Nevada Legal FAQs for Las Vegas and Clark County

Possibly. The statute reaches actual physical control, and Nevada courts decide it by weighing factors such as where the person was in the vehicle, whether the engine was running, whether the person was awake or asleep, and whether the vehicle was driven there. The law also says you are not in actual physical control if all of these are true: you were asleep inside, you were not in the driver’s seat, the engine was off, the car was lawfully parked, and it is evident you could not have driven there impaired. It is a common fact pattern and a defensible one. See Las Vegas criminal defense.

Authority: NRS 484C.109; NRS 484C.110(1); Rogers v. State, 105 Nev. 230, 773 P.2d 1226 (1989); Barnier v. State, 119 Nev. 129, 67 P.3d 320 (2003); Isom v. State, 105 Nev. 391, 776 P.2d 543 (1989). Reviewed Oct. 2026.

Yes. Legalization covers possession and personal use, not impaired driving, and being entitled to use the drug is not a defense under NRS 484C.110(2). The State often relies on a blood test, but federal highway safety researchers report that THC levels in the blood correlate poorly with impairment at a given moment, which gives the defense something to test. A fixed per se limit applies only in certain cases, such as felony DUI and cases involving death or substantial bodily harm: 2 nanograms per milliliter of THC and 5 nanograms per milliliter of its metabolite under NRS 484C.110(4). See Las Vegas criminal defense.

Authority: NRS 484C.110(2), (4); NRS 678D.300(1)(a), (b); NHTSA, Marijuana-Impaired Driving: A Report to Congress (2017). Reviewed Oct. 2026.

Under Nevada DUI laws, a first offense is a misdemeanor with 2 days to 6 months in jail or residential confinement, or 48 to 96 hours of community service, plus a fine of $400 to $1,000 and DUI school. Your exact outcome depends on the facts and the judge. See my Las Vegas DUI lawyer page for the Las Vegas DUI penalties, DMV license rules and defenses.

Authority: NRS 484C.400(1)(a). Reviewed Oct. 2026.

It is unlawful to drive or be in actual physical control of a vehicle at a blood or breath alcohol concentration of 0.08 or more under NRS 484C.110. Nevada counts prior offenses over a seven-year lookback. A first offense is a misdemeanor, and a third offense within seven years is a Category B felony carrying 1 to 6 years in prison. See my Las Vegas DUI attorney page and Las Vegas criminal defense.

Authority: NRS 484C.110(1); NRS 484C.400(1)(c), (2). Reviewed Oct. 2026.

Refusal does not make the evidence disappear. Under NRS 484C.160, an officer with grounds to believe you were driving under the influence may seek a warrant and then use reasonable force to obtain a blood sample, and refusal can also carry license consequences. The useful response is scrutiny of the stop, the arrest, the warrant and the handling of the sample. See my Las Vegas DUI lawyer page.

Authority: NRS 484C.160(1), (2), (9); NRS 484C.210(1); Byars v. State, 130 Nev. 848, 336 P.3d 939 (2014); Missouri v. McNeely, 569 U.S. 141 (2013). Reviewed Oct. 2026.

The DMV case runs separately from the criminal case. The DMV revokes your license for 185 days if you tested at 0.08 or more or had a prohibited substance, for one year on a first refusal, and for three years if you had a refusal revocation within the previous seven years. The temporary license the officer gives you lasts only seven days. Full guide: Nevada DUI laws and what happens after your arrest.

Authority: NRS 484C.210(1), (2); NRS 484C.220(1). Reviewed Oct. 2026.

The statute lets you request it in writing at any time while you are not eligible to drive, and you get only one hearing. The temporary license lasts only seven days, so I would not sit on it. The hearing is a civil proceeding, not a criminal prosecution, and its scope is limited to the issues the statute lists, such as whether you refused or whether you tested over the limit. See Nevada DUI laws. My post on the first week after a Las Vegas DUI arrest covers the written request.

Authority: NRS 484C.230(1), (2); Beavers v. State, Dep’t of Motor Vehicles & Pub. Safety, 109 Nev. 435, 851 P.2d 432 (1993); Valenti v. State, Dep’t of Motor Vehicles, 131 Nev. 875, 362 P.3d 83 (2015). Reviewed Oct. 2026.

Seven years, measured before or after the new offense. Time you spend imprisoned, on probation, parole or residential confinement, or under a treatment provider, is excluded from the count. See Nevada DUI laws.

