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Most drivers know that the legal Blood Alcohol Content (BAC) limit in Nevada is 0.08%, but fewer people realize that you can still be charged with a DUI even if your BAC is below that threshold. While the 0.08% limit is commonly referenced, it’s not the only factor law enforcement uses when determining impairment. Nevada law allows DUI charges based on observed impairment, regardless of whether a driver has reached the per se BAC limit.
In this post, we’ll explain how drivers in Nevada can be arrested and charged with DUI below the legal BAC limit, the laws that allow it, and the circumstances that typically lead to such arrests. We’ll also explore how this applies to drivers under 21, commercial drivers, and those impaired by drugs or medication.
Understanding the full scope of Nevada’s DUI laws can help drivers make informed, responsible decisions and avoid costly consequences—even when they think they’re “under the limit.”
Nevada DUI Law: Per Se vs. Impairment-Based Charges
Nevada law supports two primary types of DUI charges:
- Per Se DUI – Based solely on a driver’s BAC being at or above the legal limit (typically 0.08%).
- Impairment-Based DUI – Based on law enforcement’s observation that a driver is impaired, regardless of BAC level.
This means that even if your BAC is measured at 0.06% or 0.07%, you can still be arrested for DUI if an officer believes your ability to drive is impaired by alcohol or any other substance.
Key signs of impairment that could lead to arrest include:
- Erratic or unsafe driving behavior
- Slurred speech
- Difficulty standing or walking
- Poor performance on field sobriety tests
- The odor of alcohol or drugs
In Nevada, the presence of any of these signs—combined with a positive but sub-threshold BAC test—can result in a DUI charge that is legally valid.
Legal BAC Limits in Nevada (and Why They’re Not Always Absolute)
While 0.08% is the standard legal BAC limit for drivers 21 and over in personal vehicles, Nevada also has lower thresholds for specific driver categories:
- Commercial drivers: Legal BAC limit is 0.04%
- Drivers under 21: Legal BAC limit is 0.02%
For drivers in these categories, exceeding the lower threshold results in an automatic DUI charge. However, even if a commercial driver’s BAC is only 0.03%, or a minor driver’s is below 0.02%, they could still be charged if they show signs of impairment or are involved in an accident.
Nevada’s law does not require a driver to exceed these numeric thresholds for a DUI arrest—it only requires observable impairment.
Common Scenarios Where DUI Is Charged Below the Legal Limit
There are several real-world situations in Nevada where a driver might face DUI charges with a BAC below the legal limit:
1. Driving Behavior Shows Clear Impairment
An officer observes erratic lane changes, delayed responses, or failure to follow traffic laws. Even if a breath test shows 0.06%, these behaviors support an impairment-based DUI arrest.
2. Combination of Alcohol and Drugs
BAC only measures alcohol. If a driver has a low BAC but is also under the influence of drugs (prescription or otherwise), they may still be considered impaired and subject to arrest.
3. Underage Driver with Low BAC
For drivers under 21, any BAC above 0.02% is grounds for a DUI charge. Even if it’s not technically illegal for them to consume alcohol in other settings, it’s illegal for them to operate a vehicle with alcohol in their system.
4. Commercial Driver with Low BAC
A CDL holder may be arrested for DUI if their BAC is 0.04% or higher. If they appear impaired while below that, an officer may still proceed with a DUI charge.
These examples illustrate how the legal limit is a guideline—not a guarantee of safety from legal consequences.
The Role of Field Sobriety Tests and Officer Discretion
When BAC alone is not conclusive, Nevada law enforcement officers use field sobriety tests (FSTs) to evaluate a driver’s condition. These include:
- Horizontal Gaze Nystagmus (eye movement test)
- Walk-and-Turn
- One-Leg Stand
These physical coordination tests are intended to detect whether alcohol or drugs are impairing a driver’s mental or physical faculties. Failing an FST—even with a BAC under 0.08%—can justify a DUI arrest under Nevada’s impairment-based law.
