 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.384 Driving under the influence of intoxicating liquor: Test showing concentration of alcohol of 0.10 or more in blood or breath; revocation of license, permit or privilege; periods of ineligibility to run consecutively. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.385 Driving under the influence of intoxicating liquor or prohibited substance: Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.385 Driving under the influence of intoxicating liquor or prohibited substance: Seizure of license or permit; order of revocation; administrative and judicial review; temporary license; sufficiency of notice. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.386 Driving under the influence of intoxicating liquor: Requirements for evidentiary test of breath to determine concentration of alcohol in breath; use of reasonable force to obtain sample or conduct test.

NRS 484.387 Driving under the influence of intoxicating liquor or prohibited substance: Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective until the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.387 Driving under the influence of intoxicating liquor or prohibited substance: Hearing by Department; additional temporary license; judicial review; cancellation of temporary license. [Effective on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receiving federal funding for the construction of highways in this State.]

NRS 484.388 Committee on Testing for Intoxication: Creation; appointment and qualifications of members; meetings; quorum; appeal from decision of Committee.

NRS 484.3882 Committee on Testing for Intoxication: Certification of breath-testing devices; creation and maintenance of list of such devices; presumption of accuracy and reliability of device; other evidence of concentration of alcohol in breath not precluded.

NRS 484.3884 Committee on Testing for Intoxication: Adoption of regulations to prescribe standards and procedures to calibrate breath-testing devices; issuance of certificates by Director.

NRS 484.3886 Committee on Testing for Intoxication: Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.

NRS 484.3888 Committee on Testing for Intoxication: Adoption of regulations for calibration of devices to test blood or urine and certification of persons who calibrate or operate devices or who examine operators; adoption of regulations concerning operation of devices to test blood or urine.

NRS 484.389 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Admissibility of evidence of refusal to submit to evidentiary test and results of test; availability of results of test.

NRS 484.391 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited.

NRS 484.393 Driving under the influence of intoxicating liquor or controlled or prohibited substance: Results of blood test not admissible in hearing or criminal action unless blood test and procedure for withdrawing blood meet certain requirements; immunity from liability for person administering blood test in certain circumstances.

NRS 484.3935 Driving under the influence of intoxicating liquor: Presumption that solution or gas used to calibrate device for testing breath is properly prepared.

NRS 484.394 Driving under the influence of intoxicating liquor: Analysis of blood of deceased victim of accident involving motor vehicle to determine presence and concentration of alcohol.

NRS 484.3941 Device to prevent person who has consumed alcohol from starting vehicle: “Device” defined.

NRS 484.3943 Device to prevent person who has consumed alcohol from starting vehicle: Imposition by court order; installation and inspection; exceptions.

NRS 484.3945 Device to prevent person who has consumed alcohol from starting vehicle: Penalties for tampering with or driving without device; probation and suspension of sentence prohibited; plea bargaining restricted.

NRS 484.3947 Device to prevent person who has consumed alcohol from starting vehicle: Regulations.


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Neither the State Bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert.  Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. This site is intended for Nevada residents and those with legal issues arising under the jurisdiction of the State of Nevada.  This site does not give legal advice or create an attorney-client relationship.  Laws are different in other states and localities, consult a local attorney.


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Copyright: David Matheny / Martin D. Hastings 2005-2008.










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