Authority: NRS 484C.400(2), (6). Reviewed Oct. 2026.

Nevada law usually governs an injury that happened here, although the choice of law can depend on the facts. If your case is filed in a Nevada court, Nevada’s filing deadlines apply even if you live elsewhere. Preserve photographs, incident reports and medical records now, and avoid recorded statements to an adjuster. See Las Vegas personal injury.

Authority: General Motors Corp. v. Eighth Judicial District Court, 134 P.3d 111 (Nev. 2006); NRS 11.190(4)(e). Reviewed Oct. 2026.

No. Nevada is an at-fault state, so you pursue the party who caused the harm and their insurer for your full damages, including pain and suffering, with no injury threshold to clear first. The trade-off is that you have to prove fault. See Las Vegas personal injury.

Authority: NRS 485.185(1); NRS 41.141(1). Reviewed Oct. 2026.

Not unless your share of fault is greater than the fault of the party you are suing. Under NRS 41.141 your recovery is reduced by your share of fault, and it is barred only if you are more at fault than the defendant, or than the combined fault of several defendants if you are suing more than one. In a two-car crash that means a finding of 51 percent or more. Expect the insurer to argue that you share the blame. See Las Vegas personal injury.

Authority: NRS 41.141(1), (2). Reviewed Oct. 2026.

Look to the uninsured and underinsured motorist coverage on your own policy. UM applies when the at-fault driver had no coverage, and in some hit-and-run cases where the driver cannot be found. UIM applies when their coverage is not enough, and Nevada’s minimum liability limits of 25/50/20 under NRS 485.185 mean UM/UIM can be a major source of recovery in a serious case. Nevada liability policies include UM unless the named insured rejected it in writing, and insurers must offer UM and UIM at limits equal to your bodily injury limits, so check your declarations page for what you have. See Las Vegas personal injury.

Authority: NRS 690B.020(1), (3)(f); NRS 687B.145(2); NRS 485.185(1). Reviewed Oct. 2026.

Not before you know the full extent of your injuries. Early offers often come before the claim is fully valued, and a signed release may leave you unable to ask for more if you later need surgery. Have any offer reviewed before you accept it. See Las Vegas personal injury.

Authority: Sibson v. Farmers Ins. Grp., 88 Nev. 417, 498 P.2d 1331 (1972). Reviewed Oct. 2026.

Generally two years from the date of injury under NRS 11.190(4)(e). For injured minors the clock generally does not start until age 18 under NRS 11.250, and claims against a government entity have their own rules, including a two-year claim-filing requirement under NRS 41.036 and a statutory damages cap under NRS 41.035. In practice the real deadline is shorter, because video and witnesses disappear within weeks. See Las Vegas personal injury.

Authority: NRS 11.190(4)(e); NRS 11.250; NRS 41.035; NRS 41.036. Reviewed Oct. 2026.

Read the summons and note the response deadline the day you are served, because a failure to answer can produce a default judgment. Do not contact the other party to argue the case, and collect every document tied to the dispute. Your case will be in either Justice Court or the Eighth Judicial District Court, depending on the amount in dispute. See Las Vegas civil litigation.

Authority: NRCP 55; JCRCP 55; NRS 4.370(1). Reviewed Oct. 2026.

Possibly. Civil cases filed in district court go into court-annexed, non-binding arbitration unless they are exempt, and damages cases of $100,000 or less per plaintiff must be submitted. A party can ask for a trial within 30 days of the award. This is separate from private arbitration required by a contract, which is usually binding. See Las Vegas civil litigation.

Authority: NAR 3(a); NAR 5; NRS 38.250(1)(a); NAR 18(a). Reviewed Oct. 2026.

Yes. Any party may file a request in the pleadings, and a request in the caption of a defendant’s initial appearance or response sends the case to a business court judge, who decides whether it belongs there. The court’s business court program has been changing, so confirm the current rules. Full guide: Business court in Clark County.

Authority: EDCR 1.61(c)(2), (c)(4). Reviewed Oct. 2026.

The decision cannot be appealed or reviewed by writ. The case is randomly reassigned, or sent back to the department it came from. Not every contract dispute between businesses qualifies, because the rule lists categories and the judge decides. See Business court in Clark County.

Authority: EDCR 1.61(a), (c)(4). Reviewed Oct. 2026.

