Driver’s License Revocation in a Nevada DUI Case

A Nevada DUI carries significant potential penalties, including the possibility of a driver’s license suspension or revocation. The driver’s license aspect of a DUI involves an administrative process that is completely separate from a DUI court case. Even if the criminal charges are dismissed or reduced, a driver must follow DMV reinstatement procedures to regain driving privileges. This article provides basic information about license revocations in Nevada DUI cases.

DUI License Revocations in Nevada

The Nevada DMV imposes a license revocation for any DUI, as follows:

• First DUI: 185-day license revocation
• Second DUI: One-year revocation
• Third and subsequent DUIs within seven years: Three-year revocation

The only way to avoid the DUI license suspension is to win the criminal DUI case and the DMV hearing on the license revocation. However, it may be possible to drive during the suspension period by having an ignition interlock device installed on your vehicle.

In addition, if you refuse to take a breath or blood test after a DUI arrest, a license revocation of one year or three years (depending on whether you have previous test refusals within seven years) may also occur.

Revocation Procedure

If you are arrested for DUI, Nevada law enforcement takes away your driver’s license immediately if: 1) your post-arrest breath test shows a BAC of .08% or more, or 2) you refuse to take a breath or blood test. The officer then sends your license to the Nevada DMV. You receive a temporary driving permit that is valid for seven days. To contest the license revocation, you must request a DMV hearing in writing before the temporary permit expires. If the seven days pass and you have not requested a hearing, the license revocation period begins.

If police suspect that you were driving under the influence of drugs, you may be required to take a blood test rather than a breath test. If the blood test is not required, you may be able to delay a license revocation by electing to take a blood test rather than a breath test. You may continue driving during the time it takes for the blood test results to arrive, which is usually a few weeks.

If the blood test shows that you were over the legal limit for alcohol or drugs, you receive a Certified Mail notice from DMV saying that your license will be revoked unless you request a DMV hearing in writing within seven days.

DMV Hearing

A DMV hearing on a license revocation is an administrative hearing that is completely separate from your criminal DUI case. Winning a DMV hearing is possible, but it is extremely difficult. A DMV judge does not apply the same strict standard of beyond a reasonable doubt that applies in criminal cases. Even so, a DMV hearing may be worthwhile. Your DUI defense lawyer can help you decide how to proceed with the license suspension aspect of your DUI case.

Ignition Interlock Device (IID)

In most cases, if you lose a DMV case, you may continue driving on a revoked license if you get an ignition interlock device (IID) installed on your vehicle. An IID is a breathalyzer that attaches to your steering wheel and disables your car if it detects alcohol on your breath. You are responsible for all the costs of installing and maintaining the IID during the license revocation period. The state certifies ignition interlock manufacturers, who contract with local retailers, dealers, and garages to install and maintain the IIDs.

If you provide proof of installation and meet other requirements, such as reinstatement fees, testing, and SR-22 insurance, the DMV issues a driver’s license with Restriction Y.  After you reinstate your privileges with an IID, you are no longer eligible to request an administrative hearing on your license revocation.

License Reinstatement After Revocation Period

When a DUI license revocation period ends, the driver must apply to DMV for a new license. DMV does not automatically restore driving privileges.

Defending Against DUI Charges and License Revocation

When you face a Nevada DUI charge, potential consequences include jail or prison time, license revocation, and other significant consequences. Regardless of whether you have previous DUI arrests or not, getting legal representation is the best way to minimize the consequences and have a chance at getting the charges dismissed or reduced.

Las Vegas DUI lawyer Joseph Gersten helps defendants aggressively fight DUI charges. His extensive investigative background, trial experience. and experience negotiating and navigating Nevada DUI cases provide significant benefits in challenging DUI charges. He has the comprehensive skill and knowledge required to identify and pursue the broad range of issues that can arise in a specific DUI case.

Free Consultation With a Trusted Las Vegas DUI Defense Lawyer

The Gersten Law Firm assists clients facing DUI charges, as well as other state or federal criminal charges in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.