DMV Suspension Lawyer in Las Vegas
Nevada DUI arrests can incur severe penalties. In addition to jail time and fines, you can expect a DMV suspension of your license unless you are both not convicted of a DUI offense and are successful in your DMV suspension hearing. So, what happens with a DMV suspension?
The length of a DUI DMV suspension depends on the circumstances of your case. In some cases, defendants may be eligible to regain driving privileges early so long as they install an ignition interlock device (and meet other requirements) after their license has been suspended a certain amount of time.
If you’ve recently been charged with a DUI in Las Vegas or anywhere in southern Nevada, we can help you fight your DMV suspension as well as your DUI charges.
Contact The Vegas Lawyers or give us a call at (702) 707-7000 to schedule your free initial consultation today.
What Happens to Your License After a DUI Arrest?
When a police officer arrests you for a DUI, he or she will typically give you the option to take a DUI breath test or blood test to determine your blood alcohol concentration levels (BAC). However, if drug use is suspected, you’re required to take a DUI blood test or give a urine sample.
If a breath test determines your BAC levels are above .08 or you’re otherwise above the legal drinking limit for your age or category, they will take your license and notify the DMV. Also, refusal to take a DUI chemical test will result in an automatic license suspension.
If this occurs, you’ll be issued a 7-day temporary license. You must make a written request for a hearing with the DMV if you desire to contest your DMV suspension during that time. Depending on how soon your meeting can be scheduled, the DMV may extend your temporary license until the hearing date.
It’s important to note that you could still be convicted of a DUI in Las Vegas if the officer doesn’t take your license. That’s especially true in cases where a defendant opts for a DUI blood test or gives a urine sample – which could take more than a month for you or the DMV to receive the results.
If your results come back with a BAC higher than the legal limit or a high concentration of drugs in your system that could have led to a DUI, the DMV will notify you via mail. Your 7-day license suspension will start at this point.
Will My License Be Suspended For DUI in Nevada?
If you are arrested for DUI but not convicted, your license may not be suspended. However, you must attend a DMV suspension hearing regardless of the outcome of your criminal case.
Defendants convicted of a first DUI (within seven years) in Nevada can expect a license suspension of 185-days. Depending on the circumstances of your conviction, you may qualify for a restricted license 90-days into your suspension. Subsequent DUI convictions or cases involving extenuating circumstances can incur longer suspensions.
How Long Does A DMV Suspension For DUI Last?
The length of a DMV license suspension depends on the DUI offense, prior convictions, and other factors. Generally, license suspension guidelines are as follows.
- First DUI: 185-day license suspension, but you can potentially receive a restricted license 90-days into your suspension so long as you install an ignition interlock device (IID).
- Second DUI: 1-year license suspension without the chance to get a restricted license.
- Third DUI or Other Felony DUI: 36-month license suspension, but you can apply for a restricted license after 1-year with the installation of an IID.
You can potentially avoid a DMV suspension if your case is dismissed or your charges are decreased to a non-DUI offense. However, if you’re convicted of a DUI in Nevada, your license will be suspended. For this reason, it is essential to hire a proven Las Vegas DUI attorney to handle your DMV and criminal case.
What You Can Expect at a DMV Suspension Hearing
DMV hearings operate similarly to civil or criminal court proceedings. An Administrative Law Judge (ALJ) presides over the hearing and gives a judgment typically within 30 days of the hearing. Depending on the details of your DUI case, you can expect the following at the DMV hearing:
- Eyewitness testimony and cross-examination
- Consideration of physical evidence
- Contemplation of statutes, DMV regulations, and precedence
- An immediate decision or written decision within 30 days
If you are unable to attend your hearing, your Nevada DUI lawyer can attend on your behalf.
If the ALJ rules against you, you will receive a written decision outlining your license suspension’s start date and completion date. If you win your DMV suspension hearing, you will receive permission to obtain your license from a Nevada DMV site so long as you don’t have other eligibility issues.
How Do I Reinstate My Suspended License in Nevada?
If it’s your first DUI offense, you may apply for a restricted license 90 days into your license suspension. Likewise, if you’ve been convicted of a third DUI, you can apply for a restricted license 1-year into your suspension.
Otherwise, you must wait until your DMV suspension period passes. At that time, you can apply for license reinstatement. Your DMV suspension continues until you physically receive a new license card in the mail. To reinstate your license after a DUI charge, you must:
- Wait until the DMV suspension expires
- File for and obtain SR-22 insurance, or other proof of financial responsibility
- Reapply for a license and complete appropriate steps
- Pay all civic and administrative fees
Even if you move out of state, the Nevada DMV can provide you with a clearance letter after your license revocation ends. However, you will still have to pay all applicable Nevada civic and reinstatement fees.
Contact The Vegas Lawyers Today – We Can Help
If you’ve been arrested for a DUI in Las Vegas or surrounding areas, The Vegas Lawyer can help. DUI convictions can negatively affect your freedom, finances, and ability to travel via driving.
A skilled lawyer can challenge both criminal charges and DMV suspensions. Our dedicated Nevada DUI attorneys and paralegals understand what’s at stake and will work hard to help you receive the least amount of penalties possible under the circumstances.