DUI Penalties in Nevada and California

The penalties for a DUI in Nevada and California are very severe. Whenever you are charged with DUI, there are a number of different penalties that can apply, depending on your specific circumstances when arrested and your previous record. With the assistance of an experienced DUI attorney, you could have some of these reduced or dismissed altogether.


First Time DUI Offender - Misdemeanor

  • Jail time - Minimum 48 hours in custody, with a maximum 6 months in jail
  • Fines - Maximum fine is $1,000 plus court costs (Nevada); Substantially higher in California and varying by county
  • Community Service - 48 to 100 hours
  • Driver license suspension - Suspended license for 90 days (Nevada) and 120 days (California), with possibility of restricted license for work or school after 45 days (Nevada) and 1 month (California)
  • Court-mandated drug and alcohol classes or counseling, often at an additional cost to the individual
  • Ignition interlock device possible at reinstatement of your driver’s license
  • Probation - Court will impose either a formal probation, which means you will have a probation officer with whom you must check in periodically or an informal probation, which means you will have no probation officer, but you must abide by strict terms and conditions.
  • Victim’s Impact Panel attendance
  • Vehicle Impoundment

Second Time DUI Offender - Misdemeanor

  • Jail time - Mandatory 10 days in custody, with a maximum 6 months in jail
  • Fines - $750 to $1,000 plus court costs (Nevada); Substantially higher in California and varying by county
  • Driver license suspension - Suspended license for 1 year (Nevada) and 2 years (California), with no possibility for a restricted license for work or school in Nevada, and 6 months until the possibility for a restricted license in California
  • Court-mandated drug and alcohol classes or counseling, often at an additional cost to the individual
  • Ignition interlock device possible at reinstatement of your driver’s license
  • Probation - Court will impose either a formal probation, which means you will have a probation officer with whom you must check in periodically or an informal probation, which means you will have no probation officer, but you must abide by strict terms and conditions.
  • Victim’s Impact Panel attendance
  • Vehicle Impoundment

Third Time DUI Offender – Misdemeanor (CA) or Felony DUI (NV)

  • Jail time - Mandatory 120 days – 1 year (CA), 1-6 years in prison (NV)
  • Fines - Maximum fine is $5,000 plus court costs (Nevada); Substantially higher in California and varying by county
  • Driver license suspension - Suspended license for 1-2 years, with no restricted license for work or school.
  • Court-mandated drug and alcohol classes or counseling, often at an additional cost to the individual
  • Mandatory ignition interlock device up to 3 years
  • Probation
  • Victim’s Impact Panel attendance
  • Vehicle Impoundment

DUI with Injury / Vehicular Manslaughter

A DUI causing injury is often charged as a felony. Vehicular manslaughter involving drunk driving is almost always charged as a felony. 

  • Up to 20 year prison sentence
  • Large Fines plus court costs
  • Driver license revocation 
  • Court-mandated drug and alcohol classes or counseling, often at an additional cost to the individual
  • Mandatory ignition interlock device up to 3 years
  • Probation 
  • Additional penalties may apply, including community service, periodic chemical testing, and an ignition interlock device
  • Victim’s Impact Panel attendance
  • Vehicle Impoundment

CDL DUI 

In addition to loss of income/inability to work as a commercial driver due to driver license suspension, a CDL DUI can encompass many penalties. 

  • Jail Time
  • Large Fines plus court costs
  • Driver License suspension – 1 year for 1st offense; lifetime for 2nd offense – Ability to request reinstatement after 10 years
  • Community Service 
  • Court-mandated drug and alcohol classes or counseling, often at an additional cost to the individual
  • Ignition interlock device possible at reinstatement of your driver’s license
  • Probation - Court will impose either a formal probation, which means you will have a probation officer with whom you must check in periodically or an informal probation, which means you will have no probation officer, but you must abide by strict terms and conditions.
  • Victim’s Impact Panel attendance
  • Vehicle Impoundment