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Las Vegas Legal Guide

Nevada DUI Penalties: 1st, 2nd, 3rd & Felony

Short answer

Nevada DUI penalties escalate sharply with each offense inside a 7-year lookback under NRS 484C.400. A first DUI is a misdemeanor: 2 days to 6 months in jail (often served as community service), $400–$1,000 in fines, DUI school, a victim impact panel, and a 185-day license suspension. A second DUI within 7 years is still a misdemeanor but adds 10 days to 6 months of jail or residential confinement plus a mandatory ignition interlock. A third DUI within 7 years becomes a category B felony — 1 to 6 years in prison. And any DUI causing substantial bodily harm or death is a category B felony carrying 2 to 20 years, regardless of priors. Every DUI also starts a separate 7-day clock to request the DMV hearing that protects your license. Freedom First Criminal Defense and DUI Lawyers offers a free, 24/7 case review at (702) 857-7197.

What to look for

1st offense (misdemeanor)

2 days–6 months jail (commonly community service), $400–$1,000 fine, DUI school, victim impact panel, 185-day license suspension, possible interlock.

2nd offense within 7 years (misdemeanor)

10 days–6 months jail or residential confinement, $750–$1,000 fine, mandatory ignition interlock, alcohol/drug treatment.

3rd offense within 7 years (felony)

Category B felony: 1–6 years in Nevada State Prison and $2,000–$5,000 in fines.

DUI causing injury or death (felony)

Category B felony: 2–20 years in prison, regardless of how many priors — one of the most serious DUI charges in Nevada.

The 7-year window that drives everything

Nevada counts DUI offenses within a rolling 7-year period. A second or third DUI inside that window triggers the escalating penalties above; once a prior falls outside 7 years, the count effectively resets for most purposes. This is why the exact dates of any prior DUI matter so much — and why an attorney scrutinizes whether a prior actually counts.

A separate rule makes any DUI a felony if you already have a prior felony DUI on your record, no matter how long ago.

Two cases, one arrest: court and the DMV

Every Nevada DUI starts two separate cases — the criminal case in court and an administrative case with the DMV over your driver's license. You have only 7 days from arrest to request the DMV hearing, or the license suspension takes effect automatically. Missing this deadline is one of the most common and costly mistakes after a DUI.

The two cases run on different rules and timelines, and a DUI defense handles both at once.

How DUI penalties get reduced

Penalty ranges are not verdicts. Most DUI defense targets the evidence behind the charge: the legality of the stop, the administration of field sobriety tests, the calibration and operation of the breath machine, the chain of custody on a blood draw, and Nevada's timing rules for testing. Weaknesses in any of these can mean a reduction to reckless driving, a dismissal, or a better resolution than the statutory minimum.

For the specific charge you are facing, the dedicated charge pages cover bail, defenses, and process in detail — and a free review will tell you which defenses fit your stop.

Frequently asked questions

Is a first DUI a felony in Nevada?

No. A first DUI within 7 years is a misdemeanor under NRS 484C.400 — though it still carries jail exposure, fines, DUI school, and a 185-day license suspension. A DUI becomes a felony on the third offense in 7 years, or any time it causes substantial bodily harm or death.

When does a Nevada DUI become a felony?

On the third DUI within 7 years (category B felony, 1–6 years prison), any DUI causing substantial bodily harm or death (2–20 years), or any DUI if you have a prior felony DUI.

How long do DUIs stay on your record in Nevada?

For sentencing, Nevada uses a 7-year lookback to count prior DUIs. For your criminal record, a misdemeanor DUI conviction can generally be sealed 7 years after the case closes; felony DUI causing injury or death cannot be sealed.

What is the 7-day rule after a Nevada DUI?

You have 7 days from the date of arrest to request a DMV hearing, or your driver's license is automatically suspended. It is separate from the court case and should be one of your first calls. Call (702) 857-7197.

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  • J.D., William S. Boyd School of Law, UNLV
  • Former Clark County Public Defender
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  • Member, State Bar of Nevada
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Thomas M. Wells, Esq.
Thomas M. Wells, Esq.
Lead Attorney · Freedom First Lawyers
JurisdictionState of Nevada
BarState Bar of Nevada
EducationUNLV Boyd School of Law
Experience10 Years Criminal Defense
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