Arrested for a Second DUI in Las Vegas or Reno?
An arrest for a second DUI can result in your Nevada driver's license being revoked for one year. You are subject to the 1-year revocation if you have a prior DUI (from any state) within the previous 7 years and:
- You are convicted of, or plead guilty to, a Nevada DUI in criminal court; or
- You are subject to a mandatory revoked license after a DUI arrest because:
How long do I have to request a Nevada DMV hearing?
You can appeal a mandatory license revocation by requesting a hearing from the Nevada DMV. However, the request must be in writing and it must be made within 7 days of:
- The date of your arrest (if you “blew” a BAC of .08% or higher or refused to take a DUI chemical test); or
- The date on which the DMV notifies you by certified letter that you “failed” your DUI blood or urine test.
If you took a blood or urine test, your license will not be revoked until the DMV receives the results of such test back from the lab. In some places, this may happen fairly quickly. In more crowded locales, such as Las Vegas, this can take up to 6 weeks.
How do I Win a Nevada DMV License Hearing?
Since the DMV does not have to prove beyond a reasonable doubt that you drove drunk or drugged, it can be challenge to win a Nevada DMV license revocation hearing. However, it is usually worth trying, especially after a second Nevada DUI arrest.
While you are allowed to request a restricted license following a 1st or a 3rd DUI license revocation, Nevada law prohibits the DMV from issuing you a restricted license following a second DUI license revocation within seven years.
Your Nevada DUI defense attorney has a number of ways to prevail at your DUI license revocation hearing, however, including:
- Expert testimony to challenge DUI chemical test results;
- Challenging the arresting officer's conclusions;
- Witness testimony to show that you were driving safely; and
- Negotiating with the DMV for alternatives to taking away your license.
Charged with Your 2nd DUI in Reno or Las Vegas? Call us for help…
If you have been arrested for a Nevada DUI, we invite you to contact us for help.
Our caring Reno and Las Vegas, Nevada DUI defense lawyers know that an arrest doesn't necessarily mean you drove under the influence. We have years of experience successfully challenging both criminal DUI charges and Nevada DMV license revocations.
To schedule a free consultation with an experienced Nevada DUI defense lawyer, call us at 702-DEFENSE (702-333-3673). Or fill out the form on this page and one of our attorneys will get back to you promptly to discuss your case.
If your license was suspended in California, please visit our page on California DMV hearings.