Getting pulled over for a DUI in Nevada is a frightening experience. One of the first things you wonder is, “Will they take my license away right here and now?”
The answer, like most matters involving the law, is not a simple yes or no. In this article I walk you through what really happens.
Breath Test vs. Blood Test: Your Choices Matter
If you are arrested for driving under the influence in Nevada, the police will give you the choice between taking a breath test or a blood test at the station. Which test you take – or if you refuse to take them – determines what happens to your license.
Breath Tests
Breath tests show instantaneous readings of your BAC (blood alcohol concentration). If you opt for the breath test, and it shows an illegal BAC level of 0.08% or higher, then the officer will confiscate your Nevada driver’s license right away. You will then be given a seven-day temporary license.1
(Note that the breath test you take post-arrest is different from the roadside breathalyzer test – called the “preliminary breath test (PBT)” – administered during your traffic stop. The results of the PBT are used only to determine whether there is probable cause to arrest you.)
Blood Tests
Blood tests results take weeks to come back. So if you opt for the blood test, you get to keep your license pending the results.
If you fail the blood test by having a BAC of 0.08% or higher, you will receive a letter in the Nevada DMV suspending your Nevada driver’s license. The letter will also include a seven-day temporary license.2
Refusing the Tests
You are required under Nevada’s “implied consent” law to take a breath or blood test following a DUI arrest. Though if you were suspected of driving under the influence of drugs, you must submit to the blood test because breathalyzers do not detect the presence of drugs.
If you refuse the tests, then the police will confiscate your Nevada driver’s license right away. You will then be given a seven-day temporary license.
In addition, the police will get a warrant to take your blood test by force (such as by strapping you down). Then even if your blood results eventually come back as lawful, you still face a license suspension for refusing. Therefore, it is usually not worth it to refuse the tests.3
Can I contest my license revocation?
Yes. Remember that seven-day temporary license you received from the police or in the mail? Before the deadline passes, you or your attorney must request an administrative hearing with the Nevada DMV. If the deadline elapses, your license will be revoked.
If you do make the request in time, the DMV will then schedule your hearing in a month or two. Then you can continue driving on that temporary license pending the results.
The hearing itself is like a mini-trial where your attorney can admit evidence and cross-examine your arresting officer. Therefore the hearing serves as a valuable “dry run” for your criminal trial, which is entirely separate from the DMV case.
However, DMV hearings are very hard to win because they are administrative and not criminal. The hearing officer can suspend your license based on very little evidence: The DMV does not require guilt “beyond a reasonable doubt” like criminal courts do.4
Can I keep driving if I lose my DMV hearing?
In most Nevada DUI cases, you can continue driving on a revoked license as long as you get an ignition interlock device (IID) installed in your vehicles. IIDs are breathalyzers attached to your steering wheel, and they disable your car if they detect alcohol on your breath.
Note that you are responsible for all the high costs associated with installing and maintaining the IID throughout your license revocation period.5
DUI arrestees get their license confiscated right away if they fail the breath test or refuse to take a chemical test at all.
How long does my license revocation last?
The length of your Nevada driver’s license revocation depends on your DUI charge, as the following table shows:
| Nevada DUI Offense |
Length of Driver’s License Revocation |
| 1st DUI in 7 years | 185 days, though you can usually continue driving with an IID.
Learn more about DUI 1st revocations. |
| 2nd DUI in 7 years (including DUIs from other states) | 1 year, though you can usually continue driving with an IID.
Learn more about DUI 2nd revocations. |
Felony DUI, which includes:
|
3 years, though you can usually continue driving with an IID.
Learn more about DUI 3rd revocations. |
Note that the only way to avoid a license revocation is to win both the DMV hearing and your criminal case, which are separate proceedings. Even if you win the DMV case, your license will still get revoked if you lose the criminal case–and vice versa.6
Chemical Test Refusals
If you refused to take a breath or blood test, then you face a separate license revocation that is in addition to the revocation for driving under the influence. As the following table shows, the length of this revocation depends on if you had past refusals.
| Refusal to Take the Breath- or Blood Test |
Nevada DMV Revocation |
| First refusal in 7 years | 1-year license revocation |
| Subsequent refusal in 7 years | 3-year license revocation |
Even if the DMV finds that you did not drive under the influence of alcohol or drugs, your license will still be revoked just for refusing the breath or blood test.7
What if I do not live in Nevada?
If you are arrested for DUI in Nevada but have an out-of-state license, the police will not confiscate your license.
However, if you get ultimately convicted of DUI in your criminal case, the Nevada DMV will inform your home state DMV. Your home state DMV may then revoke your license.
If you live out of state, your are advised to contact a local criminal defense attorney. Ask them how your home state DMV typically handles out-of-state DUIs.8
Additional Resources
For alternatives to driving in Nevada, refer to the following:
- Las Vegas Monorail – A quick and easy way to travel between the SAHARA Las Vegas Station and the MGM Grand Station.
- Regional Transportation Commission (RTC) of Southern Nevada – Bus system in Clark County, Nevada (which includes Las Vegas).
- Regional Transportation Commission (RTC) Washoe – Bus system in Washoe County, Nevada (which includes Reno).
- Taxicab Company Contact Information – List of licensed taxi cab companies by the Department of Business and Industry Nevada Taxicab Authority.
- Getting Around Las Vegas – Overview of options by visitlasvegas.com.
- Uber and Lyft – Popular ride-sharing app-based services.
