Losing Your Nevada Driver's License After a DUI Arrest
The length of a Nevada driver's license revocation for DUI depends on whether it is your first, second, or subsequent DUI revocation or suspension. The applicable periods are:
DUI offense (in any state)
Length of Nevada revocation
2nd DUI within 7 years
3rd or subsequent DUI within 7 years
Fortunately an experienced Reno or Las Vegas DUI lawyer can help you fight the loss of your license, both in court and at the Nevada DMV.
To help you better understand how the DMV calculates license revocation periods and what you can do to challenge or shorten them, our Reno and Las Vegas, Nevada DUI defense lawyers discuss the following, below:
- 1. How does my driver's license get revoked in Nevada?
- 2. When does my Nevada DUI license revocation start and how long will it last?
- 3. When and how can I get my Nevada driver's licensed reinstated?
- 4. Can I get early restoration of my Nevada driving privilege?
If you are arrested for drugged or drunk driving in Nevada, there are two ways your driver's license can be revoked:
- A court-ordered revocation of your driving privilege if you are convicted of, or plead guilty or no contest to, criminal DUI charges; or
- Mandatory revocation by the DMV following a DUI arrest
The mandatory revocation applies if:
If your right to drive is taken away by both the Nevada DMV AND a criminal court, the periods of revocation will run concurrently. In other words, you will not lose your privilege to drive twice for a single DUI or DUI of drugs.
Note that in Nevada your driver's license is not suspended for a DUI as it is in some other states – it is actually revoked. To get your driving privilege restored in Nevada at the end of the applicable period, you will need to apply for a new license.
If you are arrested for DUI and a DUI breath test shows a BAC of .08% or greater or you refuse to take a chemical test, the arresting officer will take your driver's license and send it to the DMV. You will be given a temporary driving permit, either by the officer at the scene or following your booking at the station.
Your temporary license is good for 7 days only. You have just 7 days to request a hearing to contest your DMV suspension or you will lose your right to drive. You must request the hearing in writing.
If you took a DUI or DUID blood or urine test, your license will be returned to you after your arrest. The DMV will not revoke your license -- if at all -- until the results come back from the lab. In Las Vegas, this can take as long as 4 to 6 months. Only if the results show a BAC of .08% or greater or more than the acceptable concentration of drugs will your license be revoked.
The DMV will notify you of such revocation by certified letter sent to the address for you it has on record. You will then have 7 days to contest the revocation in writing. If you do not request a hearing within the 7-day period – or if you lose at your hearing – you will lose your right to drive for:
- 90 days (if it is your first DUI revocation);
- 1 year (for a second DUI revocation); or
- 3 years (for a third or subsequent DUI revocation).
Reinstatement of your driving privileges is not automatic at the end of the revocation period. You must follow DMV reinstatement procedures and physically receive a new license in order to drive again legally -- even if your criminal charges later get dismissed or your DUI is reduced to reckless driving.
Since you will be obtaining a new license, there is no time limit or statute of limitations for reinstating your license after the end of the revocation period.
If it is your first or third DUI revocation, you can apply for a restricted license after your license has been revoked for a minimum of the following period of time:
- 1st DUI: 45 days.
- 3rd DUI: One year.
Nevada law prohibits you from obtaining a restricted license after a 2nd DUI.
A Nevada restricted license permits you to drive on the job and/or to and from work, school, the grocery store, medical appointments, child visitation and court-ordered appointments, including alcohol education classes.
Your restricted license may be subject to conditions, such as installation of an ignition interlock device (IID) or purchasing and maintaining SR-22 insurance for 3 years. You may also be required to retake your written, vision, and driving tests and to pay a license reinstatement fee.
Have you received notice of a Nevada DUI license revocation? Call us for help…
Our caring Reno and Las Vegas, Nevada DUI defense lawyers understand how difficult it can be to try to work or even live without a driver's license.
Challenges to Nevada DMV license suspensions can be difficult to win. But they are usually worth the fight.
If you have been arrested for a Nevada DUI and are looking for vigorous defense of your driving privilege either at the DMV or in court, we invite you to contact us for a free consultation.
Simply call us at 702-DEFENSE (702-333-3673) or fill out the form on this page. One of our Nevada DUI attorneys will get back to you promptly to discuss your case and the best way to challenge your Nevada driver's license revocation.