Fail a Breathalyzer? You Have Seven Days to Save your Driving Privileges

Fail a Breathalyzer? You Have Seven Days to Save your Driving Privileges

If you submitted to a Breathalyzer test in the State of Nevada, and the results were higher than .08, the DMV has already revoked your driver’s license. You’ve been charged criminally with a DUI, and probably already spent time in jail, but the clock is ticking. You can have your driving privileges restored temporarily by requesting a DMV administrative hearing. However, the time to make this request is within seven days of the failed Breathalyzer test.

If this is your first DUI offense, and you apply for an administrative hearing, you will be granted a temporary driver’s license, which will be valid until the hearing, and until, the Administrative Law Judge (ALJ) issues a written decision on your case. This usually takes about 30 days after the hearing. Once granted a stay while waiting for the administrative hearing, you must go to a local DMV office to obtain the temporary license.

Why Would You Apply for an Administrative Hearing?

If you are stopped and found to be driving on a revoked license there are additional harsh penalties, such as being arrested and spending 30 days in jail or 60 days under house arrest, and $500 to $1,000 in fines. Additionally, an additional year will be added to any prior revocation you receive. You will not be eligible for any type of plea bargain, or suspended sentence to these penalties.

What is an Administrative Hearing?

The Office of Administrative Hearings is a special court, which is not considered criminal or civil, but rather allows a review and hearing on any DMV decision regarding your driving privileges. It is presided over by an Administrative Law Judge (ALJ), who renders the decision of any hearings. Witnesses may be called to testify under oath and may be cross-examined; physical evidence may be considered; and you may defend yourself, or an attorney may represent you. The arresting police officer and other parties will appear under subpoena. All facts will be heard, and the ALJ will then issue a decision to find in favor of the DMV or you, the Defendant. The ALJ’s decisions are final and binding, although his decisions may be appealed to a District Court, or the Nevada Supreme Court.

There are three Administrative Hearing locations in Nevada. In Las Vegas, the hearings take place at the DMV at 2621 E Sahara Ave. The other locations are in Carson City at 555 Wright Way, and in Elko at 3920 E Idaho Street. 

The Defenders will Represent You at a DMV Administrative Hearing

A DUI charge subjects you to harsh penalties and possible loss of rights. In addition to jail time, and fines associated with the criminal charges, the loss of driving privileges may impact your life and ability to work. It is vital to have representation if you have been charged with a DUI in order to navigate the complex legal territory and retain your rights. If you have been charged with a DUI, call our office today to discuss your case at (702) 333-3333.

Read More:

Practice Areas