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Getting arrested for DUI in Nevada immediately triggers a series of administrative and criminal actions. Unlike other charges, a DUI arrest can result in a driver’s license suspension before your court date. Under Nevada law, driving under the influence is treated not only as a criminal offense but also as a threat to public safety, justifying immediate license suspension via the Nevada DMV.
When your license is suspended or revoked, your driving privileges are no longer valid, and regaining them requires strict compliance with DMV and court protocols. This guide will help you understand the suspension process, timelines, and how to request a DMV hearing to present evidence and protect your rights.
DUI Arrest and Immediate License Seizure
Under Nevada’s implied consent law, operating a vehicle means you’ve legally agreed to submit to a breathalyzer test or chemical test if a police officer suspects DUI. Failing or refusing these test results will result in license revocation, starting the DUI license suspension process immediately.
If you are arrested for DUI in Nevada, the officer may confiscate your driver’s license and issue a temporary permit valid for seven days. After that, your license will be suspended, even if your criminal court case hasn’t concluded.
Important: You have only seven days from the date of arrest to request a DMV hearing. If you don’t, your driver’s license suspension begins automatically.
Administrative License Suspension Process
The Nevada Department of Motor Vehicles handles the administrative license suspension independently from your criminal case. During the DMV hearing, your arresting officer may testify, and you or your attorney can cross-examine witnesses, challenge the breath test, and present evidence that may affect the outcome.
Even if your criminal charges are eventually dropped, the DMV license suspension may still apply. This is why Las Vegas DUI lawyers recommend always fighting both sides of the case—the administrative and the criminal.
License Suspension Periods:
- First DUI offense: 185-day license suspension
- Second offense within 7 years: 1-year license revocation
- Third suspension (felony DUI): 3-year driver’s license revocation
Ignition Interlock Devices and Restricted Licenses
In many cases, you may be eligible to resume driving with a restricted license, but you must install an ignition interlock device. This device requires you to pass a breath test before your vehicle will start.
Nevada mandates installation and regular maintenance of these devices for:
- All drivers convicted of DUI
- Some drivers with administrative suspensions
Tampering with the ignition interlock device results in extended penalties, license suspension, and potential jail time.
Note: You’ll need to provide proof of compliance and financial responsibility, such as auto insurance meeting minimum liability standards, before a new license can be issued.
Evaluation, Treatment, and Reinstatement
To reinstate your license after a DUI suspension, you must complete the required:
- Alcohol treatment or education programs
- DUI evaluations
- Fines and administrative fees
Each DUI conviction has mandatory education and treatment programs, often court-ordered and monitored by the DMV.
The Nevada DMV typically sends the license suspension notice via certified mail—missing this notice is not a valid excuse for noncompliance.
Monitoring, Oversight, and Repeat Offenses
Nevada employs 24/7 sobriety programs, random testing, and oversight committees to monitor repeat offenders. Failing a test or missing one can result in longer revocation periods or a complete denial of license reinstatement.
A felony DUI or multiple offenses within seven years will significantly impact your future ability to drive legally, and your insurance company may impose high insurance premiums or cancel your coverage entirely.
FAQ
1. Can I drive after a DUI arrest in Nevada?
Yes, but only with a temporary license valid for 7 days. You must request a hearing within that period to avoid automatic driver’s license suspension.
2. How do I reinstate my driver’s license after a DUI suspension?
You must complete court-mandated alcohol treatment, pay fines, install an ignition interlock device, and show proof of insurance to the Nevada DMV.
3. What happens if I refuse a chemical or breath test?
Refusing a test results in immediate license revocation, potentially longer than if you had failed the test. Refusals are treated seriously under Nevada DUI law.
4. Can a Las Vegas DUI lawyer help me fight my license suspension?
Absolutely. An experienced attorney can present evidence, identify errors in your blood test or arrest procedure, and represent you at your DMV hearing to potentially reduce or overturn your suspended license.
Conclusion
Whether you’re facing your first DUI offense or dealing with a third suspension, the consequences of having your license suspended or revoked are serious. Nevada’s system is strict, but also offers legal options, including restricted licenses, evaluation programs, and the opportunity to cross-examine witnesses at your DMV hearing.
A successful outcome often depends on swift action, knowledge of the revocation period, and the support of experienced Las Vegas DUI lawyers who can challenge the DUI license suspension and protect your rights.
Don’t wait. If your license is at risk, contact The Defense Firm today for a free consultation and start building your DUI defense the right way.