Las Vegas DUI Lawyer
Nevada License Suspension
Concerning your license in a DUI situation you either have your license taken away by an officer, or you will receive a letter from the DMV revoking your license [ shown below]. You then have 7 days to request a hearing. The DMV must schedule an initial hearing within 90 days from the date of revocation or notification of revocation. DMV will mail your hearing notice. You should receive it 30 to 45 days after your request. If you fail to request a hearing with 90 days from the start of the revocation period, you waive the right to that hearing. Your immediate goal is a temporary license, available to anyone whose revoked drivers license is otherwise valid. This temporary license allows you to drive until the written opinion from your DMV hearing is issued.
Nevada Breathalyzer Test
If you are arrested for DUI / DWI and given a breathalyzer test at the station with results of at least 0.08%, your Nevada driver's license will be confiscated by the officer and you will be provided with a notice of suspension. This document also serves as a temporary permit [Nevada temporary drivers license] to drive for a period of 7 days. The purpose of the temporary permit is to give you or your attorney an opportunity to contact the DMV during the 7 days to request a hearing to contest the DUI suspension.
Nevada Blood Tests
If the police took a blood test after the arrest, your license will not be confiscated at the station as analysis by the crime lab can take over a month. If the results later show a blood-alcohol concentration of at least 0.08%, you will receive notification from the DMV informing you that your driving privileges are suspended.
If you are convicted of either driving under the influence of alcohol and/or drugs, or driving with 0.08% blood alcohol concentration, your driving license will be suspended for a period of 90 days. After 45 days of suspension, however, it is possible to have the suspension replaced with a restricted driving privilege (to and from work).
Nevada DUI License Suspension on Second and Third Offenses
- A second offense within seven years will result in drivers license suspension for one year, with no work restriction possible.
- A third offense carries a 3-year drivers license revocation, with no work restriction possible.
It is strongly recommended that you or, preferably, your Nevada DUI attorney or Las Vegas lawyer demand an administrative hearing from the DMV. There is nothing to lose and everything to gain; the DUI suspension will be no greater if you should lose the hearing and, unless you are convicted of the criminal offense, a decision in your favor will vacate the suspension.
Design by Boundless Enterprise: Kevin Cardinale
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