It depends. Under NRS 613.195 a non-compete is void unless it is supported by valuable consideration, imposes no restraint greater than the employer needs, imposes no undue hardship, and has restrictions appropriate to the consideration. It cannot apply to an employee paid solely on an hourly basis, and if you were laid off in a restructuring, the employer may enforce it only while continuing to pay your salary, benefits or equivalent compensation. If a court finds a covenant supported by consideration is broader than reasonable, it must revise the covenant and enforce it as revised. See Las Vegas business litigation.

Authority: NRS 613.195(1); NRS 613.195(3); NRS 613.195(5); NRS 613.195(6). Reviewed Oct. 2026.

It can be. The answer turns on your operating agreement, any duties your partner owed you and what was taken or withheld. Collect the governing documents and the financial records before you confront anyone. See Las Vegas business litigation.

Authority: NRS 86.286; NRS 86.298; NRS 86.241. Reviewed Oct. 2026.

Six years for a written contract and four years for an oral contract under NRS 11.190. A contract claim generally starts when you know or should know the facts of the breach, and a sale of goods has its own four-year period. Negotiation alone generally does not extend the deadline unless you have a signed tolling agreement or the court finds grounds to toll it. See Las Vegas civil litigation.

Authority: NRS 11.190(1)(b); NRS 11.190(2)(c); NRS 104.2725; Bemis v. Estate of Bemis, 114 Nev. 1021, 967 P.2d 437 (1998). Reviewed Oct. 2026.

It depends on the contract. Six years applies to contracts founded on a written instrument, and four years applies to those that are not. A contract for the sale of goods has its own four-year period. Full guide: How long you have to sue for breach of contract in Nevada.

Authority: NRS 11.190(1)(b); NRS 11.190(2)(c); NRS 104.2725(1). Reviewed Oct. 2026.

For many contract claims, the Nevada Supreme Court has said the claim accrues when the plaintiff knows or should know of the facts constituting the breach. For sales of goods the statute generally says accrual does not depend on your knowledge, with an exception for a warranty that explicitly extends to future performance (NRS 104.2725(2)), and the court applied that to implied warranty claims in 2025. See How long you have to sue for breach of contract in Nevada.

Authority: NRS 104.2725(2); Bemis v. Estate of Bemis, 114 Nev. 1021, 967 P.2d 437 (1998); Golden Gate/S.E.T. Retail v. Modern Welding, 141 Nev. Adv. Op. 12, 565 P.3d 1 (2025). Reviewed Oct. 2026.

A payment made on principal or interest on an existing contract after it became due can start the limitation from the date of the last payment. A payment made after the period has expired does not revive the claim. See How long you have to sue for breach of contract in Nevada.

Authority: NRS 11.200. Reviewed Oct. 2026.

For a sale of goods, the parties can reduce the period to not less than one year in the original agreement. For other contracts the answer depends on the language and the facts, so have it reviewed before you assume the full period applies. My post on Nevada contract deadlines covers shortened periods in more detail.

Authority: NRS 104.2725(1). Reviewed Oct. 2026.

Sometimes. Nevada follows the American Rule, so each side normally pays its own fees unless a contract or statute shifts them. Many business and real estate contracts have prevailing-party clauses, and the offer of judgment rule, NRCP 68, can shift costs and, where fees are allowed, attorney’s fees against a party who rejects an offer and then fails to get a more favorable judgment. See Las Vegas civil litigation.

Authority: NRS 18.010; NRCP 68(f)(1). Reviewed Oct. 2026.

No. The Nevada Supreme Court or Court of Appeals reviews the existing trial record for legal error, with no new witnesses or evidence, and asks whether the error affected the outcome. If the jury or judge simply believed the other side, that alone is generally not a ground for reversal. See Nevada appeals.

Authority: NRAP 10(a); NRCP 52(a)(6); NRCP 61. Reviewed Oct. 2026.

In most civil cases, 30 days from service of written notice of entry of the judgment or order under NRAP 4(a). The court cannot extend that time for good cause, and a late notice can end the appeal. Call right after an adverse ruling. See Nevada appeals.

Authority: NRAP 3(a)(1); NRAP 4(a)(1); NRAP 26(b)(1)(A). Reviewed Oct. 2026.

Yes. A second set of eyes can find the strongest issues in the record, although an argument that was never raised in the trial court is usually treated as waived on appeal. The 30 days under NRAP 4(a) keep running when you change lawyers, so call early. See Nevada appeals.

Authority: NRAP 4(a)(1); NRAP 26(b)(1)(A); Old Aztec Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981 (1981). Reviewed Oct. 2026.