In Nevada, when a person is arrested for DUI, two issues affecting the person’s liberty arise: (1) possible jail, prison, fines, and counseling (among other conditions) and (2) their driver’s license and ability to drive. This blog addresses the restraint on one’s driver’s license when they’ve been arrested for DUI.
If a person is stopped by law enforcement, they may be required to submit to a breath or blood test to determine whether they’ve been drinking. Under relatively new Nevada law, if a driver refuses to submit to the breath/blood test, the Nevada Department of Motor Vehicles (“D.M.V.”) will revoke their license for one (1) year. NRS 484C.210. And, under this new Nevada law, if the breath/blood result yield .08 or higher results, their drivers license can be revoked for an additional ninety (90) days. Id. These revocations are pre-conviction for DUI, and administered by the entity that controls Nevada driver-licenses—the D.M.V.
Nevada drivers have the right to request a hearing to contest this revocation at the D.M.V. level. If a hearing is requested, a driver can also seek a temporary drivers license pending the hearing and the results. Likewise, if the ninety (90) day revocation period is imposed, a driver can request a restricted license for forty-five (45) days into to the revocation.
However, once the pre-conviction D.M.V. issues are behind a Nevada driver, post-conviction D.M.V. issues remain. In other words, regardless of whether a Nevada driver has success at a D.M.V. hearing before being convicted of DUI, their driver’s license is still subject to mandatory revocation following a DUI conviction. NRS 483.460. Depending on the severity of this DUI (i.e. first, second, or third/felony offense), the revocation can last ninety (90) days, one (1) year, or three (3) years.
-Rich Tanasi, Esq. (firstname.lastname@example.org)