Nevada DUI 2-Hour Rule: What It Means for Your Test Result
In This Article
The Nevada DUI 2-hour rule is paragraph (c) of NRS 484C.110(1). It makes it unlawful to drive or be in actual physical control of a vehicle if a measurement taken within two hours afterward shows an alcohol concentration of 0.08 or more in the blood or breath. It is one of three alcohol grounds in subsection (1), not the only way Nevada can charge a DUI, and it is not a deadline for testing. If a test result is part of your case, speak with a lawyer about Las Vegas DUI defense as early as you can.
Key takeaways
- NRS 484C.110(1)(c) makes it unlawful to drive or be in actual physical control of a vehicle if you are "found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath."
- Subsection (1) has two other alcohol grounds: being "under the influence of intoxicating liquor" and having an alcohol concentration of 0.08 or more in the blood or breath while driving or in actual physical control. Neither of those paragraphs includes a two-hour window. Other subsections of the same law cover controlled substances and listed prohibited substances, so these three are not the only ways to be charged.
- If consumption is proven by a preponderance of the evidence, a person can raise an affirmative defense to the two-hour paragraph by showing that drinking after driving or actual physical control, and before the test, caused an alcohol concentration of 0.08 or more in the blood or breath. Written notice is due at least 14 days before trial or preliminary hearing, unless the court sets another time.
- An officer who requests an evidentiary test under NRS 484C.160(1) must tell you that your license, permit or driving privilege will be revoked if you fail to submit.
- Failure to submit to an evidentiary test requested under NRS 484C.160 can mean a one-year revocation, or three years if the license, permit or driving privilege was revoked for failure to submit during the immediately preceding 7 years. A qualifying test showing 0.08 or more, or a detectable controlled or prohibited substance without the required valid prescription or registry card, can trigger a 185-day revocation and ineligibility period, subject to the ignition-interlock and restricted-license provisions of NRS 484C.210(3)-(4).
What is the Nevada DUI 2-hour rule?
It is paragraph (c) of NRS 484C.110(1). The paragraph covers a person who "is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath."
The law covers driving or being in actual physical control "on a highway or on premises to which the public has access." It does not say you must be tested within two hours. It says a measurement inside that window, showing 0.08 or more, fits this paragraph. When you last drove and when the sample was taken are questions of evidence in each case. NRS 484C.109 also lists five conditions that, when all are met, mean a person is deemed not to be in actual physical control of a vehicle.
You can read the full text on our page for NRS 484C.110.
What are the alcohol grounds in NRS 484C.110(1)?
Subsection (1) lists three alcohol grounds, and the two-hour window belongs to only one of them. They are not the only ways to be charged: subsection 2 covers being under the influence of a controlled substance or of liquor and a controlled substance combined, and subsection 3 covers listed prohibited substances in the blood or urine, and subsection 4 sets blood levels for marijuana and its metabolite for violations punishable under the specified penalty sections (NRS 484C.400(1)(c), 484C.410, 484C.430 and 484C.440).
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| Paragraph | What the law says | Time window |
|---|---|---|
| NRS 484C.110(1)(a) | Driving or being in actual physical control while "under the influence of intoxicating liquor" | None stated |
| NRS 484C.110(1)(b) | Driving or being in actual physical control with "a concentration of alcohol of 0.08 or more in his or her blood or breath" | None stated |
| NRS 484C.110(1)(c) | Being "found by measurement within 2 hours after driving or being in actual physical control" to have 0.08 or more | Measurement within 2 hours |
Paragraph (c) is the one that connects the number on the test to the time you drove. Which paragraph a charge relies on is something to confirm with your lawyer early.
Does a breath or blood test have to happen within two hours?
No. The statute does not set a testing deadline, and it does not say a later result is automatically thrown out. Here is how the common questions line up with the text.
