Las Vegas Criminal Lawyer
What Does “DUI” Mean in Nevada?
Understanding the Legal Definition and Scope of DUI Charges in Las Vegas
Driving Under the Influence (DUI) is one of the most common criminal offenses prosecuted in Nevada, particularly in Las Vegas. However, there are many misconceptions about what DUI really means under state law. Some people think it only applies to driving drunk. Others believe you must be “over the limit” to be charged. Still others are surprised to learn you can be arrested for DUI even if you were parked and asleep in your car.
In Nevada, DUI is defined broadly and enforced aggressively. Understanding how the law works can help you protect yourself—and your rights—if you’re ever stopped or arrested.
Legal Definition of DUI Under Nevada Law
Under Nevada Revised Statutes (NRS) § 484C.110, a person can be convicted of DUI if they:
- Drive or are in actual physical control of a vehicle,
AND - Are under the influence of alcohol, a controlled substance, a prohibited substance, or a combination of substances that impair their ability to safely operate a vehicle,
OR - Have a blood alcohol concentration (BAC) of 0.08% or more within two hours of driving.
The law allows for prosecution in two primary ways:
1. Impairment-Based DUI
Even if your BAC is below 0.08%, you can still be convicted if the prosecution proves you were impaired to a degree that rendered you unable to safely operate a motor vehicle.
2. Per Se DUI
This refers to situations where your BAC—or the amount of a controlled substance in your blood or urine—meets or exceeds the legal limit. In these cases, the prosecution does not have to show that you were physically impaired; the chemical result alone can support a conviction.
What Does “Actual Physical Control” Mean?
You don’t need to be actively driving a car down the road to be charged with DUI in Nevada. The law criminalizes being in “actual physical control” of a vehicle while impaired. That includes scenarios where:
- You are in the driver’s seat with the keys in the ignition or nearby
- The vehicle is turned on or capable of being started
- You are pulled over or parked but capable of putting the vehicle in motion
This means that even sleeping in your car while intoxicated—if you’re in the driver’s seat or have the ability to operate the vehicle—can lead to a DUI arrest. The courts consider the totality of the circumstances, including where the vehicle is parked, whether it’s running, and whether you made efforts to avoid driving.
DUI Includes More Than Alcohol
Nevada’s DUI laws are not limited to alcohol. You can be charged with DUI if you’re under the influence of:
- Illegal drugs (e.g., cocaine, methamphetamine)
- Prescription drugs (e.g., Xanax, oxycodone, Ambien)
- Marijuana, even if it was lawfully obtained and consumed
- Over-the-counter medications that impair your ability to drive
A valid prescription is not a defense to a DUI. If the substance impairs your ability to drive safely, you can be arrested and charged.
Legal Limits for Alcohol and Drugs in Nevada
Nevada law sets specific thresholds for alcohol and certain drugs. These are called per se limits, and they are outlined in NRS §§ 484C.110 and 484C.120.
Alcohol Limits:
- 0.08% BAC for drivers 21 and older
- 0.04% BAC for commercial drivers
- 0.02% BAC for drivers under 21
Controlled Substance Limits (Nanograms per Milliliter of Blood):
- Marijuana (Delta-9 THC): 2 ng/mL*
- Marijuana metabolite: 5 ng/mL*
- Cocaine: 50 ng/mL
- Methamphetamine: 100 ng/mL
- Heroin: 50 ng/mL
- PCP: 25 ng/mL
If your test results exceed these limits within two hours of driving, the state can pursue a per se DUI case regardless of whether you seemed impaired.
- per se DUI Limits for Marijuana apply only to Felony DUI allegations following recent amendments to Nevada law
No Requirement of Intent
DUI is a strict liability crime in Nevada. That means you don’t have to “intend” to drive drunk or impaired to be charged or convicted. All that matters is:
- You were operating or in control of the vehicle, AND
- You were impaired or over the legal limit
This can lead to unfortunate but legally valid arrests—even when someone genuinely believed they were safe to drive or pulled over to rest.
DUI Can Occur on Public and Private Property
Nevada’s DUI laws apply not just to highways and roads, but also to areas considered open to the public. This includes:
- Casino parking garages and hotel lots
- Store and restaurant parking areas
- Private communities or gated areas if accessible to the public
- Driveways or rural roads where public access is possible
The key issue is whether the area is accessible to the public—not whether it is technically private property.
Can DUI Charges Be Reduced?
Yes. In some cases, DUI charges in Nevada may be reduced to a lesser offense such as reckless driving or careless driving, typically as part of a negotiated plea. This is more likely if:
- There are evidentiary problems (e.g., improper stop, invalid test)
- The driver has no prior DUI convictions
- There were no injuries or aggravating circumstances
A reckless driving conviction carries lesser penalties than a DUI, but it is still a misdemeanor and will remain on your criminal record.
Importantly, a conviction for reckless driving in Nevada does not count as a prior DUI if you’re charged again in the future. It is not priorable—meaning it cannot be used to enhance future DUI charges. This differs from some other states, like California, where a “wet reckless” plea is considered a priorable DUI-related offense.
DUI Is a Serious Criminal Charge
Many people mistakenly believe that DUI is “just a traffic ticket.” In reality, it is a criminal offense that can carry severe and lasting consequences, including:
- Jail time
- Heavy fines
- Court-mandated alcohol or drug counseling
- Suspension or revocation of your driver’s license
- Mandatory installation of an ignition interlock device (IID)
- Increased insurance premiums
- Permanent criminal record
Even a first-time DUI in Nevada carries mandatory minimum penalties. A conviction cannot be sealed for at least 7 years.
Long-Term Consequences of a DUI Conviction
Aside from the immediate criminal penalties, a DUI conviction can affect:
- Employment: Particularly in careers involving driving, security clearance, or licensing
- Professional Licensing: Nurses, teachers, attorneys, and others may face disciplinary action
- Immigration: DUI can impact visa holders, green card applicants, and non-citizens
- Family Law: DUI allegations may factor into custody or visitation disputes
Defending Against DUI Charges
There are many ways to defend against a DUI charge in Nevada, including:
- Challenging the legality of the traffic stop
- Questioning the accuracy of the breath or blood test
- Attacking the credibility of field sobriety testing
- Arguing that the driver was not in actual physical control of the vehicle
- Showing that impairment was caused by a medical condition or unrelated factors
A knowledgeable DUI attorney can evaluate your case and identify weaknesses in the prosecution’s evidence.
Hire a Leading Las Vegas DUI Defense Lawyer
If you’ve been arrested for DUI in Las Vegas or anywhere in Clark County, you need experienced, aggressive legal counsel on your side. Attorney Josh Tomsheck of Hofland & Tomsheck is a nationally board-certified criminal defense lawyer and a member of the National College for DUI Defense. He has successfully handled hundreds of DUI cases in Las Vegas Justice Court, Las Vegas Municipal Court, and other Nevada jurisdictions.
Don’t take chances with your future. Let a seasoned DUI trial lawyer fight for you.
📞 Call Today: (702) 895-6760
📍 Office: 228 S. 4th Street, 1st Floor, Las Vegas, NV 89101
