How Many Points Is a DUI in Nevada: Understanding the Impact of DUI on Your Driving License

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Like most other states Nevada has an appointed system for driving or DMV violations. Points or demerits as they are called are given out based on the violation.

If you get 12 points within one calendar year your license can be suspended for 6 months. Traffic tickets or violations will trigger points or demerits on your license.

For example, if you receive 12 points within a year, your license is suspended for 6 months with the ability to get a restricted license in 3 months.

If you get a 2nd 12 demerits in a three-year period your license will be suspended for 1 year with the ability to apply for a restricted license in 6 months. You can learn more about Nevada’s DMV demerit point system here.

A third offense within five years requires a suspension of one year with no option to get a restricted license.

A restricted license allows you to commute to and from work or school. They are not automatically given and you must apply with the DMV to get a restricted license.

Do All Traffic Violations Carry Demerits or DMV Points?

Parking and non-moving violations do not carry any demerit points. Driving under the influence (DUIs) doesn’t carry demerit points because the DMV automatically suspends or revokes your license.

Can I Erase My Demerit Points?

Demerit points will automatically be removed after 12 months from the violation. However, you can remove 3 points at any time by completing traffic safety school.

Attending Traffic School

There are a few things you need to know about attending traffic school.

1. If you are required to attend traffic school as part of the penalty for the court, the demerits will not be removed.
2. You can only a trend traffic school once a year to remove points
3. You should only attend traffic school after the DMV has added the demerit points. If you attend ahead of time, the points added later won’t be erased.
4. Even after attending traffic school and having the 3 points removed, the violation itself still stays on your record for up to three years. So even if you don’t lose your license because of demerits your auto insurance may increase.

What Are the Nevada DMV Point Schedule

All moving violations carry a point value for demerits for example:

• Speeding 1-10 miles over the speed limit= 1 point
• Speeding 11-20 miles over the speed limit = 2 points
• Speeding 21-30 miles over the speed limit= 3 points
• Speeding 31-40 miles over the speed limit= 4 points
• Speeding in a school zone=6 pointss
• Hit-n-run= 6 points
• Running a red light= 4 points
• Driving in the carpool lane= 4 points
• Texting and driving= 4 points

These are just a few examples of the points associated with a moving violation.

You will still have to pay the ticket, court costs for the ticket, and other costs related to DUI.

Note that in some cases the DMV can revoke your license even if you accumulate less than 12 points for example a hit n run case.

Can I Stop My License From Being Suspended for Too Many Points

Since the DMV does not give demerit points for DUI, your license will be suspended once you have the DMV hearing. You must win both the DMV hearing and the court case for your license to not be suspended for a DUI.

If you lose one or the other case, your license will be suspended for DUI.

Once you receive your 12 demerit points in a year period your license will be automatically suspended for 6 months. You can request a DMV hearing like the one you need to request for a DUI.

DMV hearings are notoriously hard to win since it is not technically court and the burden of proof is much lower. You should consider hiring an experienced DMV or DUI lawyer to appear at the DMV hearing for you.

On a side note, it is a misdemeanor in Nevada to drive on a suspended license.

The penalties include:

• 6 months in jail and/or
• $1000 fines

And the DMV will suspend your license for an additional six months.

DUI License Suspension

Since DUI’s don’t carry demerits or DMV points, the license suspension is based on the offense, how many times you’ve been charged with DUI and the time between each DUI.

• 1st offense DUI within 7 years: 6 months suspension with the ability to apply for a restricted license
• 2nd DUI offense within 7 years of the first: one year suspension with the ability to apply for a restricted license
• 3rd DUI offense within 7 years (a Felony): 3 years suspension with the ability to apply for a restricted license after one year.

Since DUI’s don’t carry DMV points but an automatic suspension it could be a case where both happen. You get a DUI with an automatic suspension and you have other moving violations that equal 12 points and have a suspension for that as well.

What to Do if You’re Arrested

In most cases, DMV point violations will not involve being arrested. In some cases though—like DUI, leaving the scene of an accident or hit n run—you may be placed under arrest and brought to the police station.

Once you arrive at the police station they will begin the booking process. This includes all personal information like date of birth, address, and all other identifiers like tattoos. Your fingerprints will be taken and photos of you will also be taken.

During the booking process, you will be asked a series of questions related to you and your stay at the jail. These questions you need to answer.

However, once the questions turn to the reason you are in jail, we recommend you request an attorney since this has now become an interrogation. If the police decide to interrogate you, know that they have to read you your “Miranda Warning.” Even if you have never been in trouble before, if you are arrested for any reason, ask a lawyer before answering any questions.

Should I Speak With the Police When Arrested

The simple answer is no. The police cannot force you to speak with them or force someone to confess. Statements to the police are considered voluntary; however, whatever is said can be used against you at a trial or court proceedings.

It is best to always request an attorney or have a loved one hire one immediately for you.

If you cannot afford a private defense team, you still have the right to an attorney and should ask for a public defender.

The Defenders Your Defense Lawyers

If you have been charged with a crime or arrested in Nevada, we are the law firm here to help you. The Defenders is a criminal defense team whose expert lawyers represent clients who have been charged with DUI’s, felonies, misdemeanors, domestic violence, sex crimes, murder, drug charges, white-collar crimes, and other criminal case categories.

What you need to know:

Time is of the essence. You need help immediately once you are charged with or arrested for a crime like DUI. The choices you make in hiring a reputable law firm can make all the difference in the outcome of your case and can have a permanent effect on your life.

You should always work with a legal team that has a track record of winning cases and knows the court system and laws in Nevada.

Contact us for a free case evaluation.