Las Vegas DUI Lawyer

Nevada License Suspension

*Important Read This Paragraph*

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 you a 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.

Persons who refuse chemical testing, and persons with a BAC of .08+ or a detectable amount of a prohibited substance in his blood or urine will have his driver's license revoked by the police and advised of the right to administrative and judicial review of the revocation. If eligible, the officer will issue a temporary license to the DUI offender that will be effective for 7 days including the date of issuance. The officer will seize the DUI offender's driver's license and forward it to the Department of Motor Vehicles, who will issue an order of revocation that becomes effective 5 days after mailing. A written request for a hearing by the Department to review the order of revocation may be made at any time while a person's driving privileges are revoked.

Summary of Nevada DUI License Suspension

1. 1st Drunk Driving Conviction

License Suspension – 90 Days

Restricted License Possible After Half of Suspension is Served Ignition Interlock Device (May be Required for Restricted License)

2. 2nd Drunk Driving Conviction(Within 7 Years of Previous)

License Suspension – 1 Year (No Restricted License Possible)

May be Subject to Vehicle Registration Suspension

3. 3rd and Subsequent DUI Convictions (Within 7 Years of Previous)

License Suspension – 3 Years

Restricted License Possible. Ignition Interlock Device (If Restricted License Allowed)

May be Subject to Vehicle Registration Suspension

Is a Chemical Test to Determine a DUI Constitutional?

The U.S. Supreme Court has previously held that the use of a chemical test to determine alcohol content of a person is a search under the Fourth Amendment. Schmerber v. California (1966), 384 U.S. 757. The very basis of all “law abiding” citizens is that they obey the law. However, police have no obligation to tell you and teach you about your constitutional rights. Their actions are governed directly by what you as a citizen allow them to do. You can refuse a breathalyzer test without any possible penalty in the state of Nevada. However, it also states that you cannot invoke your constitutional right to privacy, nor invoke your constitutional right against searches and seizures, nor invoke your right against self incrimination, i.e. you cannot refuse a chemical blood test under Nevada law. It seems noone has brought the question of the constitutionality of this law up in the state of Nevada.

Is the law against refusing to submit to a blood test in a DUI case in the state of Nevada against the

4th amendment - ... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [ you cannot stop someone on the side of the rode and compel them to give into a breathalyzer or blood test without first obtaining a warrant detailing them in particular and for what reason ]
5th amendment - ... nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property [ you cannot stop someone on the side of the rode and make them give you evidence - breathalyzer / blood test - to help your DUI case against themselves ]
14th amendment - ... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.... [ if the 4th and 5th amendment are the law of the entire nation, you cannot make a law that goes against them i.e. illegal search and seizure and illegal compelling of incriminating testimony ]

The question has never been asked in a court of law, nor has it been answered in a court of law. Either no client has brought the issue up or simply accepts their punishment and pays whatever the state asks.

Nevada DUI 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 DUI 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 Offense and Third Offense

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.

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