DUI lawyer Las Vegas: what happens after a DUI arrest
If you are searching "DUI lawyer Las Vegas" after an arrest, read this first. A Nevada DUI runs on two tracks at once: the DMV takes your license, and the court handles the criminal case. The license track has a 7-day clock that can run out before you ever talk to a lawyer.
What to do first
Deadlines you can lose
| Situation | Deadline | Source |
|---|---|---|
| Temporary license from the officer | Good for 7 days, counting the day it was issued | NRS 484C.220(1) |
| Revocation order mailed by the DMV | Takes effect 5 days after mailing | NRS 484C.220(3) |
| DMV hearing | Ask in writing while you are not eligible to drive. One hearing only | NRS 484C.230(1) |
| Treatment program in place of part of the sentence, first offense under 0.16 | Apply at the finding of guilt or any time before sentencing | NRS 484C.320(1) |
| Defense that you drank after driving, not before | Written notice to the prosecutor at least 14 days before trial or the preliminary hearing | NRS 484C.110(5) |
| DUI course ordered by the court | Finish it in the time ordered, or the DMV adds 90 days to your revocation | NRS 483.460(2) |
Read 2026-10-30 off the Nevada Revised Statutes: chapter 484C stamped Rev. 9/9/2026 (2026R1), chapter 483 stamped Rev. 9/9/2026 (2026R1), chapters 171, 178 and 179 stamped Rev. 4/15/2026 (2025).
What counts as DUI in Nevada
It is illegal to drive or be in actual physical control of a vehicle on a highway, or anywhere the public can go, if you are under the influence of alcohol, have 0.08 or more alcohol in your blood or breath, or test at 0.08 or more within 2 hours of driving (NRS 484C.110(1)). Driving under the influence of a controlled substance is illegal too, and having a legal right to use that drug is not a defense (NRS 484C.110(2)).
The test you agreed to by driving
Anyone who drives in Nevada is treated as having agreed to a breath, blood or urine test when an officer has reasonable grounds to believe they were driving impaired (NRS 484C.160(1)). The officer must warn you that refusing means losing your license (NRS 484C.160(2)). If you refuse, the officer can ask a judge for a warrant to take your blood using reasonable force (NRS 484C.160(9)). After the arrest you can ask to have a qualified person you choose run your own test, at your expense. It does not replace the officer's test (NRS 484C.180).
How long the DMV takes your license
| Situation | Not eligible to drive | Source |
|---|---|---|
| Test showed 0.08 or more, or a drug with no prescription | 185 days | NRS 484C.210(2) |
| Refused the test | 1 year | NRS 484C.210(1)(a) |
| Refused, after a refusal revocation in the past 7 years | 3 years | NRS 484C.210(1)(b) |
| Convicted of a first DUI in 7 years | 185 days | NRS 483.460(1)(a) |
| Convicted of a second DUI in 7 years | 1 year | NRS 483.460(1)(b)(5) |
| Third DUI in 7 years, any felony DUI, or a DUI that caused death or serious injury | 3 years | NRS 483.460(1)(c)(3)–(5) |
During a revocation you can drive only with an ignition interlock device you pay for, under an ignition interlock privilege (NRS 484C.210(3)). The statute fee to reinstate after a DUI revocation is $120 (NRS 483.410, version in effect through 31 December 2026). Check the DMV's posted total.
Penalties by offense
| Offense | What the law sets | Source |
|---|---|---|
| First DUI in 7 years (misdemeanor) | 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service. $400 to $1,000 fine. Pay for and finish a DUI course. Treatment program if you tested 0.16 or more | NRS 484C.400(1)(a) |
| Second DUI in 7 years (misdemeanor) | 20 days to 6 months in jail or residential confinement, with at least one 48-hour stretch. $750 to $1,000 fine, or an equivalent number of hours of community service. Treatment program | NRS 484C.400(1)(b), (3) |
| Third DUI in 7 years | Category B felony. 1 to 6 years in prison. $2,000 to $5,000 fine | NRS 484C.400(1)(c) |
| Any DUI after a felony DUI or a DUI homicide | Category B felony. 2 to 15 years in prison. $2,000 to $5,000 fine | NRS 484C.410(1) |
| DUI that caused substantial bodily harm | Category B felony. 2 to 20 years in prison. $2,000 to $5,000 fine | NRS 484C.430(2)(b) |
| DUI that caused a death | Category B felony. 2 to 25 years, or 5 to 25 years with one or two prior offenses. $2,000 to $5,000 fine | NRS 484C.430(2)(a) |
An earlier DUI counts if it happened within 7 years of the new one, and time spent in prison, on probation or on parole is left out of the 7 years (NRS 484C.400(2), (6)). A DUI from another state counts (NRS 484C.400(7)(c)).
What comes with a conviction
When you get a public defender
If you are charged with a misdemeanor that can carry jail time, a gross misdemeanor or a felony, and you can't afford a lawyer, you are entitled to one at every stage, from your first court date through appeal (NRS 178.397). A first DUI can carry jail (NRS 484C.400(1)(a)), so it counts.
Ask the judge out loud at your first court date. You sign an affidavit saying you can't pay a lawyer, with real facts about your money. If the judge agrees, the judge assigns the public defender (NRS 171.188(1)–(3)). The DMV hearing is a separate case, so ask whether your lawyer will handle that too.