DUI and Driver's License
I got a letter in the mail saying the DMV was going to revoke my license. What do I do?
When an individual is arrested for DUI and their blood or breath results are forwarded to the Nevada Department of Motor Vehicles, it is common that a computer generated notice letter will be mailed out of Carson City to the address of record for the driver, indicating that the driving privileges are set to be revoked. It is very important that upon receiving this letter you contact an experienced Las Vegas DUI Attorney as soon as possible. In many cases you will only have one week before you automatically lose your ability to legally drive. Josh Tomsheck can request a hearing with the DMV, essentially an appeal of the department's decision to revoke your driver's license and driving privileges. At this hearing, which Mr. Tomsheck will generally handle for you at no additional cost, the law enforcement officer who made the arrest will testify under oath, same as he or she would in a Courtroom, about the facts and circumstances of your case. In many circumstances, it is possible that you will be able to keep your driver's license or be eligible for driving on a temporary or restricted license while the matter is resolved. Mr. Tomsheck has handled hundreds of DMV Hearings and has been able to obtain many good results for his clients in these difficult cases.
What is a DMV hearing?
A DMV Hearing is a hearing related to your driving privileges which takes place at the DMV hearing office before an Administrative Law Judge. This is an administrative hearing, and not a trial as you would expect in a Court of law. The Administrative Law Judge will preside over the hearing, and in a DMV Hearing related to a DUI arrest, the arresting officer will testify. The Administrative Law Judge will then make a determination and issue an Order regarding your driving privileges. While this is not a Trial, the hearing is similar to a trial in many ways. Witnesses will be called to testify under oath, and they may be cross-examined. The person for whom the hearing is being held has a right to call witnesses and admit evidence. The Administrative Law Judge will consider evidence and testimony, as well as the appropriate statutory regulations and case law. The written decision and Order after hearing will generally issue within a week of the hearing.
Will I lose my driver's license?
There are two (2) main ways a person can lose their driving privileges for a DUI related offense in Las Vegas. The first is an administrative revocation initiated by the DMV for a .08% violation, meaning an individual is found to be driving with a blood or breath alcohol test of greater than the legal amount. This is an administrative revocation and is not related to a conviction for DUI in the criminal court. This revocation is ninety (90) days for a first offense. In most cases a driver would be eligible for a restricted license for the second half of that revocation period. For a second offense a person's driving privileges can be revoked for a full calendar year.
- If convicted of a DUI charge (first offense) in Court, a person will have their license revoked for a ninety (90) day period after the Court notifies the DMV of the conviction. If you have already had an administrative revocation for ninety (90) days, you will not be revoked twice. A DUI Court revocation and a .08% violation administrative revocation is an either or proposition, you cannot be revoked twice. Each subsequent DUI conviction has a greater consequence and the revocation process will be significantly longer.
- It should be noted that under new Nevada law, in the event a person refuses to submit to an evidentiary chemical test for alcohol or drugs upon request by an officer, the person's license can be revoked for a one (1) year period.
Is it illegal to drive if the police officer took my driver's license?
When a law enforcement officer takes your driver's license related to a DUI stop in Nevada it is usually because you have submitted to a breath test and the result was greater than .08% BrAC. If that is the case, the officer will take your license and provide you with a Nevada DMV Form DP-45, more commonly referred to as a “pink sheet.” This is a “certification of cause” form indicating that the officer believes he or she had cause to revoke your driving privileges for DUI. If you do nothing, your license will automatically be revoked. The pink sheet serves as your driver's license for one (1) week, until the revocation goes into place. After which it is illegal to drive. If caught driving with a revoked license for DUI this is a separate criminal offense, which is punishable by a mandatory thirty (30) day jail sentence. It is imperative that if you have an officer take your license for a DUI arrest, that you act quickly in securing a competent lawyer who specializes in DUI law in Las Vegas. The time to act to save your chance at retaining your driving privileges is very small and time is of the essence in fighting your DMV revocation.
I live in another state. Can Nevada revoke my driver's license?
DUI arrests in Las Vegas are a serious allegation and can have repercussions even if you do not have a driver's license issued by the State of Nevada. Nevada shares information with your home state (the state where your license is issued), and vice versa, under the Interstate Drivers' License Compact. This compact is an agreement between states to share information specifically having to do with the driving privileges of an individual in the state that issued the person's driver's license. If you are convicted of a DUI in Nevada, your home state will be notified and your home DMV will impose the same punishment, revocation or suspension of driving privileges they would if you had been convicted in your homes state pursuant to their law. In addition, Nevada can move to revoke your in state driving privileges even if your license is issued in a different jurisdiction. For instance, you could be a California licensed driver and face a DUI charge while driving in Nevada. The Nevada DMV can move to revoke your ability to legally drive in the State of Nevada on your California driver's license.
Will a Boating Under the Influence arrest affect my driver's license?
In most cases the answer is no. Nevada does not require a license to operate most boating vessels. While it is illegal to operate a vessel impaired, in the same manner as it is to operate a motor vehicle, there are generally no repercussions or consequences to a person's DMV driving privileges based on a BUI offense.
Will my driver's license be reinstated right away after my license suspension?
No. When a driver's license is revoked for a DUI allegation the driver will have to apply to reinstate his or her driving privileges with the DMV. Depending on the circumstances and the person's driving history, the DMV may require the person to complete, and pass, a written test or a driving skills test.
Can I get a driver's license in another state to avoid getting my driver's license revoked?
No. While many people believe they can just apply for a driver's license in another state following their DMV revocation, this is not actually the case. Nevada will notify your home State, and vice versa, about your revocation via the Interstate Drivers' License Compact.
How many points is a revoked license?
A revoked license does not provide any additional “points” to a person's driving record. However, the underlying cause for the revocation can be a point based offense. Once a revocation happens, the person revoked simply does not have a license for the time allotted. No additional points are added for the revocation.
Can I avoid having points on my driver's license?
All moving violations come with “points” attributable to your driving record. An accumulation if 12 points in a matter of 12 months will result in a license suspension for six (6) months. A DUI conviction results in an automatic revocation of your driving privileges independent of the point system. In many cases, an adept Nevada DUI Attorney can work to find issues with your case in which a DUI charge can be amended to a Reckless Driving (8) or Careless Driving (6) charge and a DMV can be kept off your record. Moving violations and their respective point values are as follows:
- Reckless Driving: 8 points
- Careless Driving: 6 points
- Failure to give information or render aid at the scene of an accident: 6 points
- Following too closely: 4 points
- Failure to yield right-of-way: 4 points
- Passing a school bus when signals are flashing: 4 points
- Hand-held cellphone use or texting (2nd and subsequent offenses): 4 points
- Disobeying a traffic signal or stop sign: 4 points
- Speeding violations
- 1-10 mph over posted limit: 1 point
- 11-20 mph over posted limit: 2 points
- 21-30 mph over posted limit: 3 points
- 31-40 mph over posted limit: 4 points
- 41 mph or more over posted limit: 5 points
- Prima Facie speed violation or driving too fast for the conditions: 2 points