Got a DUI in Las Vegas? Here’s What Happens Next.
The process is different depending on whether you live here or were visiting. Start with your situation.
Out-of-State DUI
You’ll have a Nevada court date even after you go home. Your home state will likely find out. Call an attorney before you leave Las Vegas.
Nevada Resident DUI
You have 7 days to request a DMV hearing or your license is automatically suspended. This deadline is the most critical thing on this page.
Call an Attorney
For a DUI — unlike a parking ticket — legal representation is almost always worth it. Most Las Vegas DUI attorneys offer free consultations.
City vs. County
Where you were arrested determines which court handles your case — City of Las Vegas, Henderson, North Las Vegas, or Clark County.
Nevada residents: You have 7 days from your arrest to request a DMV Administrative Hearing. If you miss this deadline, your Nevada driver’s license is automatically suspended — regardless of how your criminal case proceeds. This is separate from your court case and most people don’t know about it until it’s too late.
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 vehicle drivers. Nevada also has a per se DUI law for controlled substances — if certain drug metabolites are detected in your system above threshold levels, you can be charged with DUI even if you’re not impaired.
Las Vegas is one of the most heavily enforced DUI cities in the country. The Strip corridor, downtown Fremont, and major event nights see significant DUI enforcement. Checkpoints are legal in Nevada and used regularly.
What Happens the Night of the Arrest
If you’re stopped and suspected of DUI in Las Vegas, here’s the sequence:
Field sobriety tests — you are not legally required to perform them in Nevada, though refusal can be used against you. Breathalyzer or blood test — Nevada’s implied consent law means refusing a chemical test after arrest results in automatic license revocation and the refusal can be used as evidence. Arrest and booking — you’ll be taken to the Clark County Detention Center or a jurisdiction-specific facility. Bail — first-offense DUI bail in Las Vegas typically runs $1,000–$3,000. A bail bondsman charges approximately 15% of the bail amount. Vehicle — your car will be towed and impounded. Storage fees begin immediately.
You have the right to remain silent and the right to an attorney. Use both. Do not answer questions beyond basic identification until you have spoken with an attorney. This applies whether you’re visiting or a resident.
If You Were Visiting Las Vegas
A DUI arrest in Nevada does not end when you go home. Here’s what out-of-state visitors face:
Court appearances
You will have a Nevada court date. For misdemeanor DUI, it may be possible for an attorney to appear on your behalf without you returning to Las Vegas — but this depends on the jurisdiction and the specific charge. Do not assume you can ignore the court date. A failure to appear warrant will be issued and Nevada will notify your home state.
Your home state will find out
Nevada shares DUI conviction information with other states through the Driver License Compact. Most states treat an out-of-state DUI conviction the same as an in-state conviction. Your home state’s DMV will likely take action against your license based on the Nevada conviction.
Your Nevada driving privilege
Even with an out-of-state license, Nevada can suspend your privilege to drive in Nevada. This matters if you return to the state or if your home state honors the suspension.
What to do immediately
Contact a Las Vegas DUI attorney before you leave Nevada. Most offer phone consultations and can advise you on whether you need to return for court. The earlier you retain representation, the more options you have.
The 7-Day DMV Hearing Deadline
This is the most important thing on this page for Nevada residents. When you’re arrested for DUI in Nevada, two separate processes begin simultaneously:
1. The criminal case — handled by the court system, can take months to resolve.
2. The DMV administrative action — completely separate from your criminal case. You have 7 days from your arrest date to request a DMV Administrative Hearing to contest the suspension of your Nevada driver’s license.
If you do not request the DMV hearing within 7 days, your license is automatically suspended — typically 90 days for a first offense, one year for a second offense — regardless of what happens in your criminal case. An acquittal in court does not restore your license if you missed the DMV deadline. Request the hearing even if you plan to plead guilty later.
