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Nevada’s New DUI Law Takes Effect

On January 1, 2026, a new Driving Under the Influence (DUI) law took effect that increases the penalty for DUIs that result in the death of another person. It does NOT change the penalty for anyone convicted of a first or second DUI within 7 years that does not result in substantial bodily harm or death. Those crimes remain punishable as misdemeanors, i.e., no more than 6 months in jail.

Old Law

For some perspective, before the new law took effect, the penalty for DUI that resulted in substantial bodily harm or death was punishable by a prison sentence of anywhere between 2-20 years. In practical terms, pursuant to NRS 193.130(1) (“The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.”), this meant that the most severe prison sentence a person could received was 8-20 years. In other words, a DUI that resulted in the death of another person could not be punished anymore severely than a DUI that resulted in, for example, a broken leg (i.e., substantial bodily harm).

New Law

Nevada’s new law splits the old law into two separate penalties–those for DUIs that result in death and those that result substantial bodily harm. Now, if a DUI results in death and the defendant has no prior DUI convictions, a judge can impose a prison sentence anywhere between 2-25 years. However, if the defendant has previously been convicted of one or two prior DUIs (no matter how long ago those convictions occurred), a judge can impose a prison sentence anywhere between 5-25 years. Lastly, for those DUIs that result in just substantial bodily harm, the penalty remains punishable anywhere between 2-20 years.

Again, the new law does not change the penalties for any other DUIs that do not result in the death of another person.

If you are ever arrested for a DUI, please call us immediately to discuss your options and how the new law may affect your case. Whether it’s a criminal case or a personal injury matter, at Nobles & Yanez, we are always here ready to fight for your rights.