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| Common belief | What the statute actually says |
|---|---|
| "If they test me after two hours, the case is over." | Paragraph (c) refers to a measurement within 2 hours. Paragraphs (a) and (b) contain no such window. |
| "The two hours start when I'm arrested." | The text counts from "driving or being in actual physical control," not from arrest. |
| "The rule is a limit on how long police can wait." | The rule describes when a measured result supports one kind of charge. It is not a testing deadline. |
If your test was taken near the two-hour mark, the timing records matter: when you stopped driving, when the officer made contact and when each sample was collected.
Can drinking after you drive be a defense?
Sometimes. NRS 484C.110(5) lets a person raise an affirmative defense to paragraph (c). If consumption is proven by a preponderance of the evidence, the defendant can show that he or she "consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath."
Two points from the statute:
- The defense applies to paragraph (c), the two-hour paragraph.
- A defendant who plans to offer it "must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent."
Because the statute makes written notice a requirement, raise this with your attorney early.
What does Nevada's implied consent law have to do with the 2-hour rule?
The two-hour rule is about what a result can show. Implied consent is about when an officer can ask you to test. Under NRS 484C.160(1), anyone who drives or is in actual physical control of a vehicle on a highway or on premises open to the public "shall be deemed to have given his or her consent to an evidentiary test" of blood, urine, breath or another bodily substance, subject to the exceptions in the statute, if an officer has reasonable grounds to believe the person was driving under the influence of liquor or a controlled substance, with a prohibited substance in the blood or urine, or engaged in other conduct the DUI statutes prohibit.
The statute then sets rules around the test:
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| Provision | What it says |
|---|---|
| NRS 484C.150 | A preliminary breath test result "must not be used in any criminal action, except to show there were reasonable grounds to make an arrest." |
| NRS 484C.160(2) | The officer must tell you that your license, permit or privilege to drive will be revoked if you fail to submit to the test. |
| NRS 484C.160(5) | If alcohol concentration is in issue, subject to the other provisions of NRS 484C.160, you may refuse a blood test if means are reasonably available to perform a breath test. Except as NRS 484C.200 provides, no more than three samples of blood or breath may be taken in the 5 hours immediately after the initial arrest. |
| NRS 484C.160(9) | If a person fails to submit to a required test, an officer with reasonable grounds may apply for a warrant or court order directing that reasonable force be used to obtain a blood sample. |
| NRS 484C.180 | After arrest, you must be permitted, on request and at your own expense, a reasonable opportunity to have a qualified person of your choosing administer a chemical test. It does not replace the officer's test. |
| NRS 484C.200 | Generally, two consecutive breath samples must differ by 0.02 or less to establish the concentration, subject to the alternatives and exceptions below. If they do not, a third test is given and must be within 0.02 of one of the first two. If that does not resolve it, a fourth test is given, which must be a blood test unless NRS 484C.160 provides otherwise. If the person fails to give the second or third sample, or to submit to the fourth test, the first result may be used alone; if a sample is missing for another reason, the first result may be used with all other evidence. |
| NRS 484C.240(4) | A required test is not admissible unless documentary or other evidence shows the agency calibrated and maintained the breath-testing device as required by regulation. |
| NRS 484C.250 | A blood test result under NRS 484C.160 or 484C.180 is not admissible unless the blood was withdrawn by a person, other than an arresting officer, who meets the statute's list of qualifications, and the test was performed on whole blood (with an exception for clotted samples). The qualification rule does not apply to urine, breath or other bodily substance tests. |
Our article on Nevada DUI breath test refusal walks through the refusal side in more detail.
What happens to your license after a test?
The DMV process runs alongside the criminal case. Under NRS 484C.210, failing to submit to an evidentiary test means a one-year revocation, or three years if your privilege was revoked for failure to submit during the preceding seven years. A test result of 0.08 or more, or a detectable amount of a controlled substance or prohibited substance in the blood or urine without a valid prescription or registry identification card, means a 185-day period of ineligibility. The same section also addresses ignition interlock devices.
