Was Your License Revoked for a 3rd DUI in Las Vegas or Reno?
If your license is revoked by the Nevada DMV for a third DUI arrest in seven years, you will lose your driving privilege for 3 years unless you successfully contest it.
Below our Reno and Las Vegas, Nevada DUI defense lawyers explain what happens when the DMV revokes your license for a third DUI and what you can do about it.
- 1. When can the Nevada DMV revoke my license for a DUI?
- 2. Nevada's mandatory driver license revocations
- 3. Can I get a restricted license after a 3rd DUI revocation?
- 4. How a DUI defense lawyer can help
There are several situations in which a DUI can result in the loss of your right to drive in Nevada:
- You are convicted of DUI in Nevada or any other state or U.S. territory;
- The DMV in another state or U.S. territory revokes or suspends your driving privilege; or
- You are subject to the mandatory revocation of your license following a DUI arrest in Nevada because:
An officer is required by law to take away your driver's license immediately if you are arrested for DUI and:
- A post-arrest DUI breath test shows a BAC of .08% or greater, or
- You refuse to take a chemical test.
The officer will forward your license to the Nevada DMV and you will be given a temporary driving permit good for 7 days.
To contest the loss of your license you must request a hearing from the DMV in writing. You have just 7 days to request a hearing or your license revocation will become “permanent” – that is, you will lose your right to drive in Nevada for 3 years.
You cannot avoid a mandatory license revocation by requesting a DUI blood test – you can only delay it. If you request a blood test (or you are required to take a blood or urine test because the officer suspects you drove under the influence of drugs), your license will usually not be confiscated right away if no one was injured. The police will forward the test results to the DMV once they receive them.
If the results show you were over the legal limit for alcohol and/or drugs, the DMV will notify you by certified mail. The DMV notice will say that your license will be revoked unless you request a hearing in writing within 7 days.
Note that your license will not usually be revoked if a DUI breath test shows a BAC of less than .08%. However, you can still lose your license later if you are tried and convicted for DUI based on actual unsafe driving rather than merely being over the legal limit.
You can apply for a Nevada restricted driver's license after your license has been revoked for a minimum of one year.
A Nevada restricted license permits you to drive as needed to get to / from one or more of the following: work, school, the grocery store, medical appointments, and court-ordered child visitation or alcohol education classes.
To get a restricted license you may need to provide special documentation to the Nevada DMV, such as:
- Substantiation of employment;
- A physician's statement;
- A “Verification of Need” affidavit completed by an unbiased individual and signed in front of a DMV authorized representative;
- A certificate of SR-22 insurance (which must remain in place for a continuous three-year period); and/or
- Proof that you installed a court-approved ignition interlock device into your vehicle, if required.
You may also be required to retake your written, vision, and driving tests and to pay a license reinstatement fee.
Note that driving while your license is revoked -- or in violation of a restricted license -- is a Nevada misdemeanor. Penalties can include up to 6 months in jail and/or up to $1,000 in fines.
A Nevada DMV license hearing is conducted much like a court case. The hearing is conducted by a judge and is open to the public. Witnesses testify under oath and are subject to cross-examination.
You are allowed to subpoena the arresting officer and question him or her. You can also present expert testimony that explains or casts doubt on the officer's version of event and/or your DUI chemical test results.
Our experienced Reno and Las Vegas, Nevada DUI defense attorneys can help you prepare for your hearing and make sure that the judge hears evidence in your favor. If any laws or regulations were violated during your arrest or chemical test, we can challenge the legality of the revocation.
To learn more about the hearing process, you may wish to read our article on Nevada DMV license revocation hearings.
Call us for help…
If you or someone you know is facing a third driver's license revocation for a Nevada DUI, we invite you to contact us for a free consultation.
Our compassionate Las Vegas and Reno DUI lawyers know that innocent people lose their driving privileges every day. We also know how devastating the loss of your ability to drive can be to your health, your income and your personal relationships.
We defend clients throughout the state of Nevada on criminal DUI charges and at DMV license revocation hearings.
To speak to one of our knowledgeable DUI defense lawyers, call us at 702-DEFENSE (702-333-3673) or simply fill out the form on this page.
And to learn about contesting a DUI driver's license suspension in California, please see our article on California DMV hearings.