If charged with DUI in Nevada, the you will have to go
through two proceedings: A criminal proceeding and a civil proceeding (the Administrative Hearing). Once the arresting officer retains your state issued driver's license, you are issued a temporary driving permit. This permit will serve as your driver's license in lieu of the one retained by the officer until your
Administrative Hearing. Pursuant to Nevada law, an individual has 7
days to request an Administrative Hearing
from the Department of Motor
Vehicles. If you fail to request a hearing within 7 days, your right to the
hearing is lost, and your license is automatically suspended for the applicable
statutory time frame. In order to preserve your right to an Administrative
Hearing, it is crucial that you submit your request to the Department of Motor
Vehicles within 7 days. This is a very important aspect to your DUI charges and your case. This DMV
hearing has nothing to do with the criminal justice aspect of your case. You
will not be sentenced to incarceration during this hearing. However, it is
equally important because it concerns your driving privileges. Depending upon
the outcome of this DMV hearing, you could have a suspended, revoked, restricted
or otherwise inhibited license. The DMV Hearing is separate from your criminal proceeding but it is still
important that you have your DUI defense attorney present. Your Nevada DUI
attorney will protect your rights and make sure you receive the shortest license
suspension possible at your MVD hearing. A lengthy license suspension could be
detrimental to your job, family and other responsibilities. Protect your driving
rights as much as possible by hiring an experienced Nevada DUI lawyer to attend
the administrative hearing with you. Your first step is to file a request for an administrative
hearing within 7 (seven) days of having received your ticket. Your next step is
to find a DUI attorney in your area, who is familiar with the laws in your
state.
Driving Under the Influence
Nevada DUI Lawyer
A driver license revocation is a separate action from any criminal case. Motorists may appeal a revocation through the DMV Office of Administrative Hearings. License reinstatement is not automatic, even if the criminal charges were reduced or dismissed. You must meet reinstatement requirements and physically obtain a license to regain your driving privilege. A revocation which is not reinstated
will remain on your record indefinitely and you will not be able to obtain a driver license in any state.
REMEMBER,
YOU HAVE ONLY 7 (seven) DAYS IN WHICH TO REQUEST AN ADMINISTRATIVE
HEARING
Click on the county in which you received
your DUI.
Carson City
Elko
Lander
Nye
White Pine
Churchill
Esmeralda
Lincoln
Pershing
Clark
Eureka
Lyon
Storey
Douglas
Humboldt
Mineral
Washoe
You cannot refuse testing! A person driving or in ac-tual physical control of a vehicle is deemed to have given his consent to breath or blood testing. Refusal is grounds for an arrest. (NRS 484.382 and 484.383) Law enforcement may use reasonable force to obtain blood samples. (NRS 484.386)
You cannot refuse to take a breath, blood or urine test as directed by a police officer. Blood samples can be drawn involuntarily, even on a first offense.
These are administrative penalties which are taken immediately.
Courts impose additional criminal penalties upon conviction.
Records of a DUI arrest and/or conviction remain in criminal history files for the rest of your life. A DUI committed more than seven years after a prior conviction is treated as a first offense. Convictions and license revocations remain on your full DMV record for the rest of your life. DMV reports DUI convictions to insurance companies and employers for three years. A license revocation is reported until the driving privilege is reinstated.
DUI Penalties
Criminal
Arrest
Vehicle impounded.
Two days to six months in
jail or community service
Fine $400 to
$1,000
Chemical Test Fee $60
DUI School or Substance Abuse Treatment
Victim Impact
Panel
Driver
License
License revoked for 90 days
$120
Reinstatement Fee
$35 Victims Compensation Civil Penalty
$22 Driver
License Fee
DMV Tests – Vision, Knowledge, possibly Skills
SR-22
Certificate of Liability Insurance required for three years.
source: http://www.dmvnv.com/dltrafficlaws.htm#DUI
A Nevada DUI attorney can answer any questions you might have about the laws in Nevada or your specific DUI case. To speak with a DUI attorney near you today, fill out the free case evaluation form on the appropriate county page or call us, toll free, at 1-866- 995-9410.
We can help you get the legal representation you need to fight your drunk driving charge in Nevada and possibly minimize or avoid such consequences as court costs, fines, probation, community service, penalties, jail time and a criminal record.
Our Nevada Criminal Defense Lawyers have proven track records in
representing those accused of drunk driving. Getting expert legal help with your
Nevada DUI can be affordable and easy. Many of our
Nevada DUI Lawyers offer a free
initial case evaluation and flexible payment options.
Links to Nevada State
information:
Motor Vehicle Department: www.dmvnv.com
DUI Laws: http://alcoholism.about.com/od/DUI/a/DUI_nv.htm
Driver's Manual
(.pdf): www.dmvnv.com/pdfforms/dlbook.pdf
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