Can I Drive After a DUI Before a Court Date?
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The DMV in most states, including Nevada, considers a driver’s license a privilege, not a right so when something happens like a DUI charge, the DMV is quick to take your license away.
This is the most dreaded consequence of a DUI arrest case. Having your driver’s license revoked for DUI can cause a multitude of issues including finding ways to get to work or school.
General errands become an issue and going anywhere can involve additional expenses like fees for Uber or Lyft or buying a bus ticket.
Having your license revoked is very inconvenient and the court has started to recognize that people do need to get to work or school even after they’ve been charged with DUI. To avoid having your license revoked for DUI your best bet is to hire an attorney that has expertise in DUI cases.
Will I Lose My License After I’m Charged With DUI
Remember, being charged with a crime does not make you guilty of that crime.
Your license will not be automatically taken from you if you’re charged with DUI, but there are a few things you need to do immediately after your arrest to secure that your license isn’t taken right away:
- Within 7 days of your arrest for DUI, you need to request a DMV hearing. This must be done within 7 days of arrest and in writing
- Hire a legal professional to go to the DMV hearing on your behalf and represent you in your court case
Once you have requested a hearing with the DMV, you will be issued a temporary license to drive for the 7-day period or the period between arrest and the DMV hearing.
If you lose the DMV hearing, your license will be suspended on the day of the hearing.
However, if you have an experienced DUI attorney by your side, they may be able to get the DMV to extend your temporary license until the conclusion of your court case at a later date.
But this will only happen if you hire an attorney.
So if your attorney can get the DMV to extend your temporary license until your court case concludes, you can keep driving until the end of your court case and then you’ll begin your suspension for 6 months for the first DUI offense.
This only can happen for the first offense DUI and if you don’t have a criminal record.
This is not something that can happen if you’re arrested for your 2nd or 3rd DUI.
Failing to Take DUI Tests
If you are pulled over for DUI and fail to take the breathalyzer or blood test your license will be suspended automatically for one year for refusal.
This is double the time for a first DUI offense. It is an automatic sentence and even though you can request a DMV hearing, no temporary license will be issued.
If you fail to take the test again for a second time in five years, your license will be suspended for 3 years automatically.
Remember, these suspensions are in addition to the DUI suspensions.
So if you are arrested for a first-time DUI and refuse to take the tests and are convicted, your license will be revoked for 18 months: one year for the refusal to take the test and 6 months for the DUI suspension.
Can I Still Drive Once My License Is Suspended
Since the court recognizes that people need to work or attend school while they are serving their sentence for DUI, there are a few things that allow you to have a license while you’re serving your sentence for DUI.
Depending on how many times you have been arrested for DUI determines how long your license will be revoked and when you can drive again.
Once your license is suspended you may be able to request a restricted license that allows you to drive to and from work or school.
You may be required to place an ignition interlock device in your vehicle while your license is suspended in order to obtain a restricted license.
What Is an Ignition Interlock Device or IID
No bigger than the average cell phone, IIDs are small computer devices that are installed in your vehicle on the car’s steering column near the ignition.
This device has a mouthpiece that you blow into every time you get in your vehicle.
If your sample doesn’t detect alcohol, the car will start like normal. If your device detects alcohol of any kind at levels of .02% or higher, your car will not start because you are considered under the influence.
These devices also require installation, calibration, and removal by a certified service interlock provider. It costs approximately $150 for the installation and another $100 per month to maintain each IID.
You are responsible for all costs associated with your IID device.
But getting approved for an IID device allows driving to work and school and with approval some other functions as well.
How Long Do I Need to Have an IID?
How long you have to have the device in your depends on your DUI conviction:
- 1st offense: your license will be suspended for 6 months and you can request an IID immediately and drive the whole six months if approved.
- If you’re convicted of a third DUI offense then your license will be suspended for 3 years and you must wait one year to request an IID device and then you must maintain it for 12-36 months.
What if I Drive After My License Is Suspended
Unless you win both your DMV hearing and your court case, your license will be suspended for DUI. You might be able to drive with a restricted license for a period of time to and from work.
However, if you drive while your license is suspended and got caught, the consequence would be:
- 6 months in jail and / or
- Up to a $1000 fine
This will be added to your original suspension. So if your license is suspended for 6 months, it will now be suspended for 1 year.
Why Do I Need to Hire a DUI Lawyer
License suspensions are the most inconvenient of the DUI penalties and can be very disruptive to one’s life. Sometimes, your attorney has the opportunity to have the license suspension sentence reduced.
They can go to the DMV hearing as your representative and attend all your court appearances.
Your DUI attorney can request an ignition interlock device be placed in your car so you can drive to and from work while your case is pending or when your license is suspended. They can arrange for bail and release from jail if you have been jailed during your DUI arrest.
In any criminal case, time is of the essence; however, in DUI cases, this is more important as you must request a DMV hearing within 7 days of your arrest.
Your DUI lawyer can arrange the hearing and attend for you.
What Can The Defenders Can Do for You
- Determine if the police acted in error or misconduct during your arrest for DUI
- During your consultation, we will discuss the possible outcomes of your case from best case scenario or the worst
- Advise you of all legal options available to you
- Investigate your case to determine the facts and circumstances of the alleged crime
- Attend all hearings like the DMV hearing
- Navigate all the proceedings with you
The Defenders have a long-standing reputation within the Nevada legal community. We have built many relationships with officers of the court including the prosecuting attorneys and staff.
We will use our experience to help defend your case and come up with creative ways to defend your criminal case.