Officers also consider:
- How the driver speaks and responds
- Whether the driver can follow instructions
- The driver’s balance, eye contact, and coordination
Their training and judgment play a central role in identifying impairment, and the law gives them the discretion to act if they believe a person is unsafe to drive—even without high BAC levels.
Drug-Impaired Driving and Low BAC DUI Charges
BAC testing does not measure drug impairment, but Nevada’s DUI laws apply to drugs as well, including:
- Marijuana (THC)
- Prescription painkillers
- Sedatives or tranquilizers
- Illegal substances like cocaine or methamphetamine
If a person’s BAC is under the legal limit but they have taken substances that impair driving ability, they can be charged with DUI. Officers may request a blood or urine test to determine if drugs are present.
Nevada also has per se limits for certain drugs. If a chemical test shows these substances above the state-set limit, DUI charges can be filed even without signs of impairment.
So, a DUI below the BAC limit might not be about alcohol at all—it could result from drug-related impairment that falls outside BAC measurements.
Administrative and Legal Penalties Still Apply
Being charged with DUI below the legal BAC limit in Nevada can result in the same penalties as a traditional DUI case. These may include:
- Fines and court costs
- Mandatory DUI school or treatment programs
- License suspension or revocation
- Community service
- Possible jail time
The Nevada DMV also handles license-related consequences separately from criminal court. Even if a case is dismissed in court, administrative license penalties may still apply, particularly if the driver refused a chemical test or failed field sobriety evaluations.
In short, even if your BAC is under 0.08%, a DUI arrest can trigger a full set of legal consequences.
How to Avoid a DUI Below the Legal Limit
Avoiding DUI charges below the legal limit requires understanding that impairment is not limited to alcohol volume—it’s about your ability to drive safely. Here are a few key ways to stay safe and compliant:
- Don’t rely on “safe” BAC estimates—everyone processes alcohol differently.
- If you feel buzzed, don’t drive—impairment begins before reaching the legal limit.
- Avoid combining alcohol with medications, even over-the-counter ones.
- Use a rideshare or designated driver if you’ve had anything to drink.
- Remember the zero-tolerance rules if you’re under 21 or have a CDL.
The best way to avoid being charged with DUI under the limit is to avoid driving after any alcohol or substance use that could affect judgment or reaction time.
FAQ
Can you get a DUI in Nevada if your BAC is below 0.08%?
Yes. Nevada allows DUI charges based on observed impairment, even if your BAC is below the legal limit.
What is the BAC limit for commercial drivers in Nevada?
The legal limit for CDL holders is 0.04%.
What about drivers under 21?
Nevada has a zero-tolerance policy with a BAC limit of 0.02% for drivers under 21.
What if I’m under the limit but fail field sobriety tests?
You can still be arrested and charged with DUI based on officer observations and performance on these tests.
Can prescription drugs lead to a DUI?
Yes. Driving while impaired by legal medications can result in DUI charges, even without alcohol.
Will I lose my license for DUI below 0.08%?
Yes, if you’re convicted or fail to comply with testing, your license may be suspended or revoked by the DMV.
Can I refuse a chemical test if I know I’m under the limit?
You can refuse, but Nevada’s implied consent law allows police to obtain a warrant and enforce penalties for refusal.
Conclusion
Yes, you can be charged with DUI in Nevada even if your BAC is below the legal limit. Nevada law focuses on impairment, not just numbers. Whether due to alcohol, drugs, or a combination of both, a driver who cannot safely operate a vehicle is subject to arrest—even at BAC levels that are technically legal. This applies even more strictly to commercial drivers and those under 21.
To learn more about legal BAC thresholds and how they’re enforced, visit our full guide on Blood Alcohol Content and Legal Limits. For an in-depth look at how BAC is measured and what it means in DUI law, see our post on what blood alcohol content means under DUI laws.