Welcome to Legal Help
Home Nevada DUI Laws Frequently Asked Questions about DUI in Nevada

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Frequently Asked Questions about DUI in Nevada

How do DUI’s differ for underage offenders?

Like all states, Nevada has a zero-tolerance law making it illegal for motorists under the age of twenty-one to drive with even a negligible amount of alcohol in their system. Underage drinking and driving can have a severe impact on a minor’s life in Nevada. If a driver under the age of twenty-one is found with a BAC OF 0.02% or more he/she is subject to driver’s license suspension for ninety days, criminal penalties may be imposed and he/she may be required to file an SR-22, proof of financial responsibility. Further, a licensed driver under the age of eighteen found to be driving under the influence of alcohol or a controlled substance or a driver under the age of twenty-one convicted of a DUI, will be required to undergo evaluation for alcohol or drug abuse. The judge may, based on this evaluation, order alcohol or drug treatment for the offender.

Can I be stopped and arrested for DWI even if the vehicle was not moving?

In Nevada, you may be charged with a DUI if you are “driving or in actual physical control of a vehicle” in a public area. Whether you were in actual physical control of the vehicle is up to the judge’s discretion and the judge may look to several factors such as whether the car was turned on or not, what position you were in inside the vehicle, the location of the car keys, whether the engine was running etc. Thus, you may be stopped and arrested for a DWI even if the vehicle was not moving.

Do I have the right to talk to an attorney before I give a sample?

If you are arrested for a DUI, you do not have the right to speak to your attorney before submitting to a test for alcohol or controlled substances. You must submit to chemical tests to determine your BAC and the police officer may use reasonable force to obtain a blood sample from you.

Do I have to give a blood or urine sample?

If arrested for a DUI, the police officer will likely request that you submit to a preliminary breath test and a follow-up blood or urine sample. Because of Nevada’s implied consent law, you must submit to such testing and refusal to do so will result in an automatic seizure of your driver’s license, arrest, and again the police may use reasonable force to obtain a blood sample from you.

Do I have to submit to a field sobriety test?

Field sobriety tests in Nevada are optional, and you do not have to submit to one. However, refusal to do so may give the police officer probable cause to arrest you and submit you to full evidentiary testing.

What happens if you are an out of state driver convicted of a DUI in Nevada?

If your driver’s license is suspended in Nevada and you are from another state, Nevada has no jurisdiction over licenses issued by other states and so your driving privileges would be suspended simply in Nevada. However, the Nevada DMV will report the local suspension to your local DMV and due to the interstate compact among the states; your home state will most likely honor Nevada’s suspension. Thus, it is important not to ignore a DUI conviction simply because you are from another state. The DUI conviction will follow you to your home state and your driving privileges will be affected there as well. Further, failure to show up for your DUI conviction, or your attorney on your behalf, will result in you being arrested in your home state and extradited back to Nevada to face your charges.

What are lawful/unlawful stops in the state?

Generally a police officer can stop a person if he is violating a traffic law, if he is suspected of being engaged in criminal activity, or to make an arrest for criminal activity. In DUI cases, a police officer can lawfully stop a motorist if the officer suspects that the motorist may be drunk or otherwise impaired. However, a police officer must have probable cause or suspicion of wrongdoing to conduct a traffic stop. If the police officer has no probable cause or suspicion of wrongdoing, this is not a lawful stop and this is one way to challenge a DUI charge.

Once pulled over, police officers may conduct field sobriety tests: the test observes a suspect’s attention level, balance and other factors that can be used to determine whether the suspect has been driving under the influence.

Further, law enforcement can occasionally set up DUI checkpoints in an attempt to catch drunk drivers. These checkpoints consist of roadblocks at busy areas and motorists are randomly selected for screening.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!