When a Nevada licensed driver gets arrested for driving under the influence, there will be repercussions in the context of a criminal Court as well with the Nevada Department of Motor Vehicles. The driver license suspension or driver license revocation is a separate action from the court. If the driver completed an evidentiary breath test after driving and the result is greater than a 0.08%, the driver's license will be suspended immediately. The attorney will then have to request a DMV Hearing to contest these findings and the revocation. If the driver completed an evidentiary blood test, he or she will receive notice from the DMV, at which point a DMV Hearing will be requested by the attorney. This notice will come in the form of a certified letter. If an individual refused to submit for an evidentiary breath test or an evidentiary blood test, forcing the police officer to get a warrant for the defendant's blood, then the individual's driver's license is automatically revoked for a one (1) year period. For more on a DMV Hearing, please click here. A person does not have the opportunity to have a DMV Hearing if he or she has been convicted of a DUI. When the Court adjudicates the Defendant guilty of a DUI, the DMV will be notified by the Court. At which point, the DMV will send out a suspension notice with the dates in which the Defendant is forbidden to drive. If caught driving on a suspended license, the Defendant risks violating the Court's stay out of trouble order and picking up a new charge. This can place the Defendant at risk for going to jail.
For a First DUI Offense, the driver's license is typically suspended for a period of ninety (90) days. Once forty-five (45) days, commonly referred to as a “hard bar” period, of the suspension period has been served, the driver is eligible to apply for a restricted license. This license has terms and conditions, such as that the driver can only drive during day time hours and to and from work, school or other pre-approved locations. After the ninety (90) day suspension period is over, the defendant's driver's license can be completely reinstated. For a Second DUI Offense, the driver's license will be suspended for a period of one (1) year and no restricted license will be available. For a Felony DUI Offense, the driver's license will be suspended for up to three (3) years, and a restricted license may be available after one (1) year. A driver who refused a chemical test, like blood or breath, faces an automatic one (1) year revocation of driving privileges in Nevada.
The Department of Motor Vehicles does not notify a person when the suspension or revocation period ends. The original notice, stating when the revocation or suspension begins, also gives the end date. When reinstating the driver's license, the person may have to retake a vision, written, or driving skills test. The driving skills test is required if the license has been suspended or revoked for more than one (1) year. To drive again in Nevada, the driver will be required to have a SR-22 for insurance purposes. For more on SR-22 requirements, please click here. In some cases, a person may be required to have an ignition interlock device installed in their car at their expense. For more on the ignition interlock device, please click here.
If you have been arrested for a DUI in Nevada, it is important to discuss the specifics of your case with an experienced Las Vegas DUI Attorney as soon as possible. Josh Tomsheck is nationally Board Certified Criminal attorney and is a member of the National College for DUI Defense. Mr. Tomsheck has over a decade of legal experience handling DUI and DUI related cases. Josh Tomsheck will handle both aspects of your case, with the DMV and with the Court. Las Vegas DUI Attorney Josh Tomsheck has won many DMV Hearings, so his clients never had their license revoked or suspended. For your free consultation, please contact him here today!