If you are in the state of Nevada and are charged with a DUI, there is a laundry list of fines and penalties you will need to contend with. One of them is the suspension of your driver's license through the Nevada Department of Motor Vehicles.
If you take a breathalyzer test and have a reading of .08% or higher, your license will be confiscated on the spot. If you take a blood test, you will be notified of your license suspension via mail. Either way, you have the option to request a DMV hearing to address your license suspension. If you win, you will be able to keep your license. It is important to act quickly however, because the window of opportunity to request this hearing is very quick, within 7 days of having your license suspended.
Should I Request a DMV Hearing?
When you get a DUI, you will find it necessary to contend with both the Nevada Department of Motor Vehicles and the Nevada Criminal Court system. The DMV hearing is optional; you do not have to attend. If you are successful however, you can avoid license suspension. If you lose, your license will be suspended for a period of 90 days for your first offense. For your second DUI (within 7 years), the suspension will be for one year, and for any subsequent offense if will be for between 3 to 5 years.
Is it Hard to Win a DMV Hearing?
Generally speaking, prevailing on a DMV hearing can be challenging. This is because the burden of proof is different. In criminal court the prosecutor has to prove the crime was committed “beyond a reasonable doubt.” In a DMV hearing, the burden of proof is a “preponderance of the evidence” which is easier to prove.
Is it Worth It?
Attending a DMV hearing is worth the extra effort. If your arresting police officer doesn't show up to the hearing for whatever reason, you can win the case by default judgment. Also, having a hearing helps your Nevada DUI lawyer see what evidence the police have against you, which can help you with your criminal case down the road.