Nevada DUI penalties by offense tier
Which tier your case falls into matters far more than anything about how the stop went. It turns on prior convictions, on how far back Nevada counts them, and on whether anyone was hurt.
Last reviewed October 14, 2026
Penalty tiers at a glance
| Tier | Class | Jail | Fine | Interlock | Lookback |
|---|---|---|---|---|---|
| DUI, first offense within 7 years NRS 484C.400(1)(a) | Misdemeanor | 2 days to 180 days, or 48 to 96 hours of community service | $400 to $1,000 | Required, 6 months | 7 years |
| DUI, third offense within 7 years (felony) NRS 484C.400(1)(c) | Category B felony (felony) | 365 days (1 year) to 2,190 days (6 years) | $2,000 to $5,000 | 7 years | |
| Refusal of evidentiary testing NRS 484C.210 |
Jail and fine figures are the range the statute allows, not what a first appearance usually produces. Fines exclude court costs, assessments, interlock lease costs and reinstatement fees.
Each tier in detail
DUI, first offense within 7 years
NRS 484C.400(1)(a)- Class
- Misdemeanor
- Jail
- 2 days to 180 days, or 48 to 96 hours of community service
- Fine
- $400 to $1,000
- Lookback
- 7 years
Two days to six months in jail, or 48 to 96 hours of community service in place of the jail minimum, and a $400 to $1,000 fine. DUI school, an eight hour education program and a victim impact panel are required. An ignition interlock is required for at least six months on any restricted license during revocation and on reinstatement.
Nevada also charges DUI on evidence of impairment below 0.08 under NRS 484C.110, so 0.08 is a per se threshold rather than a floor for prosecution. The per se limits are 0.08 general, 0.04 for a commercial license and 0.02 under 21.
DUI, third offense within 7 years (felony)
NRS 484C.400(1)(c)- Class
- Category B felony
- Jail
- 365 days (1 year) to 2,190 days (6 years)
- Fine
- $2,000 to $5,000
- Lookback
- 7 years
A third offense within seven years is a category B felony carrying one to six years in state prison and a $2,000 to $5,000 fine.
Refusal of evidentiary testing
NRS 484C.210- License
- 365 days (1 year)
Refusing evidentiary testing carries a one year revocation for a first refusal, and it runs in addition to the revocation for the DUI itself rather than instead of it. A first offense with a refusal produces one year for the refusal on top of the revocation for the DUI.
So a driver who refuses testing faces a materially longer loss of license than one who fails the test, which is the opposite of what many drivers assume.
Where this leaves you
A tier is not a sentence. Which one applies, and what actually happens inside its range, is what a defense lawyer argues about.