To request a DMV Administrative Hearing, contact the Nevada DMV Office of Administrative Hearings. Your attorney can do this for you — and this is one of the most important things a DUI attorney does in the first week after your arrest.
First Offense DUI in Nevada
| Consequence | Details |
|---|---|
| Classification | Misdemeanor (unless injury, death, or third offense) |
| Jail | 2 days to 6 months, or 48–96 hours community service |
| Fine | $400–$1,000 plus fees and assessments (total often $2,000+) |
| License suspension | 90 days (DMV administrative), then court-ordered revocation |
| DUI school | Required — Nevada DUI school program |
| Victim impact panel | Required attendance |
| Ignition interlock | Required for at least 185 days after license restoration |
| SR-22 insurance | Required — significantly increases insurance premiums |
Second and Third Offense DUI in Nevada
| Second Offense | Third Offense | |
|---|---|---|
| Classification | Misdemeanor | Category B Felony |
| Jail / Prison | 10 days to 6 months | 1–6 years Nevada State Prison |
| Fine | $750–$1,000+ | $2,000–$5,000 |
| License revocation | 1 year | 3 years |
| Ignition interlock | Required — 1 to 3 years | Required — 3 years minimum |
DUI with Injury or Death
A DUI that causes substantial bodily harm or death to another person is a Category B Felony in Nevada regardless of prior record. Penalties include 2–20 years in Nevada State Prison and fines up to $5,000. This is a fundamentally different legal situation from a standard DUI — retain an attorney immediately.
Jurisdiction Breakdown — Which Court Has Your Case
Where you were arrested determines which court handles your criminal case. Each jurisdiction has its own prosecutors, processes, and tendencies.
| Where Arrested | Court | Notes |
|---|---|---|
| Las Vegas Strip, downtown, city streets | Las Vegas Municipal Court / Justice Court | Highest volume DUI jurisdiction in the valley |
| Henderson | Henderson Municipal Court | Known for strict enforcement, particularly near Green Valley and on major corridors |
| North Las Vegas | North Las Vegas Municipal Court | Separate jurisdiction with its own prosecutors |
| Unincorporated Clark County / freeways | Clark County Justice Court | Metro Police jurisdiction — covers I-15, I-215, and unincorporated areas |
| Boulder Highway / Boulder City | Boulder City Municipal Court | Small jurisdiction — different dynamic than the larger city courts |
The Ignition Interlock Requirement
Nevada requires an ignition interlock device (IID) after a DUI conviction. An IID is a breathalyzer wired to your ignition — the car won’t start if alcohol is detected. You pay for installation and monthly monitoring fees out of pocket. For a first offense, the requirement typically runs 185 days minimum. Second offense is 1–3 years. Third offense is 3 years minimum.
You must use a Nevada-approved IID provider. Your attorney or the DMV can provide the current approved vendor list.
SR-22 Insurance
After a DUI conviction in Nevada, you’ll be required to carry SR-22 insurance — a certificate your insurance company files with the state confirming you have the required minimum coverage. SR-22 status significantly increases your insurance premiums and must be maintained continuously for the required period. If your policy lapses, the DMV is notified and your license can be re-suspended.
When to Call a DUI Attorney
For a DUI — unlike a parking ticket — legal representation is almost always worth the cost. A DUI attorney in Las Vegas can request the DMV hearing on your behalf within the 7-day window, identify issues with the traffic stop, breathalyzer calibration, or arrest procedure that could reduce or dismiss charges, negotiate with prosecutors, and appear in court on your behalf in some misdemeanor cases without requiring you to return to Las Vegas.
Most Las Vegas DUI attorneys offer free initial consultations. Call before you leave Las Vegas if you’re a visitor. Call within 24 hours if you’re a resident — the 7-day DMV clock is already running.
The attorney’s fee is often less than the long-term cost of a conviction. SR-22 insurance alone can cost thousands of dollars over the required period. A reduced charge or dismissal saves money in addition to protecting your record.