Nevada "DMV Hearings" in DUI Cases


A DMV hearing is different than your criminal DUI case. You have the right to a DMV administrative hearing if your license has been suspended, revoked or denied, so that you can contest the suspicion. Your attorney will make arguments on your behalf and present evidence to a judge in what is basically like a mini-trial.

The DMV hearing only deals with the driver’s license. DUI school and possible fines are taken care of in criminal court. They aren’t easy to win as they require less strong evidence against you. Even though you win the DMV hearing, you might have your license suspended if losing in criminal court. However, often the arresting police officer doesn’t show up and you will most likely win by default, so it might be worth it to request a hearing.

A DMV hearing is also an excellent opportunity for your attorney to cross-examine the officer and find flaws in the prosecution.

How soon is my license suspended? It depends on the test you elected at the arrest. If your BAC is above .08, as shown by a breath test, your license will be taken right away. You’ll get a temporary permit and you then have 7 days to request a hearing with the DMV if you elect to do so. If you take a blood test, you get to keep your license until the test results come back, which can take several months. Your attorney will request a hearing if your BAC was at 0.8 or above and a temporary license, so you will still be able to drive until the DMV hearing is over.

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