When an officer serves an order of revocation, a person who is entitled to a temporary license may request one, and under NRS 484C.220(1) it is "effective for only 7 days including the date of issuance." A person already driving on a temporary license issued under NRS 484C.220 or 484C.230 is not entitled to request another one under NRS 484C.220. At any time while the person is not eligible for a license, NRS 484C.230(1) lets him or her request a hearing from the Department in writing, but only one hearing. Unless the person is ineligible for a temporary license under NRS 484C.220, the Department issues an additional temporary license for a period sufficient to complete the administrative review. Under NRS 484C.230(2), the hearing is limited to whether the person failed to submit to a required test under NRS 484C.160, or, at the time of the test, had a concentration of alcohol of 0.08 or more in the blood or breath, or a detectable amount of a controlled substance or prohibited substance in the blood or urine without a valid prescription or registry identification card.
Read the paperwork from the officer and the Department carefully, and ask a lawyer about the dates on it. For criminal penalties and the court side of a first charge, see our guide to first-offense DUI penalties and defenses in Nevada.
What can a defense lawyer look at in a two-hour-rule case?
Each case turns on its own records. An attorney may ask:
- When did driving stop? The timeline from the stop to the arrest to the test.
- When was each sample taken? Breath and blood timestamps, and whether the number of samples fits NRS 484C.160 and NRS 484C.200.
- Was the device maintained? NRS 484C.240(4) ties admissibility to calibration and maintenance records.
- Was the blood drawn properly? NRS 484C.250 lists who may withdraw blood and how the sample must be tested for the result to be admissible.
- Was there drinking after driving? If so, NRS 484C.110(5) and its 14-day notice rule may apply.
We represent clients across Las Vegas, Henderson and North Las Vegas.
Frequently asked questions
Is there a 2-hour rule for DUI in Nevada?
Yes, in one paragraph of the law. NRS 484C.110(1)(c) refers to a measurement of 0.08 or more "within 2 hours after driving or being in actual physical control of a vehicle." It is not a deadline for police to test, and the other paragraphs of subsection (1) have no two-hour window.
What if my test was taken more than two hours after I drove?
The statute does not say a later result is automatically unusable. Paragraph (c) refers to a measurement within two hours, and the other paragraphs do not. Talk with an attorney about which paragraph the charge relies on and what the records show.
Can I take my own test after being arrested?
NRS 484C.180 says you must be permitted, on request and at your expense, a reasonable opportunity to have a qualified person of your choosing administer a chemical test. That test cannot be substituted for the one the officer requests under NRS 484C.160.
Talk to a Las Vegas attorney about your DUI test result
If you were tested after a DUI stop, the timing and the way the test was handled can matter. Thomas Boley Attorney At Law offers a free, confidential consultation to review your situation.
Contact us for a free consultation or call (702) 435-3333.
This article is general information about Nevada law, not legal advice, and reading it does not create an attorney-client relationship. Laws can change, and every case depends on its own facts. Speak with a licensed Nevada attorney about your situation.
Sources
- NRS 484C.109 — Person deemed not to be in actual physical control of vehicle in certain circumstances
- NRS 484C.110 — Unlawful acts relating to operation of vehicle; affirmative defense
- NRS 484C.150 — Implied consent to preliminary test of breath
- NRS 484C.160 — Implied consent to evidentiary test
- NRS 484C.180 — Opportunity to choose a qualified person to administer a test
- NRS 484C.200 — Requirements for evidentiary test of breath
- NRS 484C.210 — Revocation of license for failure to submit or for test result
- NRS 484C.220 — Seizure of license; order of revocation; temporary license
- NRS 484C.230 — Hearing by Department; judicial review
- NRS 484C.240 — Admissibility of evidence of refusal; availability of results; admissibility of evidence from test
- NRS 484C.250 — Admissibility of results of blood test
About the Author
Thomas Boley is a Nevada licensed attorney specializing in personal injury law and criminal defense. Since 2008, Thomas has represented thousands of clients in Las Vegas and Clark County, recovering millions of dollars in compensation for injury victims. He is a member of the State Bar of Nevada, the Clark County Bar Association, and the Nevada Justice Association.
Need Legal Help? Contact Thomas Boley for a free consultation: (702) 435-3333