The Nevada DMV requires you to request an administrative hearing within 7 days of the Breath Test or Notice from the DMV regarding the blood test results. This allows you to drive with a temporary license pending the DMV hearing. Generally, the DMV imposes a 90 day license suspension for the first DMV conviction, 6 months for the 2nd DUI conviction and a one year suspension for the 3rd DUI conviction in Las Vegas.
If someone is from out-of-state, the Nevada DMV may transmit the record to the Out-of-State DMV. In some cases, this does not happen and there is no suspension for an Out-of-State driver. However, the Nevada DMV creates a “Dummy” record in the event the Out-of-State person at a later point applies for a Nevada Driver’s License at which point you have to go though the reinstatement process.
Being arrested for DUI in Nevada can lead to a DMV hearing to determine if your driver’s license will be suspended. With a Las Vegas DUI Lawyer, you can avoid showing up in court and instead be represented by your legal counsel. Winning this hearing will mean you avoid the minimum 90-day suspension of your license.
There is nothing wrong with requesting for an administrative hearing to counter an administrative suspension of your driver’s license in Las Vegas. At this kind of hearing, your choice of DUI lawyer will offer arguments stating that the documents submitted are not enough and then cross examine the witness against you or the arresting officer. Important defenses happen at the hearing that can help you fight the criminal claims of the case to avoid conviction.
Period of Suspension under Nevada Law Depends on the Number and Timing of Prior Offenses
- First DUI – If you are convicted of a first DUI in Las Vegas, your driver’s license will automatically be revoked for a maximum of 90 days. You may also be entitled to regulated use of your license after 45 days have passed.
- Second DUI – A second Las Vegas DUI offense that happens within seven years after your first conviction will revoke you of your driving privileges for a period of one year.
- Third or Subsequent DUI – Third DUI offense within another 7 years will revoke you of your driving privileges in Las Vegas and Nevada for another three years.
DUI Administrative Hearing Scope of Review
There are three Nevada statutes of limitations to the scope of review during a driver’s license revocation hearing:
- Whether the person wasn’t able to submit an evidentiary test;
- Whether a person’s blood alcohol level went over the legal limit at the time of the test; and
- Whether the DUI officer who ordered an evidentiary test had reasonable grounds, at the time she ordered the test, to believe the person had been driving or in actual physical control of a vehicle while intoxicated.
Nevada law considers these administrative hearings to be civil in nature, and not criminal. This means you as the suspended license owner will need to provide enough proof that you were not under the influence while you were driving instead of the state having to obtain evidence to prove you were.
Order of Revocation After a DUI Arrest
It is essential that the driver discloses the driver’s rights to seek administrative and judicial review of the revocation as stated in the revised Nevada Statutes 484C.230. Also, the driver has the right to request for temporary license. If eligible, the officer should issue this license as approved by the Nevada Department of Motor Vehicles. This is valid for 7 days from the first issuance date.
The suspended license in Nevada will then be sent to the DMV along with the written certificate by the officer. After the order of revocation of the driver’s license has been served, then the officer must prepare and transmit to the the DMV the following:
- the seized license or permit;
- copy of the test result;
- a written certificate stating reasonable grounds to claim that the person had been driving or was in actual physical control of a motor vehicle with a concentration of alcohol of 0.08 or more in his or her blood or breath
- written certificate should likely state whether the officer served an order of revocation on the person and whether the officer issued the person a temporary driver’s license.
Fighting Suspended License in Nevada
You will only have seven days to contest the suspension of your license with an administrative hearing at the DMV. Get the best help you can in fighting administrative suspension by contacting a Las Vegas DUI Attorney!