Driver's License Suspension


A suspended or revoked license is when the Department of Motor Vehicles (DMV) cancels a person's driving privileges.  It’s important to understand that the DMV fight to keep your license is a distinct and separate hearing from the DUI case.  The only thing at stake at the DMV hearing is your license.  A first DUI carries a suspension of 90 days, a second DUI within seven years results in a one year suspension, and a third within seven years results in a 3 year suspension.  Note, these periods are going to increase in October 2018.

DUI License Revocations

There are many grounds for suspension.  The focus of this article is on the mandatory suspension for a DUI.

DUIs within 7 Years

Period of Revocation

First DUI

90 days, restricted license available after 45 days.  October 1, 2018, the period will increase to 185 days

Second DUI (within 7 years)

1 year

Third DUI (within 7 years) and DUI causing bodily injury or death

3 years, restricted license after 1 year

Driving on a suspended license due to DUI in Nevada is a bad move.  If caught, the driver can be facing a flat 30 days in jail above and beyond the outcome of any DUI proceedings.  It’s not worth it.

 

WHERE CAN I GO ON A RESTRICTED LICENSE?

Usually restricted licenses are limited to:

  • work,
  • school,
  • Doctors’ visits,
  • Grocery shopping, and/or
  • and other reasonable and necessary purposes as specifically describe on the license.

 

Fighting a Driver’s License Suspension in Las Vegas and surrounding Clark County, Nevada Jurisdictions

Notice of suspension may come upon release from jail, or later by registered mail from the DMV.  In either case if you wish to have a DMV administrative hearing you must request it within 7 days.  Once the hearing is set you will keep your license pending the final outcome, usually several months later.  If you took a blood test the suspension will always come much later than with breathalyzer results.

Is it worth it to fight the DMV? Sometimes yes, sometimes no.  The standard of proof at the DMV is dramatically lower than in Criminal court because it is a civil proceedings.  Many attorneys will gladly collect a fee to make this fight, however you should talk to an attorney that is willing to honestly tell you what your chances are based on your case facts.  Be wary of any attorney that promises an outcome in any case. Even as an aggressive defense attorney sometimes we have to tell clients what the real odds are.

That being said, it is possible to win at the DMV.  If successful the driver keeps his or her license and may continue driving. 

WHAT HAPPENS TO OUT OF STATE DRIVERS?

In Las Vegas many people accused of DUI are visiting or have licenses from different states.  All 50 states have agreed to share information and this could result in a suspension from the out of state DMV.  Sometimes this actually happens, sometimes it doesn’t.  Non-Nevada residents arrested for DUI should consult with an attorney in their home state regarding their license.

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