Driving under the influence (DUI) is a serious offense in Nevada, and the consequences increase with each conviction. If you’re wondering how many DUIs you can get in Nevada, the answer is complex—and the implications are severe. At Spartacus Law Firm in Las Vegas, we help clients navigate the legal system and fight DUI charges with strategic, aggressive defense.
In this comprehensive guide, we’ll break down Nevada DUI laws, how multiple offenses are treated, and what to expect if you’re facing repeat DUI charges.
DUI Laws in Nevada: The Basics
In Nevada, it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under 21, it’s just 0.02%.
A DUI arrest doesn’t necessarily require a failed breathalyzer test—officers can arrest you based on observed impairment, such as erratic driving, slurred speech, or failed field sobriety tests.
A DUI becomes more serious with each subsequent offense. Nevada law has a seven-year “look-back” period, meaning any DUI conviction within the past seven years will count as a prior offense when determining penalties.
How Many DUIs Can You Get in Nevada Before It Becomes a Felony?
Nevada distinguishes between misdemeanor and felony DUI offenses. Here’s how repeat offenses are categorized:
First DUI Offense – Misdemeanor
- Jail time: 2 days to 6 months (often suspended for first-time offenders)
- Fines: $400 to $1,000
- License suspension: 185 days
- DUI School: Mandatory alcohol education
- Community service: Typically 48 to 96 hours
- Ignition interlock device (IID): Required for 185 days
Second DUI Offense (Within 7 Years) – Misdemeanor
- Jail time: 10 days to 6 months (no suspended sentence)
- Fines: $750 to $1,000
- License suspension: 1 year
- Alcohol/drug dependency evaluation
- Mandatory IID: Required for at least 1 year
Third DUI Offense (Within 7 Years) – Felony
- Classification: Category B felony
- Prison time: 1 to 6 years
- Fines: $2,000 to $5,000
- License revocation: 3 years
- IID: Mandatory for at least 3 years
- Felony record: Significant lifelong consequences
After a third DUI conviction, any additional DUIs in your lifetime can also be charged as felonies—regardless of the time elapsed.
What Happens After a Fourth DUI in Nevada?
A fourth DUI, even if it occurs more than seven years after the third, is treated very seriously and is usually prosecuted as a felony. Courts are less likely to be lenient, especially if the DUI resulted in injury or property damage.
At this point, penalties may include:
- Lengthier prison sentences (up to 15 years if someone is injured or killed)
- Permanent driver’s license revocation
- Longer IID periods
- Significant fines and restitution
If your DUI involved death or serious bodily injury, it is classified as a Category B felony, even if it’s your first offense.
DUI with Injury or Death in Nevada
Under NRS 484C.430, causing death or substantial bodily harm while driving under the influence is considered a felony. Penalties may include:
- 2 to 20 years in Nevada State Prison
- Up to $5,000 in fines
- Possible civil lawsuits from victims or their families
Repeat offenders involved in such cases may face vehicular homicide charges, which can result in a life sentence with the possibility of parole after 10 years.
Is There a Limit to How Many DUIs You Can Get?
Technically, there is no maximum number of DUIs you can get in Nevada. However, the penalties increase drastically with each offense, making it harder to avoid prison time or regain your license.
By the time you receive your third DUI in seven years, you’re facing automatic felony charges, and subsequent offenses will continue to carry harsher punishments, regardless of the time between arrests.
Habitual Offender Status for DUI in Nevada
Nevada has a “habitual criminal” statute, and while it’s generally applied to crimes involving violence or theft, habitual DUI offenders can be labeled as such if their offenses show a pattern of disregard for public safety.
A person convicted of vehicular homicide (a result of three or more prior DUI convictions leading to a fatal DUI accident) can be sentenced to life in prison under NRS 484C.440.
Can You Expunge or Seal DUI Convictions in Nevada?
Nevada doesn’t allow for expungement, but DUI convictions can be sealed—with restrictions.
- First or second DUI (misdemeanor): Eligible for sealing 7 years after the case closes
- Felony DUI (third or more offenses): Not eligible for sealing
- DUI with injury/death: Not eligible
A sealed record means the conviction won’t show up on most background checks, but courts and law enforcement can still access it—which matters for future DUI charges.
Defending Against DUI Charges in Las Vegas
At Spartacus Law Firm, we’ve defended clients at all stages—from first-time DUI arrests to felony DUI charges. Common defenses include:
- Unlawful traffic stop: The officer lacked probable cause to initiate the stop
- Faulty BAC testing: Breathalyzer or blood tests were inaccurate or improperly administered
- Medical conditions: Certain health issues can mimic signs of intoxication
- Field sobriety test flaws: Poor conditions or improper instructions affected results
Every case is different, and an experienced DUI defense attorney in Las Vegas can evaluate the details and craft a personalized strategy.
Why Choose Spartacus Law Firm for DUI Defense?
Facing DUI charges—especially repeat offenses—can be life-altering. At Spartacus Law Firm, we offer:
- Aggressive and experienced DUI defense
- Personalized attention to every case
- Deep knowledge of Nevada DUI laws
- Proven record of favorable outcomes
Whether you’re dealing with a first offense or facing felony DUI charges, we’re here to protect your rights and your future.
FAQs: How Many DUIs Can You Get in Nevada?
Is a third DUI a felony in Nevada?
Yes, a third DUI within a seven-year period is classified as a Category B felony in Nevada. This means you could face up to six years in state prison, thousands in fines, and a three-year license revocation. A felony conviction can also impact your ability to get a job, housing, or professional licensing.
Can a DUI be reduced to reckless driving in Nevada?
Yes, in some cases, a DUI charge can be reduced to reckless driving through plea bargaining. This typically depends on the strength of the evidence, your criminal history, and whether any aggravating factors were involved. A skilled DUI attorney can often negotiate this outcome to avoid harsher penalties and a permanent DUI record.
What is the punishment for DUI with injury in Nevada?
A DUI causing injury or death is treated as a serious felony under Nevada law. Penalties include 2 to 20 years in prison and fines up to $5,000, along with a felony on your record. If someone dies as a result, you may face vehicular homicide charges and potentially a life sentence.
How long does a DUI stay on your record in Nevada?
DUI convictions remain on your criminal record permanently in Nevada. However, first and second DUI misdemeanors may be eligible for record sealing after seven years, starting from the case’s closure. Felony DUI convictions and DUIs involving injury or death cannot be sealed.
How do I fight a DUI charge in Las Vegas?
The best way to fight a DUI charge is to hire an experienced DUI defense attorney who understands Nevada’s legal system. An attorney can challenge the legality of the stop, the accuracy of BAC tests, and the conduct of the arresting officer. At Spartacus Law Firm, we build aggressive defenses to protect your rights and seek the best possible outcome.
Get Help From Our Award-Winning Las Vegas DUI Attorney Today
If you’re asking how many DUIs you can get in Nevada, chances are you—or a loved one—are dealing with serious legal trouble. Don’t face it alone. Spartacus Law Firm has helped countless Las Vegas residents reduce or dismiss DUI charges through strategic, aggressive defense.
Call us today at (702) 660-1234 to schedule a free, confidential consultation and learn how we can help protect your freedom, license, and future.
