At the time of your DUI arrest or upon processing at the jail, you will be given a choice to either a breathalyzer test, or a blood test to determine your blood alcohol concentration (BAC) for evidentiary purposes. If you elect a breath test and results show a BAC of greater than .08 you will have your license immediately seized by the arresting officer and you will be issued an order of revocation of your license. You will be advised of your right to have an administrative review of your pending license suspension for the DUI, and you may request a temporary license which will expire 7 days after issuance. If you elect to take a blood test, you will get to keep your license until the result are received, which takes 60 days or more, during which time, your driving privileges are still intact.
Assuming a breathalyzer shows a BAC of greater than .08, the officer will issue a paper temporary license which expires in 7 days. (if you are already driving on a temporary license for a previous DUI, you won’t qualify for an additional temporary license, and the original temporary license will be taken). If you elected to take the blood test, once results are received showing BAC greater than .08, the DMV will mail you a notice of suspension which takes effect 5 days after mailing to your last known address.
How long will my license be suspended for a DUI?
If either test shows BAC of greater than .08, without requesting an Administrative Hearing, your license will be suspended for:
- 1st DUI – 185 days. After 45 days, you may be able to receive a restricted license upon installation of a breath interlock device.
- 2nd DUI – within a seven-year period from the first DUI, your license will be suspended for 1 year.
- 3rd DUI and greater – within a seven-year period from the first DUI, your license will be suspended for 3 years.
If stopped by police while driving on a suspended license, you may be subjected to additional criminal charges with strong penalties. Driving with a suspended license is a misdemeanor with jail time of up to 6 months and up to $1,000 fine.
Immediately after the DUI arrest, it is important that you contact a lawyer to represent you, both for the criminal charges in court, and for the DMV Administrative Hearing. Once an Administrative Hearing has been requested, a “stay” is put in place for your license suspension, pending the outcome of your Administrative Hearing.
How does an Administrative Hearing work?
An Administrative Hearing is like other court proceedings, presided over by an Administrative Law Judge (ALJ). Under oath, witnesses are called to testify and may be cross-examined. Physical evidence, statute and case law may be introduced.
According to NRS 484C.230, the scope of the Administrative Hearing is to determine:
- Whether you refused to take either the breath or blood test for evidentiary purpose
- Whether your blood alcohol level was greater than .08
Your lawyer will have the chance at the Administrative Hearing to cross examine the arresting officer, and ask questions regarding the above scope issues, and also whether the officer had probable cause to make the DUI arrest. Evidence may be challenged as to its accuracy, and application to your case.
The ALJ may issue his ruling immediately, or he may wait 30 days to issue his ruling. If he rules in your favor, you may keep your license pending the outcome of your criminal trial. If he rules against you, you will be notified by the DMV by mail of the outcome. Whether you win or lose the Administrative Hearing, you will have delayed your suspension for the period of time until the hearing concluded.
In many cases, due to scheduling conflicts and other work assignments your arresting officer may not appear at the administrative hearing, in which case, your lawyer will move for dismissal and you will get to keep your license pending the outcome of the criminal trial.
Criminal Trial for DUI
We have discussed the court process in a DUI previously regarding possible outcomes in a DUI proceeding. If you win at trial, or if an acceptable plea agreement is negotiated between your lawyer and the prosecutor, you may get to keep your license based on those arrangements. If you are convicted of the DUI, you will have your license suspended according to the above statutory requirements.
The Defenders will use their skills to protect your driving privileges
The lawyers of The Defenders are well acquainted with all aspects of defending clients against DUI charges and will work hard to retain your driving privileges. Our firm has had great success at having DUI charges reduced or dismissed. Getting from place to place in Las Vegas is essential to being able to earn a livelihood and losing those rights can be a life changer. Don’t try to go it alone…if you’ve been charged with a DUI, call our office today at (702) 333-3333 or click the green button at the bottom of the page.