NevadaNevada law sets DUI evaluation and repeat-offense rules
Nevada law requires evaluations in listed cases, sets penalties for repeat offenses, and lets some people facing a third offense seek court-approved treatment.
What it does
Before sentencing, courts must order an alcohol or drug use evaluation in listed cases, including first-offense cases with a blood or breath alcohol level of 0.16 or higher.
A second offense within seven years carries at least 20 days in jail or residential confinement, plus a fine or equivalent community service and treatment.
With court approval, a person pleading guilty or no contest to a third offense within seven years may enter treatment, but must meet strict confinement and monitoring rules.
A person in the third-offense treatment program who commits another listed offense faces two to 15 years in prison and a $2,000 to $5,000 fine.
Argument forCourt-approved treatment with monitoring could give some people facing a third offense a way to address a substance use disorder.
Argument againstAt least 20 days in jail or home confinement for a second offense could make it harder for someone to keep a job or care for family.
More detail
Courts must order an alcohol or drug use evaluation before sentencing in the listed cases. The rule covers people found guilty of listed driving-under-the-influence offenses and certain drug offenses. A first-offense case requires an evaluation when the person’s blood or breath alcohol level was 0.16 or higher. The evaluation must happen before sentencing.
A person with a second driving-under-the-influence offense within seven years must serve at least 20 days in jail or residential confinement. This applies to a second offense within seven years under the listed driving-under-the-influence laws. The court must also order a fine or equivalent community service and treatment. For the seven-year count, time spent imprisoned, in residential confinement, under treatment-provider supervision, on parole, or on probation is excluded. The seven-year period is measured around the offense, with certain periods under confinement, supervision, parole, or probation excluded.
A person pleading guilty or no contest to a third offense within seven years may apply for a treatment program, subject to court approval. This option applies to a person facing a third offense within seven years under the listed driving-under-the-influence laws. A qualified professional must diagnose an alcohol or drug use disorder, and the person must agree to pay treatment costs to the extent of their financial resources. If approved, the person must serve at least six months in residential confinement, use electronic monitoring, install an ignition interlock device for at least 12 months, and agree to testing and other court conditions. A person cannot apply if previously ordered to complete this treatment program or convicted of specified offenses. The person must apply when entering the plea, and the treatment program must last at least three years.
A person undergoing the third-offense treatment program who commits another listed driving-under-the-influence offense faces a category B felony penalty. This applies to a person undergoing treatment under the third-offense program who commits a listed driving-under-the-influence offense. The penalty is two to 15 years in state prison and a fine of $2,000 to $5,000.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Jun 11Chapter 502.Latest
- Jun 10Approved by the Governor Joe Lombardo.Became Law
- Jun 6Enrolled and delivered to Governor.To Governor
- Jun 4To enrollment.Major
- Jun 3In Senate.
- Jun 2Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To Senate.Passed House
- Vote recorded Assembly (2nd Reprint). Result: pass.Lower
- Jun 1Taken from General File. Placed on General File for next legislative day.
- May 31From committee: Do pass. Placed on Second Reading File. Read second time.Minor
- May 30From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.Minor
- May 29Taken from Secretary's desk. Placed on General File. Read third time. Amended. (Amend. No. 903.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer.Passed Senate
- Vote recorded Senate (1st Reprint). Result: pass.Upper
- May 28From committee: Do pass. Placed on General File. Taken from General File. Placed on Secretary's desk.Minor
- Apr 22From printer. To engrossment. Engrossed. First reprint. To committee.
- Apr 17From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 247.) Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.Minor
- Mar 11From printer. To committee.
- Mar 10Read first time. Referred to Committee on Growth and Infrastructure. To printer.Introduced
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