A DUI in Las Vegas starts two separate cases at once: one in court and one with the DMV. Here’s what happens next, whether you live here or were visiting.
Call a Nevada DUI attorney, and act on the DMV hearing within 7 days.
The temporary license you got at arrest lasts 7 days. Requesting a DMV hearing before it expires lets you keep driving while you contest the revocation.
Out-of-State DUI
You’ll still have a Nevada court date after you go home, and your home state will likely find out. Talk to an attorney before you leave.
Nevada Resident DUI
A first DUI brings a 185-day license revocation, but most drivers can keep driving with an ignition interlock device.
Call an Attorney
Unlike a parking ticket, a DUI is almost always worth legal help. Many Las Vegas DUI attorneys offer free consultations.
Which Court?
Where you were stopped decides the court. A DUI on the Strip goes to Las Vegas Justice Court, not the city’s Municipal Court.
The 7-day temporary license: After a failed breath test, or once blood results arrive, you get a temporary permit good for 7 days. Request your DMV hearing before it expires and you can keep driving until the hearing. If you don’t, the revocation starts when the permit runs out.
Nevada DUI Law: The Basics
Nevada’s legal limit is 0.08% BAC for drivers 21 and over, 0.02% for drivers under 21, and 0.04% for commercial drivers. Nevada also has per se limits for certain drugs and their metabolites, so you can be charged with DUI based on a blood test even if you didn’t feel impaired.
DUI enforcement is heavy around the Strip, downtown and on big event nights, and sobriety checkpoints are legal in Nevada.
The Night of the Arrest: What Happens
- Field sobriety tests: You aren’t legally required to do them in Nevada.
- Breath or blood test: Under Nevada’s implied consent law, refusing an evidentiary test after arrest brings a one-year license revocation, and the refusal can be used as evidence.
- Booking: You’ll be taken to the Clark County Detention Center or a city jail, depending on where you were stopped.
- Bail: The amount depends on the charge and jurisdiction. Nevada bail bond companies charge 15% of the bail amount.
- Your car: It will usually be towed, and storage fees start right away.
You have the right to remain silent and the right to an attorney. Use both. Give basic identification, then wait to talk until you’ve spoken with a lawyer.
If You Were Visiting Las Vegas: It Follows You Home
Court appearances
You’ll have a Nevada court date. For a misdemeanor DUI, an attorney can sometimes appear for you so you don’t have to fly back, but it depends on the court and the charge. Never ignore the date. Missing it leads to a warrant.
Your home state will find out
Nevada shares DUI convictions with other states through the Driver License Compact. Most states treat an out-of-state DUI conviction the same as one at home, so expect your home DMV to act on it.
Your privilege to drive in Nevada
Even with an out-of-state license, Nevada can revoke your privilege to drive here.
What to do now
Contact a Las Vegas DUI attorney before you leave Nevada. Many offer phone consultations and can tell you whether you need to come back for court.
Nevada Residents: The DMV Case and Your License
A DUI arrest starts two separate processes at the same time:
- The criminal case, handled in court, which can take months.
- The DMV case, which decides your license revocation, completely separate from the court case.
| DUI Within 7 Years | License Revocation |
|---|---|
| First | 185 days |
| Second | 1 year |
| Third | 3 years |
| Refusing the test | 1 year |
The good news most people don’t hear: even if you lose the DMV hearing, you can usually keep driving during the revocation period by installing an ignition interlock device. Request the hearing before your temporary license expires, even if you think you’ll plead guilty later. Your attorney can file it for you.
First Offense DUI in Nevada: The Penalties
| Consequence | Details |
|---|---|
| Classification | Misdemeanor |
| Jail | 2 days to 6 months, or 48 to 96 hours of community service |
| Fine | $400 to $1,000, plus court fees and assessments |
| License | 185-day revocation, usually with the option to drive using an ignition interlock |
| DUI school | Required |
| Victim impact panel | Required |
| Ignition interlock | Required for at least 185 days, and longer if your BAC was 0.18% or higher |
| SR-22 insurance | Required, which raises your insurance costs |
Second and Third Offense DUI in Nevada
| Second (Within 7 Years) | Third (Within 7 Years) | |
|---|---|---|
| Classification | Misdemeanor | Category B felony |
| Jail or prison | 10 days to 6 months | 1 to 6 years in state prison |
| Fine | $750 to $1,000, plus fees | $2,000 to $5,000 |
| License revocation | 1 year | 3 years |
| Ignition interlock | Required | Required |
DUI With Injury or Death: A Felony
A DUI that causes substantial bodily harm or death is a Category B felony in Nevada, even with no prior record. Penalties include 2 to 20 years in prison and a $2,000 to $5,000 fine. Get an attorney immediately.
Which Court Has Your Case: It Depends on Where You Were Stopped
Las Vegas is really several cities plus unincorporated Clark County, and each has its own court. This surprises a lot of people, because the Strip isn’t actually in the City of Las Vegas.
| Where You Were Stopped | Court for a Misdemeanor DUI |
|---|---|
| The Strip and other unincorporated areas (Paradise, Spring Valley, Enterprise, Sunrise Manor) | Las Vegas Justice Court |
| City of Las Vegas (downtown, Summerlin and other city neighborhoods) | Las Vegas Municipal Court |
| Henderson | Henderson Municipal Court |
| North Las Vegas | North Las Vegas Municipal Court |
| Boulder City | Boulder City Municipal Court |
On freeways, the court depends on where the stop happened. Felony DUI cases start in justice court and move to Clark County District Court.
SR-22 Insurance: The Long-Term Cost
After a DUI conviction, Nevada requires SR-22 insurance, a filing your insurer makes with the state to prove you carry the required coverage. It raises your premiums, and it has to stay active for the required period. If it lapses, the DMV is notified and your license can be suspended again.
When to Call a DUI Attorney: Now
A Las Vegas DUI attorney can request your DMV hearing, review the stop, the testing and the arrest for problems, negotiate with prosecutors, and in some misdemeanor cases appear in court for you. Visitors should call before leaving Las Vegas. Residents should call right away, while the temporary license is still valid.
The attorney’s fee is often less than the long-term cost of a conviction. SR-22 insurance, interlock fees and fines add up fast, and a reduced charge protects your record too.
Avoid It Entirely: Getting Around Without Driving
The easiest DUI to handle is the one that never happens. Rideshare, taxis, the 24-hour Deuce bus and the Monorail make it easy to leave the car parked. Our Getting Around Las Vegas guide compares every option.
DUI in Las Vegas FAQ
How long is your license revoked for a first DUI in Nevada?
185 days for a first DUI within seven years. Most drivers can keep driving during that time by installing an ignition interlock device.
How long do I have to request a DMV hearing after a DUI in Nevada?
Request it before your 7-day temporary license expires if you want to keep driving while you contest the revocation. A Nevada DUI attorney can file the request for you.
What happens if you refuse a breath or blood test in Nevada?
Refusing an evidentiary test after arrest leads to a one-year license revocation under Nevada’s implied consent law, and the refusal can be used as evidence.
Which court handles a DUI on the Las Vegas Strip?
The Strip is in unincorporated Clark County, so misdemeanor DUI cases from the Strip go to Las Vegas Justice Court, not Las Vegas Municipal Court.
Is a third DUI a felony in Nevada?
Yes. A third DUI within seven years is a Category B felony, with 1 to 6 years in prison and a $2,000 to $5,000 fine.
Will my home state find out about a Las Vegas DUI?
Very likely. Nevada shares DUI convictions with other states through the Driver License Compact, and most states treat an out-of-state conviction like an in-state one.